genda dallas county, texas tuesday, october31, 2000 · 12. court order: to approve order...

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GENDA Commissioners Court Dallas County, Texas Tuesday, October 31, 2000 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: Dr. D. G. Edwards Saint Luke Christian Center Duncanville, Texas

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Page 1: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

GENDA

Commissioners Court

Dallas County, Texas

Tuesday, October 31, 2000

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:

Dr. D. G. EdwardsSaint Luke Christian CenterDuncanville, Texas

Page 2: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

7. RESOLUTIONS:

A. Dr. Ronnie H. Yarber(Presented by Commissioner Mike Cantrell)

8. CONSENT AGENDA:

A. APPROVE OFFICIAL COURT MINUTES OF OCTOBER 17,2000:

B. APPROVE COMMISSIONERS COURT REGISTER OF APPROVED CHECKS,AUTHORIZED CLAIMS CERTIFICATION, MINUTES OF REQUISITIONS, ANDPAYROLL REGISTERS FOR THE PERIOD OF OCTOBER 24-31,2000:

C. OPEN BIDS/RFP'S:

THE FOLLOWING BIDS/RFP'S TO BE OPENED NOVEMBER 6, 2000:

RFP No. 2001-012-689

RFP No. 2001-013-690

Bid No. 2001-017-696

Bid No. 2001-019-698

Bid No. 2001-023-705

Request for Proposals for Audio/VisualRecording and System Amplification for theDallas County Commissioners Courtroom.

Request for Proposals for Tax DepartmentInteractive Voice Response (lVR) System.

Purchase of Two (2) Tandem Haul Trucks,One (1) Fuel Truck, and One (1) AsphaltDistributor Truck.

Purchase of a Tandem Motor Grader andWheel Loader.

Annual Contract for Electric Lamps.(CONTRACT DATA PROVIDED OCTOBER 24,2000)

D. APPROVAL OF THE INVESTMENT OF DALLAS COUNTY FUNDS:

E. RIGHTS OF WAY:

Summary Agreements and Contracts.

Page 3: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

8. CONSENT AGENDA: (Cont'd.)

F. COURT AGENDA:

To approve filing of Commissioners Court Agenda, dated October 31, 2000.

G. FIVE SIGNATURE DOCUMENTS: (FOR FILING ONLY)

*Minister's Letter of Appreciation* Letter to Ms. Daisy A. Stiner, Executive Director

Texas Department of Housing and Community Affairs (TDHCA)* Letter to Mary Kay, Inc.

re: Donated Property

H. TRANSFER OF FUNDS:

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

J. TRAVEL REQUESTS:

K. PERSONNEL ACTIONS:

Employee Replacements and Salary Adjustments.

9. AWARD BIDS/RFP'S:

Bid No. 2001-006-681 Purchase of In-Car Camera Systems, awarded to:International Police Technologies, Inc.

Bid No. 2001-011-688 Purchase of Police Vehicles, awarded to: Village Ford;Lee Jarmon Ford; and Philpott Ford.

10. COURT ORDER:

To approve order authorizing the County Treasurer to transfer funds and/or issuedescribed Dallas County checks or authorized Payroll Direct Deposits for theperiod of November 1-30, 2000.

Page 4: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

11 . COURT ORDER:

To approve order to approve and accept the Monthly Report of the CountyTreasurer for the month of September, 2000 and the Annual Report for FiscalYear 2000.

12. COURT ORDER:

To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as fullsettlement by the County of Dallas, Texas, for property damage and loss of useof vehicle as a result of an incident on or about October 4, 1999.

13. COURT ORDER:

To approve order authorizing the denial of a claim filed by Doris Burke againstDallas County.

14. COURT ORDER:

To approve order authorizing the denial of a claim filed by Ramon Morquechoagainst Dallas County.

15. COURT ORDER:

To approve order authorizing the denial of a claim filed by Susan West againstDallas County.

16. COURT ORDER:

To approve order changing, on behalf of Dallas County and the Dallas CountyHospital District, the substantial completion date for the tax abatement authorizedunder Court Order No. 99-438 (3/9/99) for Posture Beauty from January 31,2001 to December 31, 2001, and the abatement's effective date from January1, 2001 to January 1, 2002, and authorizing the County Judge to sign therelated amendment to the abatement agreement between the County and PostureBeauty.

Page 5: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

17. COURT ORDER:

To approve order authorizing the award of $227,550 in FY98, FY99, and FY2000 HOME/CHDO set-aside funds to Seagoville Senior Citizens HousingIncorporated (SSCHI) for the construction of six (6) elderly rental housing unitsin Seagoville to be completed by September 30, 2001.

18. COURT ORDER:

To approve order approving the addition of one (1) grade 5 clerk position toJustice of the Peace, Precinct 8, Place 2 (Steele) for FY 2001, due to theimplementation of the Sheriff's Freeway Management Program that will result inadditional workload.

19. COURT ORDER:

To approve order approving the addition of one (1) clerk position and the additionof supervisory responsibilities to one of the existing inspector positions for theSection 8 Program within the Health and Human Services Department.

20. COURT ORDER:

To approve order authorizing the Personnel Department to review theclassification of two (2) positions in the Contract Services Division of the JuvenileDepartment and present a recommendation to the Civil Service Commission.

21. COURT ORDER:

To approve order repealing the burn ban imposed by Court Order No. 2000-1710,dated August 29, 2000, effective immediately.

22. COURT ORDER:

To approve order approving refunds to taxpayers, as listed, in amounts over$500.00 for erroneous or excessive tax payments.

Page 6: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

23. COURT ORDER:

To approve order approving a contract with Partnership for Community Health forthe preparation of four tables from the original 1998 Comprehensive NeedsAssessment stratified by populations of color for the purpose of setting prioritiesand making categorical allocations to service categories specifically outlined byguidance from the Health Resources and Services Administration (HRSA)regarding the Congressional Black Caucus (CBC) funds, and authorizing theCounty Judge to sign the contract documents on behalf of Dallas County.

24. COURT ORDER:

To approve order approving additional funds in the amount of $656,887 allocatedunder the Comprehensive Energy Assistance Program (CEAP) contract, andapproving the operational budget as submitted.

25. COURT ORDER:

To approve order approving payment of all operating expenses of the Health andHuman Services Nutrition and Transportation programs, retroactive to October 1,2000, until the final contracts are received from the Dallas Area Agency on Aging(DAAA).

26. COURT ORDER:

To approve order amending current contract (Bid No. 2000-019-217 - AnnualContract for Extermination Services) with Terminix Commercial to performextermination services at additional designated locations based on specifiedmonthly rates.

27. COURT ORDER:

To approve order recognizing October 30, 2000 as the official opening date ofRFP No. 2001-015-691, Request for Proposals for Travel Management Services,due to an addendum.

28. COURT ORDER:

To approve order authorizing the County Purchasing Agent to advertise for bidsfor the construction of the 0.42 mile section of Hickory Tree Road from BrutonRoad to south of New Market Road in the City of Mesquite, Project 91-848.1 .

Page 7: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

29. COURT ORDER:

To approve order authorizing Commissioner of District No.3 to cooperate withthe City of Seagoville in improvements to Howard Street, from Mathis Street tothe south end, for a total estimated cost of $2,480, and authorizing the CountyJudge to execute the Interlocal Agreement for this Type "E" road work.

30. COURT ORDER:

To approve order authorizing Commissioner of District No.3 to cooperate withthe City of Seagoville in improvements to Mathis Street, from Kaufman Street toend, for a total estimated cost of $12,880, and authorizing the County Judge toexecute the Interlocal Agreement for this Type" E" road work.

31. COURT ORDER:

To approve order authorizing the County Judge to execute Modification No.1 tothe Scope of Services of the contract with TEAM Consultants, Inc. for materialstesting services for the Sandy Lake Road Project 91-838.

32. COURT ORDER:

To approve order authorizing the County Judge to execute SupplementalAgreement No. 2 to the Congestion Mitigation and Air Quality (CMAQ)Improvement Program Agreement between Dallas County and the TexasDepartment of Transportation (TxDOT) to allow for construction contracting ofCMAQ improvements by Dallas County.

33. COURT ORDER:

To approve order approving the Master Agreement Governing LocalTransportation Project Advance Funding Agreements and the amendment thereto,and authorizing the County Judge to execute said documents.

34. COURT ORDER:

To approve order accepting the dedication of described property (Parcel 33) byMary Kay, Inc. for right of way purposes in connection with improvements toRegal Row Project 91-837/50085.

Page 8: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

35. COURT ORDER:

To approve order rescinding Court Order No. 2000-1792, dated September 5,2000, and authorizing the Criminal District Attorney to institute eminent domainproceedings against Bill R. Norvell and wife, Susan Norvell, for acquisition ofdesignated parcels of land in connection with improvements to Abrams Road,Project 91-827/50078.

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)*Property*Security*Personnel

-Evaluation of Goals, Performance, Duties andResponsibilities of Department Heads

_ Fire Marshal_ Institute of Forensic Sciences_ Court Administrator_ Health & Human Services_ Veterans Services_ Public Works Department_ Personnel/Civil Service Department_ Public Defender_ Budget Office_ Elections Department

* Miscellaneous*Claims

-Roy Lawrence & Gilbert Strickland* Litigation

-A.J.'s Wrecker Service of Dallas, Inc. v. TheHonorable Diana Orozco; cc-99-03520-e &05-99-01 948-CV

Page 9: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31 , 2000

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

Subjects: *Litigation (Cont'd.)-Gregorio Alvarado and Jorge Alvarado v. Elma

Davis, Dallas Independent School District, DallasCounty Board of School Trustees, Dallas County,Dallas County Schools, Dallas County SchoolslTD, and Park Cities Baptist Church; 00-05833-1

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

-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

-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;05-98-1 630-CV

-Franchella Boyattia v. Wondrus Wimberly, MichaelHinojosa and County of Dallas; cc-96-01474-e /05-98-0101 2-CV

-William Britton v. Sheriff Bowles and Dallas County;DV98-06820-B

-Alvin R. Buckley v. Dallas Police Department, et al.;3:98-CV-0723-T

-Maurice Caldwell, Indv. & Obo All Others Similar v.Carol Keeton Rylander, Comptroller Public Accts.;99-13088

-Donald Carter, Jr. and Donald Artis v. ConstableCastillo, et al.; 3:99-CV-0047-X

-Donald Carter, Jr. and Donald Artis v. Dallas County,Texas; 98-03234-K

-Teresa Castillo, Ind. and as Representative of, Heirto and Beneficiary of the Estate of David Castillo,Deceased, et al. v. County of Dallas, et al.;DV98-05436-K

-Vivian Chavers v. Mattie Thomas; DV99-08376-B-Carl Cook v. Lee F. Jackson, County Judge

(formerly Collin County Cause of Action No.199-1976-99); DVOO-00038-F

-County of Dallas v. Mathison; cc-99-0289-a-Dwaine Morris Crain and Dallas County v. Whitlock

Appeal; 05-98-00229-CV-Dallas County v. Sandra Marian Halsey; 99-09032-C-Dallas County v. Kerry Johnson; JC99-00395-K

Page 10: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31 , 2000

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

Subjects: *Litigation (Cont'd.)-Dallas County and Monica Tunstle-Garrett v.

Antwan Dickerson; JC-00-00477-K-Dallas County d/b/a Dallas County Sheriff's

Department v. Mickey Caves; 05-98-01565-CV-Dallas County Civil Service Commission v. Betty Jean

Warren; DV99-06839-K / 04-99-00750-CV-Dallas County, Texas v. Victor Pavlu; 97-08168-F

& 05-99-01 549-CV-Eddie Dees d/b/a Fast Action Bail Bonds v. Dallas

County Bail Bond Board; DV98-07396-F-Randy Essenburg, John Mallios, Leona Stone,

H. Averil Sweitzer and Walter Kowalski v. DallasCounty and Dallas County District Clerk;05-95-01390-CV & 93-02129-A

-Bryan Kent Ford, on behalf of himself and all otherssimilarly situated v. Southwestern Bell TelephoneCompany, MCI WorldCom Communications, Inc.,Dallas County, Texas, and John Does I-X;00-06131-L

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

-Irving Gradowski v. Constable Mike Pappas, et al.;97-18873-U

-Mary Alice Grice v. Dallas County Sheriff'sDepartment, et al.; DV99-04763-K

-Linda Guadarrama and Terri Moore v. John Vance,Norman Kinne and Dallas County; 3:95-0723-D

-Sandra Halsey v. Texas Court Reporter'sCertification Board, 21 9 th District Court, CollinCounty, Texas; 219-1272-99-K

-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

-Michael James Holloway v. Dallas County and AricPhillips; DV98-00583-1 / DV99-09340-D

-Glen Holmes v. Dallas County; 97-10465-C-In Re: Charles Ben Howell; 05-00-00606-CV-Jimmy-Jack Jackai v. Dallas County; 98-101 75

Page 11: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

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

Subjects: *Litigation (Cont'd.)-Jensen Construction Company d/b/a Jensen

Construction Company of Texas and ConcreteTextures, Inc. flk/a Jensen Paving Company v.Dallas County v. AT Laboratories, Inc.;92-07895-A & 05-98-00032-CV

-Cathy Kekeocha v. Dallas County; DV99-05559-F-Malcolm Kelso v. Judge Robert Jenevein;

DVOO-05792-L-Pat Kinnard d/b/a Bail Bonds Unlimited and

Continental Heritage Insurance Company v.Dallas County Bail Bond Board; 00-04284-H

-Brent Lawson v. Dallas County, et al.;3:95-CV-2614-R

-Ezequiel A. Ledesma v. City of Dallas;3:98-CV-2832-L

-Aquilla Mathews v. Dallas County, Dallas CountyCommissioners Court, and Lew Sterrett JusticeCenter; DV98-03911-D

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

-Curtis Meloy and Dallas County v. KaiserPermanente, et al.; 99-08159-L

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

-Matthew A. Miller v. Commissioners Court of DallasCounty; DV98-00159-1

-Victor Fred Montoya d/b/a Superior Bail Bonds v.Dallas County Bail Bond Board, Captain JamesLedford, Lawrence R. McCoy, and Dallas CountySheriff's Department; DVOO-1 21 2-J

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

-Rita Odom-Strain v. County of Dallas, Texas;cc-99-08527-a

-Curtis Ohme v. Dallas County, Texas and Jim Bowles;96-04122-E

-Raymond Wayne Phillips, James Bauer (WalterKowalski) 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 & 07-99-0222-CV

-Jodie Poston v. County of Dallas; DV99-02714-F-In Re: Robert J. Reagan; 00-0398

Page 12: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

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

Subjects: *Litigation (Cont'd.)-Barbara Richardson v. Willard Allen and Dallas

County; cc-98-02473-a & 05-99-00087-CV-David'R. Riddell v. The Partnership of Blair, Goggan,

Sampson and Meeks, et al.; 3:96-CV-2736-M-Rebecca Lynn Roy v. Dallas County; DV98-07226-1

& 05-99-01 31 3-CV-Southwestern Bell Telephone Company v. County

of Dallas, Texas and Don Quixote Guthrie;cc-00-5349-e

-State of Texas v. The American Tobacco Company;5:96-CV-0091

-State of Texas v. Bill Melton and Earl Bullock;96-05525

-David Stromile v. Dallas County; 3:98-CV-2095-P-H. Averil Sweitzer, et al. v. Dallas County and

Dallas County District Clerk; 90-09914-A-Patrick W. Wallace v. Dallas County Jail, et a/.;

DV98-07602-J & 05-99-01605-CV-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

-James E. Williams and Centerline UtilitiesConstruction, Inc. v. Ayub Badat d/b/a DiscountGas and Food, Joe Bagby, Dallas CountyConstable, Precinct Eight, et a/.; cc-00-4607-a

* Potential Litigation-Sonya Nicholson v. TWCC and Dallas County-Insufficient Appellate Record-Collections Department-Agreement between Dallas County, Texas and SCT

Government Systems, Inc. ("SCT") datedSeptember 29, 1995 for BANNER Software

-Suit against the Attorney General regardingInterpretation of Section 552.024 GovernmentCode

* Legal Matters-Subrogation Lawsuits filed by Dallas County

Page 13: GENDA Dallas County, Texas Tuesday, October31, 2000 · 12. COURT ORDER: To approve order authorizing Richard Martinez to be paid $1 ,071 .39 as full settlement by the County of Dallas,

Commissioners Court Agenda - Tuesday, October 31, 2000

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

Subjects:

38. RECESS:

39. RECONVENE IF REQUIRED:

*Legal Matters (Cont'd.)-Consultation with Legal Counsel:

_ BANNER Software_ Economic Development_ NYLCare_ Effects of FLSA - Moving from Exempt to

Non-exempt Positions_ Legal Representation for County Officials_ County Liability for FW Empowerment

Corporation-Judicial Fund Participation-Dallas MetroCare / Value Options-Dallas County Civil Service Commission-Representation of County Judicial Officials before

State Commission on Judicial Conduct

Earl Bullock, County Clerk