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

Tuesday, February 22, 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

A) Presentation of Development Issues in Denton County and any appropriate action. Commissioner, Precinct #1

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.)

TREASURER

* B) Approval of Payroll.

6. PURCHASING

A) Approval of specifications and authority to advertise for Boiler Replacement-Denton County Law Enforcement Center, Bid #02-05-1663, and any appropriate action.

7. BUDGET

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

B) Approval of the Property Tax Collection Fee Analysis Report, setting the fee for the 2005 contract period and establishing a method of reviewing the fee for future contacts, and any appropriate action. (Briefing 02-08-05)

* C) Approval of Budget Amendment Request #100520 to reduce revenues and expenditures for Shady Shores Law Enforcement Contract in the amount of $73,908, and any appropriate action. (Briefing 02-08-05)

* D) Approval of Budget Amendment Request #100540 for various line items including the transfer of funds from JP Technology-Unappropriated Contingency for JP Technology in the amount of $2,323, and any appropriate action. (Briefing 02-08-05)

E) Approval of Emergency Budget Amendment Request #100560 to increase revenues and allocate expenditures for various line items for Federally Qualified Health Center Grant in the amount of $143,836, and any appropriate action.

F) Approval of Budget Amendment Request #100590 for Computers for County-Wide Technology in the amount of $2,580, and any appropriate action.

G) Approval of Budget Amendment Request #100630 for Office Rental including the transfer of $6,700 from Non-Departmental Unappropriated Contingency-Regular Contingency for County Leased Building in the amount of $7,700, and any appropriate action.

H) Approval of Organizational Goals, Commissioners Court Memo, Budget Planning Calendar, Budget Priorities and establishing tax rate parameters for the Budget Office to use when recommending a budget for the FY2005-2006 budget process, 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 combining three Deputy Clerks (Deputy Clerk-Motor Vehicle, Deputy Clerk-Ad-Valorem and Deputy Clerk-Mail) job descriptions into one Deputy Clerk job description in the Tax Office, and any appropriate action. (Briefing 02-08-05)

9. HEALTH

10. PUBLIC WORKS

11. COUNTY CLERK

12. SHERIFF

13. OTHER DEPARTMENTS

A) Approval of Legislative Policy Statements, Resolutions, or other matters relative to the 79th Legislative Session, and any appropriate action. County Judge

B) Consideration of discussion and appropriate action relating to prioritizing road projects and setting criteria for the first issuance of TRIP 2004 Bonds. Commissioner, Precinct #2

* C) Approval of Building usage request from Fema Awards Committee for use of the Selby House/Freeman Parking Lot on March 29, 2005 from 1:00 pm to 5:00 pm for parking while attending meeting at the Campus Theatre, and any appropriate action. Aide-to-the-Court (Briefing 02-08-05)

D) Approval of building usage request from Denton County Farmers Market for use of the parking lot at Carroll Blvd. & Sycamore St. every day beginning April 1 thru October 31, 2005, from 7 am to 6 pm, and any appropriate action. Ag Extension (Briefing 02-08-05)

E) Approve the appointment of Richard S. Tucker to the Board of Directors of the Tax Increment Financing (TIF) Zone Two, commonly known as Speedway TIF, and any appropriate action. Commissioner, Precinct #4

F) Approve the appointments to the Denton County Salary Grievance Committee: Mr. Carl R. Anderson, Ms. Allison Coe, Ms. Jayne Boyle, Ms. Susan Romero, Ms. Brenda Mitchell, Mr. Tyler Wood, Mr. Miguel Sanchez, Mr. R.M. Stevens, and Mr. Jim Bateman, and any appropriate action. Aide-to-the-Court

G) Approve the appointments of Jean Carter and Betty Foster to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

H) Approve the re-appointment of Thanna Bound to the Denton County Historical Commission, and any appropriate action. Denton County Historical Commission

I) Approve appointment of Mr. Joseph E. Rodriguez to the Denton County Health Advisory Board, and any appropriate action. Commissioner, Precinct #2

J) Approval to Call Local Option Election for:
1) City of Copper Canyon for “the Legal Sale of Beer and Wine for Off-Premise Consumption Only” on May 7, 2005 at Copper Canyon City Hall, 400 Woodland, Copper Canyon, Texas, Denton County. To designate the Elections Office 401 West Hickory, Denton Texas as the main early voting site, that early voting will begin April 20, 2005, that early voting will be conducted from April 22, 2005 thru May 3, 2005. To designate the Copper Canyon City hall as a branch location with voting hours the same as the Copper Canyon City hall working hours. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton, TX 76202; La Orden: Para llamar la Eleccion Local de la Opcion – Cuidad de Copper Canyon- para “la venta legal de cerveza y vino para consumo solamente fuera del lugar de venta” en Mayo el 7 de 2005 en Copper Canyon City Hall, 400 Woodland, Copper Canyon, Texas, Denton County. A senalar la Oficina de las Elecciones- 401 West Hickory, Denton, Texas como el sitio para votar temprano comenzando Abril el 20 de 2005 y continuara hasta el 3 de mayo de 2005. Para senalar Copper Canyon City Hall como localizacion para votar con horas de votacion iguales que las horas de funcionamiento de Copper Canyon City Hall. La direccion del Director de votacion temprano es, Don Alexander, P.O. Box 1720, Denton, TX 76202. Elections Department
2) City of Copper Canyon for “the Legal Sale of Mixed Beverages in Restaurants by Food and Beverage Certificate Holders Only” on May 7, 2005 at Copper Canyon City Hall, 400 Woodland, Copper Canyon , Texas, Denton County. To designate the Elections Office 401 West Hickory, Denton Texas as the main early voting site, that early voting will begin April 20, 2005, that early voting will be conducted from April 20, 2005 thru May 3, 2005. To designate the Copper Canyon City hall as a branch location with voting hours the same as the Copper Canyon City hall working hours. The address of the early voting clerk is Don Alexander, P.O. Box 1720, Denton,TX76202; La Orden: Para llamar la Eleccion Local de la Opcion – Cuidad de Copper Canyon –para “la venta legal de bebidas mezcladas alcoholicas en restaurants solamente por poseedores de certificados autorizandolos para server alimentos y bebidas”en el 7 de Mayo de 2005 en Copper Canyon City Hall, 400 Woodland Drive, Copper Canyon, Texas, Denton County. A senalar la Oficina de las Elecciones - 401 West Hickory , Denton Texas como el sitio para votar temprano comenzando abril 20 de 2005 y continuara hasta el 3 de mayo de 2005. Para senalar Copper Canyon City Hall como localizacion para votar con horas de votacion iguales que las horas de funcionamiento de Copper Canyon City Hall. La direccion del Director de votacion temprano es, Don Alexander, P.O. Box 1720, Denton,76202. Elections Department

14. LEGAL

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

B) Approval of the Amendment and or Modification to the beginning and completion dates of bridge and roadwork for the Agreement between Owner and Contractor Sutton & Associates, L.P., for the Shady Shores Drive Paving Improvement Project as attached to this Order and authorization for the County Judge to sign the same, and any appropriate action.

C) Approval of the temporary lease of warehouse space between Denton County, Texas and Raymond M. Hair, Jr. and wife Evelyn D. Dunn for the Fire Marshal, and any appropriate action.

D) Approval of the Agreement for HotJobs.com Job Pack Desktop between Denton County, Texas and Yahoo HotJobs, and any appropriate action.

E) Approval of a Permanent Right-of-Way Easement between Tammy Romero and Denton County, Texas, for the Chinn Chapel Road Project, and any appropriate action.

F) Approval of Amendment #1 to the Interlocal Cooperation Agreement between City of Oak Point and Denton County, Texas, for a 2 course penetration Chipseal on Cottonwood Trail for a distance of approximately 2460 feet located in the City of Oak Point, and any appropriate action.

G) Approval of a) the Construction Agreement, Donation Deed, and Temporary Construction Easement Agreement with all necessary exhibits between Denton County, Texas, and Unified Aircraft Services, Inc., a Foreign Business Corporation, duly licensed to do business in the State of Texas for the Lake Lewisville Bridge Project, 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: Pending Litigation, Texas Government Code, Section 551.071(1)(A); James Paton.

F) 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.

G) Real Property: Texas Government, Section 551.072; Discussion with Counsel of legal issues relating to Denton County Farmer’s Market Association and proposed Agreement using County property.

H) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Glenda Gravely vs. Denton County, Texas, pending in the United States District Court Eastern District of Texas Sherman Division, Cause No. 4:04-cv-162.

I) Consultation with Attorney: Texas Government Code, Section 551.071 (1)(a); Sutton & Associates, L.P.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT