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GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call Court To Order: 2. Declare A Quorum Present: 3. Declare Legal Notices Posted And Court Duly Called: 4. Motion To Open Court: 5. Bailiff To Open Court: 6. Invocation: Rev. Oscar Epps Community Missionary Baptist Church DeSoto, Texas

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Page 1: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

GENDA

Commissioners Court

Dallas County, Texas

Tuesday, December 11, 2001

9:00 A.M.

1. Call Court To Order:

2. Declare A Quorum Present:

3. Declare Legal Notices Posted And CourtDuly Called:

4. Motion To Open Court:

5. Bailiff To Open Court:

6. Invocation:

Rev. Oscar EppsCommunity Missionary Baptist ChurchDeSoto, Texas

Page 2: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

7. RESOLUTIONS:

8. CONSENT AGENDA:

A. APPROVE COMMISSIONERS COURT REGISTER OF APPROVED CHECKS,AUTHORIZED CLAIMS CERTIFICATION, MINUTES OF REQUISITIONS, ANDPAYROLL REGISTERS FOR THE PERIOD OF DECEMBER 4-11,2001:

B. OPEN BIDS/RFP'S:

THE FOLLOWING BIDS/RFP'S TO BE OPENED DECEMBER 17, 2001 :

RFP No. 2002-011-1007

Bid No. 2002-042-1051

Bid No. 2002-044-1053

Bid No. 2002-047-1062

Bid No. 2002-053-1068

Bid No. 2002-054-1069

Request for Proposals for InformationTechnology Outsourcing Services for DallasCounty [MIS].

Annual Contract for Traffic Paint [PublicWorks]. (CONTRACT DATA PROVIDEDNOVEMBER 20, 2001)

Purchase of a Rubber Tire Asphalt Paver [R&BDistrict #4].

Purchase of Quantitative Transmitted LightPolarizing Microscope [Crime Lab].

Home Repairs at 103 Ramsey, Cedar Hill,Texas [Housing Rehab.].

Home Repairs at 115 Halifax, Cedar Hill,Texas [Housing Rehab.].

C. APPROVAL OF THE INVESTMENT OF DALLAS COUNTY FUNDS:

D. COURT AGENDA:

To approve filing of Commissioners Court Agenda, dated December 11,2001.

E. FIVE SIGNATURE DOCUMENTS: (FOR FILING ONLY)

*Minister's Letter of Appreciation

Page 3: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

8. CONSENT AGENDA: (Cont'd.)

F. TRANSFER OF FUNDS:

G. APPROVAL OF PLACEMENT OR SUBSTITUTION OF COLLATERAL FOR DALLASCOUNTY FUNDS:

H. TRAVEL REQUESTS:

I. PERSONNEL ACTIONS:

Employee Replacements and Salary Adjustments.

9. AWARD BIDS/RFP'S:

Bid No. 2002-004-999 Annual Contract for Food Service Utensils and RelatedSupplies [Sheriff & Youth Village], awarded to: CalicoIndustries, Inc.; The Jones Zylon Company; PascoBrokerage, Inc.; and Plastcon, Inc. (CONTRACT DATAPROVIDED OCTOBER 2, 2001)

Bid No. 2002-045-1054 Home Repairs at 2559 Wasina, Farmers Branch, Texas[Housing Rehab.], awarded to: Lee's ConstructionCompany.

10. COURT ORDER:

To approve order authorizing Jay Tweed to be paid $1,123.44 as settlement bythe County of Dallas, Texas for property damages on or about September 7,2001.

11. COURT ORDER:

To approve order stating that fourteen (14) listed financial brokers and/or banksare deemed to be in compliance with State Statutes and the Dallas CountyInvestment Policy, thus allowing them to be officially approved and authorizedbrokers for Dallas County for 2002.

Page 4: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

12. COURT ORDER:

To approve order authorizing the County Judge to sign contracts with RaymondJames and Associates, Inc. and SWS Securities, Inc. to be added to the officialDallas County Brokerage List to do business with Dallas County consistent withthe signed contract and the Dallas County Investment Policy, effective January1,2002.

13. COURT ORDER:

To approve order reappointing Barbara Steele as a member of the Dallas CountyHistorical Commission to serve a term expiring January 31, 2003.

14. COURT ORDER:

To approve order reappointing Bob Harris as a member of the Dallas CountyHistorical Commission to serve a term expiring January 31, 2002.

15. COURT ORDER:

To approve order approving the Discipline/Disciplinary Action policy, andauthorizing its inclusion in Article VII, Section 86-971-972 of the Dallas CountyCode.

16. COURT ORDER:

To approve order authorizing, on behalf of Dallas County and the Dallas CountyHospital District, the adoption of Amendment No.1 to the March 20, 2001 TaxAbatement Agreement between the Atmel Corporation and the County for thepurpose of revising the Agreement's job generation schedule, and authorizing theCounty Judge to sign said Amendment No.1.

17. COURT ORDER:

To approve order revising, on behalf of Dallas County and the Dallas CountyHospital District, the tax abatement authorized by Court Order No. 99-2456(12/21/99) for the Goodyear/Goodrich Buildings by changing the date by whicha comparable tax abatement from the City of Dallas has to be obtained from July1, 2000 to November 1, 2000.

Page 5: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

18. COURT ORDER:

To approve order authorizing the housing rehabilitation contract (Bid No. 2001­170-941) at 218 North Roberts Road in Cedar Hill with Add-On Construction tobe extended by two (2) weeks or until November 24, 2001, due to an unforseenproblem with a gas line (non-code compliant) located in the back patio of thehouse.

19. COURT ORDER:

To approve order approving submission of the District Attorney's grant applicationto the Office of the Governor, Criminal Justice Division (CJD), for the DallasCounty Environmental Prosecutor & Law Enforcement Training project, andauthorizing the County Judge to sign all related documents.

20. COURT ORDER:

To approve order accepting a grant award in the amount of $46,152 fundedthrough the U.S. Department of Justice Fiscal Year 1999 Domestic PreparednessEquipment Program and coordinated by the Texas Engineering Extension Service(TEEX)for the one-time purchase of special equipment to enhance Dallas County'sfirst response capabilities, and authorizing the County Judge to sign all relateddocuments.

21. COURT ORDER:

To approve order approving the posting of FY 2002 welfare rental assistanceexpenditures up to $300,000 to the Housing Refund Bonds in Fund 570.

22. COURT ORDER:

To approve order authorizing early voting election judges to be paid an hourly rateof $9.62 for the City of Dallas and the Dallas Independent School District JointElection to be held on January 19, 2002.

23. COURT ORDER:

To approve order approving a contract in the amount of $15,000.00 with MichaelDeMayo to provide consultant services to Dallas County Health and HumanServices/Ryan White Planning Council (DCHHS/RWPC) to assess and evaluatecurrent substance abuse services, and authorizing the County Judge to sign thecontract on behalf of Dallas County.

Page 6: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

24. COURT ORDER:

To approve order approving the FY 2002 State of Texas Housing Opportunitiesfor Persons with AIDS (HOPWA) grant application to the Texas Department ofHealth.

25. COURT ORDER:

To approve order approving the HOME Grant Interlocal Agreement with the Cityof Dallas in the amount of $300,000 ($75,OO for administrative costs and$225,000 for rental assistance) for the period from November 1, 2001 throughOctober 31, 2002, and authorizing the County Judge to sign the contractdocuments on behalf of Dallas County.

26. COURT ORDER:

To approve order approving a contract with KTXA TV, a/k/a UPN21, for a mediacampaign for the period from December 4, 2001 through December 31, 2001,to promote syphilis elimination, and authorizing the County Judge to sign thecontract on behalf of Dallas County.

27. COURT ORDER:

To approve order authorizing the Juvenile Department to apply to the State ofTexas, Office of the Governor, Criminal Justice Division (CJD), for funding fromthe Safe and Drug Free Schools Act for the JJAEP Truancy Program, andauthorizing the County Judge and County Auditor to sign the applicationdocuments on behalf of Dallas County.

28. COURT ORDER:

To approve order approving the Juvenile Department's grant application to theOffice of the Governor, Criminal Justice Division (CJD), for Criminal JusticePlanning funding for the implementation and operation of a Juvenile Mental HealthCourt Program to be located at the Henry Wade Juvenile Justice Center, andauthorizing the County Judge and County Auditor to sign the application andrelated documents on behalf of Dallas County.

Page 7: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

29. COURT ORDER:

To approve order extending current contract (RFP No. 2001-015-691 - TravelManagement Services) with Canyon Creek Travel, based on a not-to-exceed dateof January 31 , 2002, to allow ample time to receive, evaluate and brief the Courtappropriately.

30. COURT ORDER:

To approve order authorizing the cancellation of Bid No. 2002-022-1023(Purchase of a Prisoner Bus), due to the lack of competitive responses received(no bids received), and authorizing the Purchasing Department to re-solicitimmediately.

31. COURT ORDER:

To approve order authorizing the cancellation of Bid No. 2002-046-1055 (HomeRepairs at 335 Hickerson, Cedar Hill, Texas), due to the fact this home exceededthe County's maximum grant amount of $40,000.00.

32. COURT ORDER:

To approve order authorizing the utilization of the National Contract for OfficeFurniture through the U.S. Communities Government Purchasing Alliance solicitedby Fairfax County, Virginia (ROO 1-411313-1 6A-E) and authorizing the CountyJudge to execute the Participation Certificates with Haworth, Inc., Herman Miller,Inc., Knoll, Inc., and Steelcase, Inc. for the period from January 1, 2002 throughJanuary 16, 2004 (with three [3] one-year renewable options).

33. COURT ORDER:

To approve order authorizing two (2) parking passes to be issued to the CountyCriminal Courts Manager for use by County Criminal Court Visiting Senior Judgesto provide access to the Frank Crowley secured underground parking garage.

34. COURT ORDER:

To approve order authorizing the County Judge to execute the Local ProjectAdvance Funding Agreement (LPAFA) with the State of Texas - TexasDepartment of Transportation - committing to use $3M in FY 2004 and $2M inFY 2005 for the Mountain Creek Parkway Major Impact Project of which$263,800 shall be encumbered from Fund 196, FY 2001, Code 08010, Project08201 as soon as possible for preliminary engineering and contingencies.

Page 8: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

35. COURT ORDER:

To approve order authorizing the City of Dallas, as Trustee, to solicit sealed bidsfor designated tax foreclosure properties and consenting to the sale of theseproperties to the highest bidder.

36. CALL BRIEFING SESSION:

See Briefing Agenda.

37. CALL EXECUTIVE SESSION:

For purposes permitted by Chapter 551, Open Meetings, Texas GovernmentCode, Sections 551.071,551.072,551.073, 551.074, 551.075 and 551.076.

Subjects: *Contracts* Appointments

-Board/Committee Vacancies (Members/Officers)-Sheriff's Civil Service Commission-Dallas Area NorthSTAR Authority-Dallas County Veterans Land Board

* Property-JP 1-1 Locations-Conference of Urban Counties Office Space

*Security-Review of Building Security Operations-Plan for Emergency Procedures in County Buildings-Emergency Response Plans

*Personnel-Evaluation of Goals, Performance, Duties and

Responsibilities of Department Heads_ Fire Marshal_ Institute of Forensic Sciences Director_ Commissioners Court Administrator_ Health & Human Services Director_ Veterans Services Officer_ Public Works Director_ Personnel/Civil Service Director_ Public Defender_ Budget Officer_ Elections Administrator_ Purchasing Director

* Miscellaneous-County Health Insurance Subrogation

Page 9: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

37. CALL EXECUTIVE SESSION: (Cont'd.)

Subjects: *Claims-Hazel Coleman-Elva Kathryn Copley-JoAnn Rubio

* Litigation-A.J.'s Wrecker Service of Dallas, Inc. v. The

Honorable Diana Orozco; cc-99-03520-e &05-99-01948-CV

-Hector Amaya and Luetricia Gaston v. North TexasEnterprises, et al.; DV99-03111-C

-Oscar Jerome Barrett v. John D. Kocher, et al.;3:01-CV-0155-X

-Barbara Bell, et aI., Individually and asRepresentatives of the Estate of Sheila AnnBlackwell Bateman, deceased; 00-06968-M

-Peggy Bettenhausen & Sheila Dugger v. DallasCounty; 95-05011-J - and - Dallas County v.Peggy Bettenhausen & Sheila Dugger;05-98-01956-CV

-Mona Birdwell and Valerie Tartaglino v. Sheriff JimBowles, Dallas County, Texas and David Stromile;3:99-CV-0446-G

-C. Mark Blankenship, et al. v. County of Dallas;05-98-1630-CV

-A. E. Brewster, et al. v. City of Dallas;DV98-08100-M

-Dwight Brock (Class Action) v. Merrill Lynch & Co.,Inc., et al.; 98-498-CIV-FTM-265

-Buster v. Commissioners Court; DVOO-04531-H-Jaavier Carr v. Officer A. East; 3:00-CV-1583-L-Justice of the Peace Wilma Cawthon - Writ of

Mandamus; JT 00-52255-In Dae Chang v. KYNA Corporation - Request for

Written Explanation; 98-4512-B-City of Dallas v. Baptist Foundation of Texas,

a Texas Corporation, et al.; cc-00-08596-b-Dwaine Morris Crain and Dallas County v. Whitlock

Appeal; 05-98-00229-CV-Dallas County v. Sandra Marian Halsey;

99-09032-C /05-00-1518-CV-Dallas County v. Charles Rose/Judicial Conduct

Commission; 01-1541-K-Dallas County v. Gary Vodicka; JCOO-00222-L-Dallas County Civil Service Commission v. Betty Jean

Warren; DV99-06839-K /04-99-00750-CV

Page 10: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

37. CALL EXECUTIVE SESSION: (Cont'd.)

Subjects: *Litigation (Cont'd.)-Dallas County, Texas v. Jeffrey Ernest Eldredge

and Mark Dennis Eldredge, et al.; cc-00-11942-e-Dallas County, Texas v. Rick Shing-Chang Hsieh

and wife, Jean Ching Hsieh, et al. cc-00-11282-e-Dallas County, Texas v. Barbara Ann Kipness,

Trustee of the Barbara Ann Kipness Inter VivosTrust; cc-00-11956-c

-Dallas County, Texas v. Frederick Reid Lynch, et al.;cc-00-11 957-d

-Dallas County, Texas v. Victor Pavlu; 97-08168-F-Tommy Davenport v. County of Dallas, Texas, et al.;

01-7290-F-Makia Epie v. J. Allen Clemson, Commissioners

Court Administrator; JC-00-02581-B-Ex Parte - City of Dallas; 01-6364-Charles A. Fagan v. Dallas County Sheriff's

Department, et al.; 3:99-CV-1052-M-Andrew Freundlich, et al. v. Southwestern Bell

Wireless, Inc.; 94-3830-Stanley Gaines, Jim Gilliand and Sonia Avina v.

County of Dallas, Texas; 01-04784-D-Galindo v. Bowles, et al.; 01-1206-ML-B-Thomas A. Gilley v. Dallas County Sheriff's

Department and Sheriff of Dallas County;DVOO-00824-E

-Armando H. Gonzales v. Aurelio Castillo, ConnieKirby and Dallas County; 3:98-CV-1015-T

-Armando H. Gonzales v. Dallas County, Texas andMike Dupree; 01-02585-D

-Kenneth W. Goodson v. Dallas County, Texas;DV01-04287-A

-Albert L. Hamilton and Braulio Lugo, Ind. and asRepresentatives of a Class of Similarly SituatedPersons v. Dallas Central Appraisal District,Dallas County Appraisal Review Board and FoyMitchell, in his capacity as Chief Appraiser;3:98-CV-2553-L /05-99-01401-CV

-Jurline Hollins v. Dallas Police Chief Terrell Bolton,Dallas County Commissioner John W. Price,Dallas County District Attorney Bill Hill, et al.;01-04498-H

-Glen Holmes v. Dallas County; 97-10465-C-Brent Lawson v. Dallas County, et al.;

3:95-CV-2614-R

Page 11: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

37. CALL EXECUTIVE SESSION: (Cont'd.)

Subjects: *Litigation (Cont'd.)-Aquilla Mathews v. Dallas County, Dallas County

Commissioners Court, and Lew Sterrett JusticeCenter; DV98-03911-D

-Novin Matin, et al. v. Dallas County and SheriffJim Bowles, et al.; cc-01-01545-c

-Betty Sue McDonald v. Dallas County, Texas;05-98-01500-CV

-Audrie McHenry, et al. v. County of Dallas, et al.;TX99-40930-FF

-Roy Mers v. National Knowledge Networks, Inc.and Verio-Texas, Inc. v. Connecten, L.L.C.;DV98-1950-B

-Gail L. Moore v. Earl Bullock, Dallas County Clerk;10-99-298-CV

-Laversia Murray v. Dallas County; DVOO-03991-1-Curtis Ohme v. Dallas County, Texas and Jim Bowles;

96-04122-E-Kevin P. Oliver and wife, Margaret Oliver v. Gene

Devoll, individually and as assignee and successorin interest of Universal Lumber, Inc., and JimBowles, Sheriff of Dallas County, Texas;2000-002960-3

-On the House Syndication, et al. v. FederalExpress; 99-CV-1336-B (JFS)

-Parkland Hospital v. Earl Bullock; 00-10152-c-Raymond Wayne Phillips, James Bauer (Walter

Kowalski) v. Dallas County and the Dallas CountyClerk, et al.; DV98-07561-H

-Terrance J. Pitts, et al. v. Dallas County Bail BondBoard; 96-12507-F & 05-98-1916-CV /07-99-0222-CV

-Jodie Poston v. County of Dallas; DV99-02714-F-Walter Price v. G. Lukasheay; 99-01413-K-Thomas William Reilly v. Dallas County Sheriff's

Department, et al.; 3:00-CV-0546-BC(D)-State of Texas v. The American Tobacco Company;

5:96-CV-0091-Cleophas R. Steele, Jr., Thomas Jones and Charles

R. Rose v. Lee Jackson, Dallas County Judge,et al.; 3:01-CV-1771-H

-Stephanie Ann Stern v. Dallas County; F-0020127-H . Averil Sweitzer, et al. v. Dallas County and

Dallas County District Clerk; 90-09914-A-Ross Teter v. Dallas County; 05-98-1502-CV

Page 12: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

37. CALL EXECUTIVE SESSION: (Cont/d.)

Subjects: *Litigation (Cont/d.)-Travis County, Texas v. Pelzel & Associates, Inc.;

03-99-00862-CV-Lamar Walton v. Dallas County and Derrick Evans;

01-10451-Edna and Kazell Ward v. Daron Branch and Dallas

County; 99-10238-B-Charles Ray Williams, Rachelle Ann Shivers and

James Ronald Clipp, Individually and asRepresentatives of All Persons Similarly Situatedv. Dallas County, Texas and Honorable JimBowles, Sheriff of Dallas County, Texas;00-5694-L

-Joe Nelson Williams v. Dallas County DistrictClerk, Dallas County Sheriff's Department, et al.;DVOO-06082-C

-Williamson v. Middleton and County of Dallas;cc-08514-A

-Dennis Worthy v. Guy Farley and Dallas CountySheriff's Department; JCOO-00120-B

*Potential Litigation-Sonya Nicholson v. TWCC and Dallas County

* Legal Matters-Consultation with Legal Counsel:

_ NYLCare_ County Liability for South Dallas Health Access_ Liability for F. W. Empowerment_ Justice of the Peace, Precinct 8, Place 1_ Justice of the Peace, Precinct 8, Place 2_ Implementation of Senate Bill 1778_ Selection of Outside Counsel for RFP ­

Information Technology_ Legal Briefing and Update on Case Law

Relating to Minority Business WomanEnterprise Policies and Programs

_ Redistricting_ Legal Opinions:

.. Authority of a Commissioners Court toApprove an Administrative JudicialRegion's Budget

.. Authority of Dallas County Juvenile Board_ Evaluation of Attorney General Opinion JC-34_ Convergent Communications

Page 13: GENDA Dallas County, Texas Tuesday, December 11, 2001 · 11/12/2001  · GENDA Commissioners Court Dallas County, Texas Tuesday, December 11, 2001 9:00 A.M. 1. Call CourtTo Order:

Commissioners Court Agenda - Tuesday, December 11, 2001

38. RECESS:

39. RECONVENE IF REQUIRED:

Earl Bullock, County Clerk