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

Tuesday, December 14, 2004, 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 by the Denton County Office of the Texas Cooperative Extension of their annual report to the Commissioners Court, and any appropriate action.

B) Discussion regarding fiber optic cable network to connect governmental facilities and approval of possible Interlocal Agreement with the Denton Independent School District, and any appropriate action. Information Services (Briefing 12-07-04)

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

7. BUDGET

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

B) Approval of Budget Amendment Request #100310 for Repairs and Maintenance including the transfer of funds from District Clerk Records Management for Denton County Courts Building in the amount of $3,261, and any appropriate action.

* C) Approval of Budget Amendment Request #100320 for Contract Labor for Bioterrorism Preparedness Grant in the amount of $10,447, and any appropriate action.

* D) Approval of Budget Amendment Request #100330 for Computer Supplies for Criminal District Attorney-Civil Division in the amount of $1,862, 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.)

9. HEALTH

* A) Approval of a contract with DSHS for HIV Prevention services and any appropriate action. (Briefing 12-07-04)

10. PUBLIC WORKS

11. COUNTY CLERK

12. SHERIFF

13. OTHER DEPARTMENTS

A) Acceptance of Ex-Officio Commissioner Road & Bridge Summary Report for Precinct 2, and any appropriate action. Commissioner, Precinct #2

B) Approve the re-appointment of Pamela Head to the Denton County Social Services Organization Committee, and any appropriate action. Commissioner, Precinct #2

C) Approval of Resolution in support of Recorded Texas Legislative Vote Reform, and any appropriate action. Commissioner, Precinct #2

D) Approval of appointments to the Citizens Storm Water Review Committee, and any appropriate action. Commissioners Court

E) Approve re-appointment of Richard McMullen to the Denton County Environmental Task Force, and any appropriate action. Commissioner, Precinct #2

14. LEGAL

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

B) Approval of any appropriate action related to the Second Amended and Restated Joint Interlocal Cooperation Agreement for Peace Officer and Patrol Services between Denton County and the following:
Denton County Fresh Water Supply District No. 8-A
Denton County Fresh Water Supply District No. 8-B
Denton County Fresh Water Supply District No. 8-C
Denton County Fresh Water Supply District No. 9
Denton County Fresh Water Supply District No. 10
Denton County Fresh Water Supply District No. 11-A and
Denton County Fresh Water Supply District No. 11-B (Briefing 12-07-04)

* C) Approval of the Planned Maintenance Agreement between Denton County and Waukesha-Pearce Industries, Inc., for prevention maintenance of Emergency Generators, and any appropriate action. (Briefing 12-07-04)

* D) Approval of the Interlocal Cooperation Agreement for Ambulance Services between Denton County, Texas and (1) The Town of Flower Mound and (2) the City of Little Elm, and any appropriate action. (Briefing 12-07-04)

* E) Approval of the Interlocal Cooperation Agreement for Library Services between Denton County and (a) the Denton Public Library; (b) the City of Justin; (c) the City of Lewisville, and any appropriate action. (Briefing 12-07-04)

* F) Approval of the Interlocal Cooperation Agreement for Fire Protection between Denton County, Texas and the Town of Flower Mound, and any appropriate action. (Briefing 12-07-04)

G) Approval of the new Deed without Warranty between Denton County, Texas, and Marlene Hazlewood, signed November 29, 2004, for the Rector Road Bridge Replacement right-of-way acquisition 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.

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: 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.

F) Consultation with Attorney: Contemplated Litigation; Texas Government Code, Section 551.071 (1)(A); Edward Wolski v. Denton County, City of Sanger Industrial Development Corporation and Wal-Mart Stores, Inc., Cause # RT-2004-343, pending in the Probate Court of Denton County, Texas.

G) Deliberations about Real Property; Texas Government Code, Section 551.072; Disposition of certain property in the area of the City of The Colony.

H) Consultation with Attorney: Potential Litigation pursuant to Section 551.071 (1)(A), Government Code; Discuss potential claim regarding fixtures at Pretrial Detention Center.

I) Consultation with Attorney: Texas Government Code, Section 551.071 (2); Denton County, Texas, v. Scott T. Schambacher, individually and in all capacities as an agent or representative for Avondale Ranch, L.T.D., Sterling Classic Custom Homes, Buck Development Service, L.L.C., S.C.C. Homes, L.T.D., S.T.S. Contracting Services, L.L.C., and S.T.S. Construction, Inc.

J) Personnel Matters, Texas Government Code, Section 551.074 (a)(1): Deliberations concerning the evaluation, reassignment, duties, discipline and/or dismissal of the Denton County Economic Development Director.

K) Consultation with Attorney: Anticipated Litigation; Texas Government Code, Section 551.071 (1)(A); EEOC Claim of Retha Modester.

16. ADDENDA

17. RECESS

18. RECONVENE IF NECESSARY

19. ADJOURNMENT