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

Tuesday, December 13, 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.

TIMED AGENDA ITEMS

4. A) 9:05 A.M.
4. B) 9:10 A.M.
4. C) 9:15 A.M.

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. Emergency Services

B) Presentation by the Texas Cooperative Extension regarding their annual report to Commissioners Court, and any appropriate action. County Judge

C) Report on the City of Denton, Texas by Mayor Euline Brock. Commissioner, Precinct #4

D) Presentation of Regional Transportation Issues in Denton County by North Texas Tollway Authority representative, and any appropriate action. Commissioner, Precinct #1

E) Presentation by Highland Village Mayor and City Manager. Commission, Precinct #3.

4. PUBLIC HEARINGS

9:05 am A) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning changed from Agricultural (AG) to Recreational Service & Commercial District (R/C) for Abstract 0792, Tract 43, Precinct 1, as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning

9:10 am B) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning changed from Agricultural (AG) to Recreational Medium Density (R-2) for Abstract 0029, Tract 46, Precinct 1 as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning

9:15 am C) Approval of an amendment to the Lake Ray Roberts Land Use ordinance for a zoning changed from Agricultural (AG) to Recreational Medium Density (R-2) for Abstract 0790, Tracts 27-28, Precinct 1 as recommended by the Lake Ray Roberts Planning and Zoning Commission, and any appropriate action. Planning

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 ATV’s, Personal Water Crafts and Trailer, Bid #10-05-1733, to Cycle Center of Denton for $24,552, and any appropriate action. (Briefing 12-06-05)

* B) Approval to declare miscellaneous vehicles as surplus, to place items in On-line Auction #11-05-1738 to be held in December 2005, advertise and any appropriate action. (Briefing 12-06-05)

C) Approval of award of Records Management & Imaging System, RFP #04-05-1679, to Affiliated Computer Services, Inc., Option 2, and any appropriate action.

7. BUDGET

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

* B) Approval of Budget Amendment Request #100270 for Computers and Computer Software including the transfer of $6,427 from Vehicle Inventory Tax Fund Unappropriated Contingency for Vehicle Inventory Tax Fund and County-Wide Technology for a total amendment of $9,577, and any appropriate action. (Briefing 12-06-05)

* C) Approval of Budget Amendment Request #100280 for Miscellaneous Building Maintenance including the transfer of funds from Courthouse Security-Unappropriated Contingency for Courthouse Security in the amount of $5,000, and any appropriate action. (Briefing 12-06-05)

D) Approval of Budget Amendment Request #100290 for Cars/Small Trucks and Operating Supplies for Constable, Precinct #2 in the amount of $27,000, 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 exempting the self-funded portion of the Denton County Public Employee Benefits Cooperative Plan (PEBC EPO Medical Plan, PEBC PPO Medical Plan, and the PEBC PPO Dental Plan) from the requirements of title XXVII of the Public Health Service Act (PHS Act), and any appropriate action. (Briefing 11-29-05)

C) Approve a 2006 adjustment to the Annual Election Limit for Dependent Care Spending Accounts for Highly Compensated Employees, and any appropriate action.

9. HEALTH

10. PUBLIC WORKS

11. COUNTY CLERK

12. SHERIFF

13. OTHER DEPARTMENTS

A) Approval of casting Denton County’s 568 votes for the Denton Central Appraisal District (DCAD) Board of Directors, and any appropriate action. County Judge Formal 11-22-05)

Both Agns. 6.C B) Approval of a Resolution solely for purposes of satisfying Section 147 (f) of the Code, and for no other purpose, at the request of Atlantic Housing Foundation relating to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) approval associated with certain multifamily housing projects located in Denton County, and any appropriate action. Commissioner, Precinct #4

C) Acceptance of the Ex Officio Commissioner Road Report for Precinct 1 for fiscal year 2005, and any appropriate action. Commissioner, Precinct #1

14. LEGAL

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

* B) Approval of the Contract Agreement between Denton County, Texas, and Mario Sinacola & Sons Excavating, Bid #09-05-1722, in the amount of $5,217,613.38, for the Lebanon Road Improvement Project, and any appropriate action. (Briefing 12-06-05)

* C) Approval of the Agreement to Contribute Funds, between Denton County, Texas, and the State of Texas, acting through the Texas Department of Transportation (TxDOT) for Right-of-Way (ROW) on the IH 35 E (Ultimate) Right-of0Way Project, CSJ No. 0195-03-050 and the Resolution for the IH 35 E (Ultimate) Right-of-Way Project from President George Bush Turnpike to U.S. 380, CSJ 0195-03-050, located in Precinct 1, 2, 3, and 4, and any appropriate action. (Briefing 12-06-05)

* D) Approval of the Interlocal Cooperation Agreement between Denton County, Texas, and the Town of Copper Canyon for implementation of Texas Local Government Code, §242.001, relative to the Town’s ETJ, located in Precinct 4, and any appropriate action. (Briefing 12-06-05)

E) Approval of Chapter 381 Tax Rebate Agreement between Denton County, Texas, and Stryker Corporation, a California Corporation which desires to lease property owned by Granite Properties, Inc., located in Flower Mound Texas, Precinct 3, and any appropriate action.

F) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) the Town of Flower Mound and (2) the Town of Trophy Club, and any appropriate action.

G) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (1) the Flower Mound Public Library and (2) the City of Lewisville, and any appropriate action.

H) Approval of the Interlocal Cooperation Agreement for Juvenile Post-Adjudication Facility between Denton County and Parker County, and any appropriate action.

I) Approval of the Interlocal Cooperation Agreement for Juvenile Pre-Adjudication Facility between Denton
County and Parker County, and any appropriate action.

J) Approval of the Interlocal Cooperation Agreement for Fire Protection Services between Denton County, Texas and (1) the City of Oak Point and (2) the Town of Trophy Club, 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: Possible settlement; Texas Government Code, Section 551.071 (a)(2); PEBC – Denton County, Texas.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT