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

Tuesday, January 4, 2005, 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/Payroll.
(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 award of bid for Gas and Diesel, Bid #09-04-1636, to Petroleum Traders for Gasoline and Martin Eagle Oil for Diesel, and any appropriate action. (Briefing 12-21-04)

B) Approval of award of bid for Copper Canyon Road Construction Bid #11-04-1642, and any appropriate action.

C) Approval of award of bid for Chinn Chapel Road Construction Bid #11-04-1644, and any appropriate action.

7. BUDGET

* A) Approval of Intra-Departmental Transfers, 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

12. SHERIFF

13. OTHER DEPARTMENTS

* A) Approval of request to transfer Phone Service from Progressive Concepts to Nextel Communications, and any appropriate action. Constable, Precinct #4 (Briefing 12-21-04)

* B) Approve Building Usage request from UNT to use the Conference Room on January 12, 2005 from 9 am to 3 pm for a meeting, and any appropriate action. (Briefing 12-21-04)

C) Approval of appointment of Jan Thompson to the Denton County Storm Water Committee, and any appropriate action. Commissioner, Precinct #3

D) Approval of re-appointment of Jerry Doug Mitchell to the Denton County Veterans Advisory Board, to represent Precinct #3, and any appropriate action. Commissioner, Precinct #3

E) Approve the re-appointment of Scott Corbitt to the Denton County Transportation Committee, and any appropriate action. Commissioner, Precinct #3

F) Approve the appointment of Sherman Swartz to the Denton County Storm Water Committee to represent Precinct #3, and any appropriate action. Commissioner, Precinct #3

G) Approval of the re-appointment of Richard Metivier to the Denton County Building and Property Committee to represent Precinct Three, and any appropriate action. Commissioner, Precinct #3

14. LEGAL

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

* B) Approval of renewal of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton County and Ellis County, and any appropriate action. (Briefing 12-21-04)

C) Approval of the Supplement Agreement to the North Texas Tollway Authority (NTTA) Agreement for the Lewisville Lake Bridge Corridor in the amount of $202,176.85, for a total contract amount of $1,388,079.75, and any appropriate action. (Briefing 12-21-04)

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 or District Court after demand.

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) 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.

F) 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.

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

H) 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.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT