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

Tuesday, December 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) 9:15 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

A) Approval of presentation for the Denton County Purchasing Department receiving the Excellence in Procurement Award for 2004, and any appropriate action. County Judge

B) Presentation regarding fiber optic cable network to connect governmental facilities and approval of possible Interlocal Agreement with the Denton Independent School District, and any appropriate action. Information Services

4. PUBLIC HEARINGS

9:15 am A) Approval of 1) abandoning a portion of the right-of-way known as the remaining portion of Elm Ridge Road, 2) the Quitclaim Deed between Denton County and Savannah Properties Associates, L.P., 3) the Quitclaim Deed between Denton County and T.B. Land, LLC % Troy McGee and 4) authorization for the County Judge to execute both Quitclaim Deeds, 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

7. BUDGET

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

* B) Approval of Budget Amendment Request #100300 for Lease Payments and HMAC for Road & Bridge, Precinct #1 in the amount of $327,200, 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 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

* A) Approval of FINAL Plat of the Bewley Addition, Precinct #1, and any appropriate action. Planning Department

11. COUNTY CLERK

12. SHERIFF

13. OTHER DEPARTMENTS

A) Approval of appointments to the Citizens Storm Water Review Committee, and any appropriate action. Commissioners Court

B) Approve re-appointment of Terry Sullivan to the Denton County Building & Property Committee effective December 31, 2004, and any appropriate action. Commissioner, Precinct #2

C) Approve re-appointment of Mr. Benjamin Grooms to the Denton County Veterans Advisory Board, and any appropriate action. Commissioner, Precinct #2

D) Approval of appointment of Mr. Barry Jameson to the Denton County Storm Water Committee, and any appropriate action. County Judge

E) Approval of the re-appointment of Mr. Charles Correll to the Denton County Transportation Authority Board of Directors, and any appropriate action. County Judge

F) Approval of the re-appointment of Mr. Jason Pierce to the Denton County Transportation Authority Board of Directors, and any appropriate action. County Judge

14. LEGAL

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

* B) Approval of the Service Agreement Renewal Notice with Appriss, Inc. through the State of Texas, Office of the Attorney General for Denton County VINE Service, and any appropriate action. (Briefing 11-30-04)

* C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and McLennan County, and any appropriate action. (Briefing 11-30-04)

* D) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the Frisco Public Library, and any appropriate action. (Briefing 11-30-04)

* E) Approval and implementation of Denton County Public Nuisance Abatement Order, and any appropriate action. (Briefing 11-30-04)

4.G F) Approval of the Pharmacy Services Agreement between Denton County, Texas on behalf of Denton County Indigent Health Care, and Data Rx Management, and any appropriate action.

G) Approval of 1) the Real Estate Contract between Denton County, Texas, and Roger Sessions for the Florence Road Improvement right-of-way acquisition Project, 2) authorization to proceed with closing for the purchase of Roger Sessions’ Property, 3) authorization for the County Judge to sign all necessary closing documents for the purchase of Roger Sessions’ property, and 4) direction for the County Auditor to issue a warrant for the purchase cost and closing fees for the Roger Sessions’ Property, and any appropriate action.

H) Approve the Resolution approving the issuance by Capital Trust Agency of its revenue bonds in one or more series for the financing or refinancing of certain projects in 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: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Blue Skies Alliance, Downwinders at Risk, Public Citizen and Sierra Club, non-profit corporations, Plaintiffs, vs. Michael O. Leavitt, Administrator, US Environmental Protection Agency; Richard E. Greene, Regional Administrator, US Environmental Protection Agency, Region XI, and the United States Environmental Protection Agency, Defendants Cause # 3:04-cv-02169, pending in the United Stated District Court for the Northern District of Texas in Dallas, Texas.

E) Consultation with Attorney: Section 551.071 (2); Discussion regarding legal issues related to the Interlocal Agreement with Denton Independent School District regarding fiber optic network to connect governmental facilities.

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

G) Consultation with Attorney: Texas Government Code, Section 551.071 (2); Denton County, Texas, v. Scott T. 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.

H) Deliberations about Real Property; Texas Government Code, Section 551.072; Disposition of certain property in the area of the City of The Colony.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT