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

Tuesday, September 27, 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) Approve any possible action on a disaster declaration for the prevention of and threat of wildland fires due to drought conditions in Denton County. Fire Marshal/Emergency Management

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.)

6. PURCHASING

* A) Approval of specifications and authority to advertise for a Communication System Analyzer, Bid #09-05-1726, and any appropriate action. (Briefing 9-20-05)

* B) Approval of selecting Halff Associates as the most qualified firm for PSE and preparation of ROW map for
FM 2499 Section 5 from FM 2181 to IH 35E, authority to negotiate a contract, and any appropriate action. (Briefing 9-20-05)

C) Approval of extension of Records Management & Imaging System, RFP #01-00-1278 with ACS, and any appropriate action.

D) Approval for the use of excess FY2003 Tax Notes for Moving Services in the amount of $8,370.00, and any appropriate action.

E) Approval of award of bid for Trietsch Road Bridge Widening Project, Bid #08-05-1721, and any appropriate action.

F) Approval of award for 450’ Communication Tower, RFP #06-05-1696, to Sabre Communication, for $358,753.00, and any appropriate action.

G) Approval of award for Preventive Maintenance Agreement for Records Management, RFP #06-05-1693, to DocuData Solutions for $25,110, as the State of Texas CISV Best Value, and any appropriate action.

H) Approval of award of Access Control-1505 E. McKinney, RFP #08-05-1720, to Henry Brothers Electronics, for $52,218.00, and any appropriate action.

I) Approval of award for Adult and Juvenile Probation, Forensic Laboratory Services, RFP #07-05-1715, to Accu-Chem Laboratories, and any appropriate action.

7. BUDGET

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

B) Approval of Budget Amendment Request #102210 for Court Appointed Attorneys including the transfer of funds from Non-Departmental Unappropriated Workers Compensation Contingency for County Criminal Court #4 for a total of $55,000, and any appropriate action. (Briefing 9-20-05)

* C) Approval of Budget Amendment Request #102220 for Training/Education for Commissioner, Precinct #4 in the amount of $1,641, and any appropriate action. (Briefing 9-20-05)

* D) Approval of Budget Amendment Request #102230 for Salary, Assistants including the transfer of $31,676 from Non-Departmental Unappropriated Regular Contingency and $50,000 from Personnel Contingency to Various County Departments for a total amendment of $81,676, and any appropriate action. (Briefing 9-20-05)

E) Approval of Budget Amendment Request #102250 for various line items for Various Sheriff’s Budget’s for a total of $63,330, and any appropriate action.

F) Approval of Budget Amendment Request #102260 for Gasoline and Prisoner Transport for County Jail in the amount of $1,613, and any appropriate action.

G) Approval of Budget Amendment Request #102270 for Fire Calls including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Fire Ambulance Services in the amount of $40,000, and any appropriate action.

H) Approval of Budget Amendment Request #102280 for Operating Equipment including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for 2004 Urban Area Initiative Grant in the amount of $93,000, and any appropriate action.

I) Approval of Budget Amendment Request #102290 for Electrical/Water Service including the transfer of funds from Non-Departmental Unappropriated Regular Contingency for Law Enforcement Facility in the amount of $43,267, and any appropriate action.

J) Approval of Emergency Budget Amendment Request #102300 for Transfer to DCEA Ins Fund for Transfer of Funds from General Fund in the amount of $750,000, 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 retiree premiums for Medicare Advantage and Senior Supplement plans for Plan Year 2006, and any appropriate action. (Briefing 9-20-05)

C) Approve sponsored dependent premiums for 2006, and any appropriate action.

9. HEALTH

10. PUBLIC WORKS

A) Approve Tuesday, October 18, 2005 at 9:10 a.m. as date and time to conduct a PUBLIC HEARING to consider an amendment to the Lake Ray Roberts Land Use Ordinance for a Special Use Permit, Lakeview Ranchettes, Lot 5, Block 4, Precinct 1, as recommended by The Lake Ray Roberts Planning and Zoning Commission and the Planning Department, and any appropriate action. Planning

B) Approve Tuesday, October 18, 2005 at 9:15 a.m. as date and time to conduct a PUBLIC HEARING to consider a Zoning Change from Agriculture (AG) to Recreational/Commercial (RC), Abstract 418, Tract 8, Precinct 1, as recommended by The Lake Ray Roberts Planning and Zoning Commission and the Public Works/Planning Department, and any appropriate action. Planning

C) Approve Tuesday, November 1, 2005 at 9:05 a.m. as date and time to conduct a PUBLIC HEARING to consider and approve a REPLAT of Heritage Lantana, Phase Two-R2, Precinct #4, and any appropriate action. Planning

11. COUNTY CLERK

* A) Approval of the Denton County Clerk accepting credit cards as payment under the authority of the contract in place with Secure Government Payment Solutions, and any appropriate action. (Briefing 9-20-05)

12. SHERIFF

13. OTHER DEPARTMENTS

A) Approve the adjustment of boundary lines for County Election Precinct 137 and creation of precinct 140, and any appropriate action. Para aprobar el ajuste de las líneas de límite para el recinto 137de la elección del condado y la creación del recinto 140. Elections (Briefing 9-20-05)

* B) Approval of the building usage request from Daughters of the American Revolution – Benjamin Lyon Chapter on Saturday, May 6, 2006, from 9:00 am to 12:00 pm for the purpose of National Defense regular meeting in Commissioners Courtroom, and any appropriate action .Aide-to-the-Court (Briefing 9-20-05)

* C) Approval of 2006 Grant Proposal from the Denton County Historical Commission to the Denton Benefit League for two legal size fire resistance file cabinets for $2,500, and any appropriate action. Denton County Historical Commission (Briefing 9-20-05)

D) Approval of re-appointment of Richard Ching to the Denton County Levee Improvement District No. 1, and any appropriate action. Commissioner, Precinct #3

E) Approval of the re-appointment of Ms. Ann French Clark to the Denton County Child Protective Services Board, and any appropriate action. County Judge

F) Approval of any action related to Hurricane Rita. County Judge

14. LEGAL

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

B) Approval of the Transportation Consultant Professional Service Contract between Denton County, Texas and Innovative Transportation Solutions, Inc. (ITS) for the 2005-2006 Fiscal Year, and any appropriate action. (Briefing 9-20-05)

* C) Approval of the Tarrant-Parker-Denton County Medical Examiner’s District Agreement for the 2005-2006 Fiscal Year, and any appropriate action. (Briefing 9-20-05)

* D) Approval of the Project to make improvements to Country Club Road as US 377 and the Interlocal Cooperation Agreement between the Town of Argyle and Denton County, Texas, for the improvements to Country Club Road at US 377, in Precinct 4, and any appropriate action. (Briefing 9-20-05)

* E) Approve the Amendment to the Interlocal Cooperation Agreement between Tarrant County, Denton County, City of Keller, City of Southlake, and Town of Westlake, for the right-of-way acquisition and improvement project for FM 1938 and FM 1709 to SH 114, and any appropriate action. (Briefing 9-20-05)

* F) Approval and acceptance of the Official Bonds of the following Ex-Officio Road Commissioners in accordance with the Texas Local Government Code §88.001 and Transportation Code §252.004:
1) Cynthia White, Precinct 1
2) Sandy Jacobs, Precinct 2
3) Bobbie J. Mitchell, Precinct 3
4. Jim Carter, Precinct 4

G) Approval of the Lease Agreement between Denton County and P & F Properties for the lease of approximately 4,602 square feet of space at 3612 E. McKinney (Additional CPS space), and any appropriate action. (Formal 9-20-05)

H) Approve Interlocal Cooperation Agreement between the City of Lewisville, The DENCO 911 District and the County of Denton for Sharing Costs of Constructing and Maintaining a Self-Supporting Communications Tower and Approve a change in use for allocations of 1999 tax note funds for this purpose, and any appropriate action.

I) Approval of the Agreement to review the Agreement for Alternative Dispute Resolution Services between Denton County, Texas and Denton County Alternative Dispute Resolution Program (DCAP), and any appropriate action.

J) Approval of the Assignment of the Tax Abatement Agreement between Denton County, Texas, and Vantage Development #21, Inc., (“Assignor”) and 21st Century Insurance Company (“Assignee”) located in Precinct 3, and any appropriate action.

K) Approval of the selection of Tuesday as the date of the week for the Denton County Commissioners Court to meet in regular session for the fiscal year 2005-2006, pursuant to the Texas Local Government Code, Section 81.005(a), and any appropriate action.

L) Approval of the Assignment of the Tax Abatement Agreement between Denton County, Texas and Alliance Gateway No. 61, LTD., a Texas limited partnership (“Assignor”) and Alliance No. 1 Building Partners, L.P., a Texas limited liability company (Assignee”) and the Estoppel Letter related to same, located in Precinct 1, and any appropriate action.

M) Approval of Change Order #1 to the Contract between Denton County, Texas, and JRJ Paving LP, for the Wynnwood Haven Road Rehabilitation Project, Bid No. 07-05-1707, in the amount of $28,751.70, for a total contract amount of $387,213.20, and any appropriate action.

N) Approval of the Pipeline Crossing Agreement between Denton County, Texas, and Union Pacific Railroad Company, a Delaware Corporation, for Mile Post 723.98 Choctaw Subdivision, Denton County, Texas, and any appropriate action.

O) Approval of setting a date and time to conduct a Public Hearing to consider the closure of Collins Road from 50 feet South of the Rail Road Crossing to North of the Railroad Crossing at the Intersection of Collins and Mingo Road, said pubic hearing to be held on October 18, 2005, at 9:10 am in Commissioners Court, and any appropriate action.

P) Approval of the Compromise Settlement Agreement and Mutual Release of all Claims in the pending litigation between Denton County, Texas, v. Resort Realty, Cause # ED-2001-00649, pending in the Probate Court of Denton County, Texas, and Resort Realty v. City of Lake Dallas and Denton County, Cause #4:02-CV-00148, pending in the United States District Court of the Eastern District of Texas Sherman Division, 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); Denton County v. Resort Realty Company; Cause No. ED-2001-00649, pending in the Probate Court of Denton County, Texas.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT