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

Tuesday, December 21, 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

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) Approval of an Order authorizing the issuance of “Denton County, Texas, Permanent Improvement Bonds, Series 2005”; specifying the terms and features of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement, and any appropriate action.

TREASURER

* C) Approval of Payroll.

6. PURCHASING

* A) Approval of exemption from bidding for Sole Source purchase for software licensing, professional services and support from Datastream System, Inc., according to the provisions of Section 262.024 (a)(7)(A) of the Local Government Code, and any appropriate action. (Briefing 12-14-04)

* B) Approval of award for Printing, Bid #08-04-1633, Section I to Metroplex Finishing, and Section II and III to CLC Business Products, and any appropriate action. (Briefing 12-14-04)

* C) Approval of Workers’ Compensation, Insurance. RFP #08-02-1512, with Texas Association of Counties, and any appropriate action. (Briefing 12-14-04)

7. BUDGET

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

* B) Approval of Budget Amendment Request #100340 for Fleet Liability Insurance including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Non-Departmental in the amount of $18,361, and any appropriate action. (Briefing12-14-04)

* C) Approval of Budget Amendment Request #100350 for Computers for County-Wide Technology in the amount of $3,085, and any appropriate action. (Briefing 12-14-04)

* D) Approval of Budget Amendment Request #100360 for Computer Software for County-Wide Technology in the amount of $684, and any appropriate action. (Briefing 12-14-04)

E) Approval of Budget Amendment Request #100370 for CASA (Court Appointed Special Advocates) including the transfer of funds from Non-Departmental Unappropriated Contingency-Regular Contingency for Health Care Relief Fund in the amount of $27,235, 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 exempting the self-funded portion of the Denton County Public Employee Benefits Cooperative Plan (PEBC EPA Medical Plan PEBC PPO Medical Plan, and the PEBC PPO Dental Plan) from the requirements of the XXVII of the Public Health Service Act (PHS Act), and any appropriate action. (Briefing 12-14-04)

9. HEALTH

* A) Approval of a revised contract with Texas Department of State Health Services (DSHS) for CPS-BIOTERRORISM PREPAREDNESS, and any appropriate action. (Briefing 12-14-04)

10. PUBLIC WORKS

A) Approval of (a) participating in the 2005 NTCOG Regional Storm Water Management Program, and (b) authority for the County Judge to execute the Funding Committee Response Form, and any appropriate action.

* B) Approval the FINAL Plat of the Anderson Addition, Precinct #1 and any appropriate action.

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) Approval of Building Usage request from Denton Community Church for use of the Courthouse-on-the-Square Lawn, December 24, 2004, from 5:30 pm to 6:30 pm for the purpose of a candlelight service, and any appropriate action. Aide-to-the-Court (Briefing 12-14-04)

C) Approve the re-appointment of Mary Thomas to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #2 (Briefing 12-14-04)

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

E) Approve the re-appointment of Sarah Hartpence to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #4

F) Approve the re-appointment of Don White, Sr. to the Denton County Social Service Organization Committee, and any appropriate action. Commissioner, Precinct #4

G) Approve the re-appointment of Richard Cook to the Denton County Veterans Advisory Board, any appropriate action. Commissioner, Precinct #4

H) Approve the re-appointment of Brian Darby to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4

I) Approve the re-appointment of Phillip L. Henderson to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4

J) Approve the re-appointment of Joe Phelps to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4

K) Approve the re-appointment of Curtis Talley to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #4

L) Approve the re-appointment of David Ford to the Denton County Building & Property Committee, and any appropriate action. Commissioner, Precinct #4

M) Approve the re-appointment of Lonnie Yarbrough to the Denton County Health Advisory Board, and any appropriate action. Commissioner, Precinct #4

N) Approve the re-appointment of Thomas Yoder to the Denton County Building & Property Committee, and any appropriate action. Commissioner, Precinct #4

O) Approve the re-appointment of John Johnson to the Denton County Building & Property Committee, and any appropriate action. Commissioner, Precinct #4

P) Approve the appointments of Annell Bradford, Tommy Brewer, and Andrew Eads to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

Q) Approval of the appointment of Ms. Dawn Hessel to the Denton County Local Emergency Planning Committee, and any appropriate action. County Judge

14. LEGAL

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

B) Approval of Amendment No. 2 to the Administrative Services Agreement between MHN Services and Denton County Group #4542, and any appropriate action. (Briefing 12-14-04)

* C) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Palo Pinto County, and any appropriate action. (Briefing 12-14-04)

* D) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and the City of Lewisville, and any appropriate action. (Briefing 12-14-04)

* E) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) City of Lewisville and (2) the Town of Westlake, and any appropriate action. (Briefing 12-14-04)

* F) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and the City of Sanger, and any appropriate action. (Briefing 12-14-04)

* G) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Palo Pinto County, and any appropriate action. (Briefing 12-14-04)

* H) Approval of District Office Lease Contract between Denton County, Texas and the Committee on House Administration of the House of Representatives of the State of Texas for the benefit of Burt R. Solomons, a member of the House of Representatives of the State of Texas, and any appropriate action. (Briefing 12-14-04)

* I) Approval o f Change Order #2 to the Contract Agreement between Denton County, Texas and Sunmount Corporation, Bid # 01-04-1593, in the amount of $2,208.40, for total contract amount of $306,990.61, for the Intersection Improvements for US Hwy. 380 at Jackson, Nail and Egan in Denton County, Texas, and any appropriate action. (Briefing 12-14-04)

J) Approval of fiber optic cable network to connect governmental facilities and approval of possible Interlocal Agreement with the Denton Independent School District, and any appropriate action. (Briefing 12-14-04)

K) Approval of the Services Work Order with Now Solutions, Inc., and Denton County, Texas to provide emPath Application Consulting and Crystal Reporting Consulting on a time and materials basis for open enrollment 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 or District Court after remand.

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

G) Consultation with Attorney: Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential claim regarding fixtures, plumbing, and security at Pretrial Detention Center.

H) 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.

I) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): Deliberations concerning the evaluation, reassignment, duties, discipline and/or dismissal of the Denton County Economic Development Director.

J) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); James Paton.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT