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

Tuesday, November 29, 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 wild land fires due to drought conditions in Denton County. Fire Marshal/Emergency Management

B) Approval of a Resolution supporting the appointment of Beverly A. McClure to the State of Texas Guardianship Certification Board, and any appropriate action. County Judge

C) Report on the Town of Argyle, Texas by Mayor Richard Tucker. Commissioner, Precinct 4

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 award of bid for Night Vision Goggles and Helmet Mounts, Bid #10-05-1736, to ANVS, Inc., for $25,783.00 and any appropriate action.

7. BUDGET

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

* B) Approval of setting the county salary supplement for District Judges to comply with HB 11 from $9300 to $7500 per year effective December 1, 2005 and to set the salary of the Statutory County Court and Probate Court Judge’s salaries at the maximum of $132,500 and approval of Budget Amendment Request #100240 including the transfer from Non-Departmental Unappropriated Contingency Judge’s Salary Contingency for the various County Courts in the amount of $168,864, and any appropriate action. (Briefing 11-22-05)

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 adoption of a Post-Retirement Employment Policy, and any appropriate action. (Briefing 11-15 & Formal 11-22-05)

9. HEALTH

10. PUBLIC WORKS

11. COUNTY CLERK

12. SHERIFF

13. OTHER DEPARTMENTS

* A) Approval of the Building Usage Request from the American Legion Post 71 for use of the Commissioner Courtroom, Conference Room and 1896 Room on Sunday, January 22, 2006, 12:00 pm to 5:00 pm, and any appropriate action. Aide-to-the-Court (Briefing 11-22-05)

* B) Approval of a letter and resolution supporting the actions taken by the City of Denton to hold a Public Meeting regarding the TCEQ Permit No, 50163 for Safety Kleen Sysems Inc., and any appropriate action. Commissioners Precinct 1 & 4 (Briefing 11-22-05)

* C) Approval of the notice from the North Texas Tollway Authority (NTTA) that Johnson County has petitioned for admission to the NTTA, and any appropriate action. County Judge (Briefing 11-22-05)

D) Approval of the creation of a Homeland Security Funds Committee, Emergency Management Director, Purchasing Director, Budget Director, Auditor, Information Services Director, Sheriffs Office Representative, County Judge’s Office – Frank Phillips, Health Director and Civil Attorney, and any appropriate action. Fire Marshal/Emergency Management (Briefing 11-01; 08; 15; 22-05)

14. LEGAL

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

B) Consideration and action as appropriate regarding Performance Bond Claim involving Shady Shores Road Project and Sutton & Associates, L.P. and their performance bond claim.

* C) Approve Interlocal Cooperation Agreement for Communications Services with the Town of Northlake, and any appropriate action. (Briefing 11-22-05)

* D) Approval of the Contract Agreement between Denton County, Texas, and Calvert Paving Corporation for the Trietsch Road Widening Project, Bid #08-05-1721, in the amount of $134,538.10, with funding to come from Contract Labor-Bridge Construction from the Engineering Department Budget, and any appropriate action. (Briefing 11-22-05)

* E) Approval of Supplement Agreement Number 3, to the Interlocal Cooperation Agreement between Denton County, Texas and the North Texas Tollway Authority (NTTA) for the Lake Lewisville Corridor Project, in the amount of $1,650,000.00, with funding to come from TRIP-04, FM 720 Project, and any appropriate action. (Briefing 11-22-05)

* F) Approval of Lease Purchase Schedule No. 11111653 with attachments and exhibits between Denton County and Dell Marketing, L.P., and any appropriate action. (Briefing 11-22-05)

* G) Approval of Supplement Agreement #6 to the Contract between Denton County, Texas, and HNTB Corporation, for the FM 2499 Section 4 Project, in the amount of $55,000.00, to be paid from the Better, Safer Roads Program, FM 2499, Section 4, Auditor #7469, for a total contract amount of $2,515,707.00, and any appropriate action. (Briefing 11-22-05)

7.A H) Approval of 1) rescinding Court Order 05-0717 dated September 27, 2005, approving 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 2) approval of the Pipeline Crossing Agreement Folder No. 02323-72; Mile Post: 723.98, Choctaw Subdivision, Location Denton, Denton County, Texas between Denton County, Texas, and Union Pacific Railroad Company, a Delaware Corporation, and any appropriate action.

7.B I) Approval of the Contract Agreement between Denton County, Texas, and Halff Associates for Engineering Services for FM 2499 Section 5 from FM 2181 to IH 35E, for $1,073,796.00 with funding to come from Better, Safer Road Program FM 2499 Section 5 Funds Auditor Account 71-7453, Project located in Precinct 1, and any appropriate action.

7.C J) Approval of substitution of the revised Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for FM 1173 at North Hickory Creek Bridge Replacement Project, CSJ 1059-01-034, located in Precinct 4, and any appropriate action.

7.D K) Approval of the Local Project Advanced Funding Agreement (LPAFA) between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation for US 380 Project from Denton/Wise County Line to IH 35, CSJ 0134-09-057, 0134-09-058 and 0134-09-059, located in Precinct 4, and any appropriate action.

E L) Approval of the Location Release Agreement between Denton County, Texas, and Authentic Entertainment, (Producer”), 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); Cause No. 2005-60609-393, William E. Trantham v. Denton County, Texas, et al.

E) Consultation with Attorney: Pending Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss Monty Shelton v. Benny Parkey, et al.; in the United States District Court for the Eastern District of Texas, Sherman Division; Case no. 4:005cv188.

F) Consultation with Attorney: Pending Litigation; Texas Government Code, Section 551.071 (1)(A); James Paton v. Denton County and Denton County Information Services, Cause #2:05-CV-125.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT