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

Tuesday, March 1, 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.
(Payments from Adult Probation, Community Corrections, Pre-Trial Services and District Attorney Check Fee Fund are presented for recording purposes only.)

B) Approve the Denton County General Fund Unreserved Fund Balance Policy, and any appropriate action. (Briefing 02-22-05)

C) Approve authorizing the County’s Financial Advisors, Southwest Securities, to Pursue Opportunities to Refinance Portions of the County’s Existing Bonded Debt, and any appropriate action. (Briefing 02-22-05)

6. PURCHASING

* A) Approval of exemption from bidding for Sole Source purchase for Info-Cop Software Maintenance from GTBM Inc., according to the provisions of Section §262.024 (a)(7)(A) for the Local Government Code, and any appropriate action. (Briefing 02-22-05)

* B) Approval of rejection of all bids for two 6 x 6 Utility Vehicles, Bid #01-05-1656, and any appropriate action. (Briefing 02-22-05)

* C) Approval of specifications and authority to advertise for Exterior Lighting Maintenance Agreement, Bid #02-05-1662, and any appropriate action. (Briefing 02-22-05)

7. BUDGET

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

* B) Approval of Budget Amendment Request #100550 for Awards Program including the transfer of funds from Non-Departmental Regular Unappropriated Contingency for Non-Departmental in the amount of $6,830, and any appropriate action. (Briefing 02-22-05)

* C) Approval of Budget Amendment Request #100580 to increase revenues and allocate expenditures for various line items for CHOS Museum in the amount of $4,450, and any appropriate action. (Briefing 02-22-05)

* D) Approval of Budget Amendment Request #100600 for Part-Time Employee/various line items including the transfer of funds from Non-Departmental Regular Unappropriated Contingency for Veteran Services for a total of $5,626, and any appropriate action. (Briefing 02-22-05)

* E) Approval of Budget Amendment Request #100610 for Office Supplies including the transfer of funds from Vehicle Inventory Tax Interest-Unappropriated Contingency for Vehicle Inventory Tax Interest in the amount of $920, and any appropriate action. (Briefing 02-22-05)

* F) Approval of Budget Amendment Request #100620 for various line items for County-Wide Technology and Information Services in the amount of $44,172, and any appropriate action. (Briefing 02-22-05)

* G) Approval of Budget Amendment Request #100640 to reduce revenues and expenditures for Criminal District Attorney-Juvenile Child Abuse Prosecution Contract in the amount of $96,634, and any appropriate action. (Briefing 02-22-05)

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 the combining of 2 part-time DOI slots (264-JA and 267-JA) in the County Jail into 1 full-time DOI slot, and any appropriate action. (Briefing 02-22-05)
8. HUMAN RESOURCES - Continued
C) Approve the creation of new position including job description and ranking for Nutritionist II in the WIC Department, and any appropriate action. (Briefing 02-22-05)

* D) Approve changes to selected job descriptions in various departments that do not require a change in salary, and any appropriate action. (Briefing 02-22-05)

9. HEALTH

* A) Approval of an increased contract with Department of State Health Services (DSHS) for our Service Delivery Integration grant and any appropriate action. (Briefing 02-22-05)

10. PUBLIC WORKS

* A) Acceptance of the recommendation by the Engineering department to adopt the following roads which have met the requirements set out in Denton County policy for adoption: Hidden Oaks Court, Bridal Path, and any appropriate action. (Briefing 02-22-05)

B) Approval of Pubic Works Department and reassignment of duties in regards to the Director of Engineering and any appropriate action. Commissioner, Precinct #1 (Briefing 02-22-05)

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 Denton Main Street for use of the Courthouse Lawn every Saturday, 9:00 am to 1:00 pm, May thru October, for Acoustic Lawn Jam; Courthouse & Lawn, every Thursday, 5:30 pm to 8:30 pm, May thru June, for Thursday Twilight Tunes; Courthouse & Lawn, June 4, 2005, 6 am to 5:30 pm, for Dog Days of Summer Celebration; Courthouse, Conference Room, & 1896 Room Sept. 10, 2005 from 7 am to 6 pm, for Arts, Antiques & Auto Extravaganza, and any appropriate action. (Briefing 02-22-05)

D) Approve the addition of the Heroes of Denton County to be added to the list of organizations approved to receive juror pay donations, and any appropriate action. District Clerk (Briefing 02-22-05)

E) 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; Formal 2-22-05)

F) Update on Denton County Housing Finance Corporation matter relating to Capital Trust Agency and appropriate action associated therewith. Commissioner, Precinct #4

14. LEGAL

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

* B) Approval of Supplement Agreement #1 to the Contract between Denton County, Texas and Freeze and Nichols, Inc., for Environmental Services and Design for the FM 544 Capacity from State Highway 121 to Dozier Road Project for additional funding in the amount of $113,930.00 for a total contract amount of $982,616.00, and any appropriate action. (Briefing 02-22-05)
14. LEGAL - Continued
* C) Approval of Supplement Agreement #3 to the Contract between Denton County, Texas, and Paragon Project Resources, Inc., for the I 35 E/FM1171 Ramp Modification Project for additional funding in the amount of $8,700.00, for a total contract amount of $341,216.00, and any appropriate action. (Briefing 02-22-05)

* D) Approval of Supplement Agreement #1 to the Agreement between Denton County, Texas, and Halff Associates, for Engineers Services for the Lake Lewisville Corridor Project in the amount of $181,300.00, for a total contract amount of $708,300.00, and any appropriate action. (Briefing 02-22-05)

* E) Approval of Supplement Agreement #2 to the Contract between Denton County, Texas and Lopez Garcia Group for additional funding in the amount of $34,251.00 for a total contract amount of $230,375.00 for the Rosemeade Parkway project, and any appropriate action. (Briefing 02-22-05)

* F) Approval and acceptance, of the Oath of Office and Official Bonds of the County Election Administrator, and any appropriate action. (Briefing 02-22-05)

* G) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas, and the City of Roanoke, and any appropriate action. (Briefing 02-22-05)

* H) Approval of the Interlocal Cooperation Agreement forAmbulance Services between Denton County, Texas, and the City of Roanoke, and any appropriate action. (Briefing 02-22-05)

* I) Approval of JURY + Jury Management System Software Maintenance Agreement between Denton County, Texas and Jury Systems Incorporated, and any appropriate action. (Briefing 02-22-05)

* J) Approval of the Addendum to the property tax collection Interlocal agreement between Denton County, Texas and the Denton County Fresh Water Supply District, No. 8-B, and any appropriate action. (Briefing 02-22-05)

K) Approval of the Resolution to Impose Additional Penalty for Collection Costs between Denton County, Texas and McCreary, Veselka, Bragg and Allen, P.C., and any appropriate action. (Briefing 02-22-05)

L) Approval of the Supplement Agreement #3 to the Agreement between Denton County, Texas, and Dannenbaum Engineering Corporation for the IH 35 Widening Project for additional funding in the amount of $7,683.98, for a total contract amount of $605,602.47, and any appropriate action. (Briefing 02-22-05)

* M) Approval of the Donation Deed between Denton County, Texas, and Rodney Preston and Kathy Preston for the Bonnie Brae Road Project, and any appropriate action. (Briefing 02-22-05)

* N) Approval of the Donation Deed between Denton County, Texas, and Joseph Spears and Donna Spears for the Bonnie Brae Road Project, and any appropriate action. (Briefing 02-22-05)

* O) Approval of the Donation Deed between Denton County, Texas, and James Brammer and Amy Brammer for the Bonnie Brae Road Project, and any appropriate action. (Briefing 02-22-05)

P) Approval of Donation Deed between Denton County, Texas, and Richard Smutzer for the Bonnie Brae Road Project, and any appropriate action.

Q) Approval of the Donation Deed between Denton County, Texas, and Jeffrey Noell for the Blair Road Right-of-Way 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 pursuant to Section 551.071 (1)(A), Government Code; Patricia L. Hope v. Supreme Court of Texas, et al.; in the District Court of Dallas County, 160th Judicial District, Cause No. 04-3528-H.

E) Consultation with Attorney: Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; in the United States District Court for the Eastern District of Texas, Sherman Division; Case No. 4:04-CV-00441-MHS; Ron Akin v. The Honorable Robert D Simms, as the Presiding Judge of The Oklahoma Multicounty Grand Jury, Joel-Lyn McCormick, as Assistant Oklahoma Attorney General; Charles Rogers, as Assistant Oklahoma Attorney General; Weldon Lucas, as Denton County Sheriff; and Bruce Isaacks, as Denton County Criminal District Attorney.

F) Consultation with Attorney: Contemplated Litigation pursuant to Section 551.071 (1)(A), Government; EEOC Claim of Elliott Robertson.

G) 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.

H) Consultation with Attorney: Pending Litigation, Texas Government Code, Section 551.071 (1)(A); Patricia L. Hope, Plaintiff vs. Supreme Court of Texas and its Judges, individually and as individual judges, Salesmanship Club of Dallas, its Officers and its Members, individually and as a Texas Corporation and a Texas Nonprofit Organization Charter Number # 3705001; KTVT/CBS 11; DFW, its officers and in its capacity as a corporation, Tracey Rowlett individually, and in his capacity as an employee of KTVT/CBS 11; Lydia Kathryn Flatt Connell individually, and in all capacities; Judge Nathan Whit individually, and in his capacity as the Judge of 366th District Court Collin County TX, George T. Connell, Jr.; individually, and in all capacities; George T. Connell, et al. Cause #DV-04-3528-H, pending in the District Court, Dallas County, Texas 160th Judicial District.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT