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GENDA Commissioners Court Dallas County, Texas Tuesday, August 13, 2002 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. Bill Counts Fellowship Bible Church of Dallas Dallas, Texas

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Page 1: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

GENDA

Commissioners Court

Dallas County, Texas

Tuesday, August 13, 2002

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. Bill CountsFellowship Bible Church of DallasDallas, Texas

Page 2: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

Commissioners Court Agenda - Tuesday, August 13, 2002

7. RESOLUTIONS:

A. Larry Forsyth(Presented by Commissioner Jim Jackson)

8. CONSENT AGENDA:

A. APPROVE COMMISSIONERS COURT REGISTER OF APPROVED CHECKS,AUTHORIZED CLAIMS CERTIFICATION, MINUTES OF REQUISITIONS, ANDPAYROLL REGISTERS FOR THE PERIOD OF AUGUST 6-13,2002:

B. OPEN BIDS/RFP'S:

THE FOLLOWING BIDS/RFP'S TO BE OPENED AUGUST 19, 2002:

Bid No. 2002-157-1201

Bid No. 2002-159-1203

Demolition & Reconstruction of ResidentialProperty at 4706 Peachtree, Balch Springs,Texas [Housing Rehabilitation].

Annual Contract for Various InsuranceCoverage for the County Sheriff's CourtesyPatrol Division. (CONTRACT DATAPROVIDED AUGUST 6, 2002)

C. APPROVAL OF THE INVESTMENT OF DALLAS COUNTY FUNDS:

D. RIGHTS OF WAY:

Summary Agreements.

E. COURT AGENDA:

To approve filing of Commissioners Court Agenda, dated August 13, 2002.

F. FIVE SIGNATURE DOCUMENTS: (FOR FILING ONLY)

*Minister's Letter of Appreciation

G. TRANSFER OF FUNDS:

Page 3: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

Commissioners Court Agenda - Tuesday, August 13, 2002

8. CONSENT AGENDA: (Cont'd.)

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

I. TRAVEL REQUESTS:

J. PERSONNEL ACTIONS:

Employee Replacements and Salary Adjustments.

9. AWARD BIDS/RFP'S:

Bid No. 2002-137-1177 Annual Contract for Janitorial Services at the Healthand Human Services Complex [Facilities], awarded to:James Enterprise. (CONTRACT DATA PROVIDEDAPRIL 23, 2002 - BRIEFED JUNE 18, 2002)

10. COURT ORDER:

To approve order retaining the firm of Bragar Wexler Eagel & Morgenstern, LLPto provide specific legal services as defined in the Attorney Fee Contract, andauthorizing said services and any additional services to be billed at hourly ratesas set forth in the Attorney Fee Contract.

11. COURT ORDER:

To approve order accepting payment of $1,362.90 from Farmers InsuranceCompany for their insured, Cory Winters, as settlement of property damages andlosses sustained by Dallas County on or about April 11, 2002.

12. COURT ORDER:

To approve order authorizing Samuel Tuggle to be paid $2,288.49 as settlementby the County of Dallas, Texas for property damage to his vehicle on or aboutJuly 16, 2001.

Page 4: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

Commissioners Court Agenda - Tuesday, August 13, 2002

13. COURT ORDER:

To approve order rescinding Court Order No. 2002-1401, dated August 6, 2002,and authorizing the denial of the offer of settlement in the case of Reba FlorenceAdams and Linda Thrasher v. Dallas County.

14. COURT ORDER:

To approve order authorizing the denial of a claim and counter-offer of settlementof free advertisement made by The Dallas Examiner to Dallas County.

15. COURT ORDER:

To approve order appointing Charles Y. Park to the Citizen Election AdvisoryCommittee to serve a term expiring January 31, 2003.

16. COURT ORDER:

To approve order recognizing the Child Support Office for its ManagementInitiative and authorizing the County Auditor to transfer funds in the amount of$5,000 from Child Support Fund 160.46620.2002 (Child Support ProcessingRevenue) to the Child Support DDA - Spendable Balance line item160.4053.2230.2002.

17. COURT ORDER:

To approve order authorizing the reimbursement of money paid by DetentionService Officers to acquire a Commercial Drivers License for the purpose ofdelivering food to the jails and juvenile facilities.

18. COURT ORDER:

To approve order approving the addition of one (1) Drug Chemist in the Instituteof Forensic Sciences and one (1) Drug Testing Coordinator in the DistrictAttorney's Office, and authorizing the Human Resources/Civil Service Departmentto review the new positions for appropriate grade.

Page 5: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

Commissioners Court Agenda - Tuesday, August 13, 2002

19. COURT ORDER:

To approve order approving acceptance of the FY 2003 Regional Auto InsuranceFraud Task Force of North Texas grant in the amount of $252,500 from theAutomobile Theft Prevention Authority (ATPA), and authorizing the County Judgeto sign all related documents.

20. COURT ORDER:

To approve order authorizing the County Judge to sign a Master Agreement onbehalf of Dallas County with AchieveGlobal, Inc. to authorize the County to utilizematerials purchased for three (3) training programs (Court Order No. 2002-1298,dated July 23, 2002) with only AchieveGlobal certified facilitators.

21. COURT ORDER:

To approve order approving a new interlocal agreement for radio communicationservices by and between Dallas County and the City of Dallas for a three (3) yearperiod beginning September 1, 2002, and authorizing the County Judge toexecute said agreement.

22. COURT ORDER:

To approve order authorizing the reimbursement of the Child Support Office'sdeductible in the amount of $5,000 from Dallas County's self-insurance account,120.9910.07560.2002.

23. COURT ORDER:

To approve order approving the purchase of two (2) Magner, Model #20 currencycounters at a cost of $1,150.00 to be used by the County Clerk's criminalcashier's office and the recording division cashier, with funding available from theCounty Clerk's Records Management and Preservation Fund(532.0.21310.0.0.94009).

24. COURT ORDER:

To approve order approving refunds to taxpayers, as listed, in amounts over$2,500.00 for erroneous or excessive tax payments.

Page 6: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

Commissioners Court Agenda - Tuesday, August 13, 2002

25. COURT ORDER:

To approve order approving the FY 2003 Substance Abuse and Mental HealthServices Administration (SAMSHA) Targeted Capacity Expansion (TCE) Requestfor Proposals.

26. COURT ORDER:

To approve order authorizing the award of RFP No. 2002-126-1164 (Request forProposals for Lease of Snack Bar [Concession] Operations at the RecordsComplex) to the highest rated proposer, Record Grill, for the period fromSeptember 1, 2002 through August 31, 2007.

27. COURT ORDER:

To approve order authorizing the Purchasing Department to accept the bids forthe sale of paid and cancelled County bonds, and proceed with the collection anddeposit of the monies.

28. COURT ORDER:

To approve order authorizing the Purchasing Department to accept the bid of$825.00 from W & B Service Company for the sale of one (1) Thermo KingCorporation Model Super II Max Refrigerate Unit (used 1990), and proceed withthe collection and deposit of the monies.

29. COURT ORDER:

To approve order authorizing the County Judge to execute Change Order No.2,in an amount not to exceed $5,417.50, with Firetrol Protection Systems, Inc. forthe Fire Alarm System Upgrade - Health and Human Services Building project (BidNo. 2001-129-882).

30. COURT ORDER:

To approve order authorizing the County Judge to execute a contract, in anamount not to exceed $332,100.00, with R-Con, Inc. for the Henry WadeJuvenile Justice Center Parking Expansion (Bid No. 2002-134-1174).

Page 7: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

Commissioners Court Agenda - Tuesday, August 13, 2002

31. COURT ORDER:

To approve order authorizing the County Judge to execute Indefinite QuantityWork Order No. 17, in an amount not to exceed $20,716.00, with Vidaud +Associates, Inc. to provide architecture/engineering services for the renovationsto Bio-Safety Lab 3 at the Dallas County Health and Human Services facility,2377 Stemmons Freeway.

32. COURT ORDER:

To approve order authorizing the relocations of the Sheriff's Physical EvidenceSection (PES) and Internal Affairs (IA) in the Frank Crowley Courts Building, asoutlined.

33. COURT ORDER:

To approve order appointing early voting judges for listed early voting locationsto hold Special and General Elections for the 2002-2003 term (8/13/02 through7/31/03) and appointing an early voting ballot board judge and alternate earlyvoting ballot board judge.

34. COURT ORDER:

To approve order appointing presiding and alternate election judges to holdSpecial and General Elections for the 2002-2003 term, which begins August 13,2002 and ends July 31, 2003.

35. CALL BRIEFING SESSION:

See Briefing Agenda.

36. CALL EXECUTIVE SESSION:

For purposes permitted by Chapter 551, Open Meetings, Texas GovernmentCode, Sections 551.071,551.072,551.073,551.074,551.0745,551.075 and551.076.

Subjects: *Contracts* Appointments

-Board/Committee Vacancies (Members/Officers)-Dallas County Veterans Land Board

Page 8: GENDA Dallas County, Texas Tuesday, August 13, 2002€¦ · July 16, 2001. Commissioners Court Agenda -Tuesday, August 13, 2002 13. ... -Reba Florence Adams and Linda Thrasher v

Commissioners Court Agenda - Tuesday, August 13, 2002

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

Subjects: * Property-Consideration of Sale of Land at 2355 Stemmons

Freeway-Purchase of Land on Northwest Highway for

Future Subcourthouse-Dallas County Hospital District

_ Clinic Locations_ Master Plan Implementation

*Security* Personnel Matters

-Appointment, Employment, Evaluation, Conflict ofInterest, Reassignment of Duties and/orDemotion of Public Officers or Employees

-Evaluation of Goals, Performance, Duties andResponsibilities and Organizational Structure ofDepartment Heads

_ Director of Security and EmergencyManagement

_ Institute of Forensic Sciences Director_ Commissioners Court Administrator_ Health & Human Services Director_ Veterans Services Officer_ Public Works Director_ Human Resources/Civil Service Director_ Public Defender_ OBE Director_ Elections Administrator_ Purchasing Director

*Personnel Matters Affecting County Advisory Body*Claims

-Allstate Insurance Company (Ahcian M. Padilla)-Clint Bunch-Farmers Insurance Company (Praphan Pokham)\-Takiki W. Lushaw-Samuel Tuggle

* Litigation-David Ray Adams v. Dallas County Sheriff's Dept.

Civil Service Commission; DV02-04883-A-Reba Florence Adams and Linda Thrasher v. Dallas

County, Texas, The City of Dallas, Texas, EdwinEinar Carlson, and Does 1 through 5 Inclusive;cc-99-04696-c

-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

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Commissioners Court Agenda - Tuesday, August 13, 2002

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

Subjects: *Litigation (Cont'd.)-Barbara Bell, et aI., Individually and as

Representatives of the Estate of Sheila AnnBlackwell Bateman, deceased; 00-06968-M

-Peggy Bettenhausen & Sheila Dugger v. DallasCounty; 95-05011-J

-C. Mark Blankenship, et al. v. The County of Dallas;93-03074-D

-Jim Bowles, Dallas County Sheriff and DallasCounty v. Mike Yeganeh; 06-01-00937 /cc-99-4999-c

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

-Gordon Brown v. FDM, Inc. f/k/a Federal DebtManagement, as Assignee of First ContinentalNational Bank, Larry Stroud, Deputy Sheriff, ofWrit Enforcement Division of Dallas CountySheriff's Department, and Luis McCullen;153-190972-02

-Buster v. Commissioners Court; DVOO-04531-H-Cambridge Consolidated Tract; 96-33041-TH-Jaavier Carr v. Officer A. East; 3:00-CV-1583-L-Susan Craig v. Mega Freight Lines and Kevin

Douglas; cc-01-1 01 02-b-Dwaine Morris Crain and Dallas County v. Whitlock

Appeal; 05-98-00229-CV-Dallas County v. Sandra Halsey; 01-0784-Dallas County v. Connie A. Johnson, et al.;

01-02479-F-Dallas County v. McDonald; cc-95-04498-c-Dallas County v. Bill Norvell, et al.;

cc-01-00110-b-Dallas County v. Rios Paint and Body; 01-05027-Dallas County v. Charles Rose/Judicial Conduct

Commission; 01-1541-K-Dallas County Civil Service Commission v. Betty Jean

Warren; DV99-06839-K-Dallas County, Texas v. Victor Pavlu;

05-01-02050-CV-Tommy Davenport v. County of Dallas, Texas, et al.;

01-7290-F-Charles A. Fagan v. Dallas County Sheriff's

Department, et al.; 3:99-CV-1052-M-Stanley Gaines, Jim Gilliand and Sonia Avina v.

County of Dallas, Texas; 01-04784-D-Galindo v. Bowles, et al.; 01-1206-ML-B

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Commissioners Court Agenda - Tuesday, August 13, 2002

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

Subjects: *Litigation (Cont'd.)-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

-Maria Guzman, et al. v. Dallas County Sheriff,et al.; 02-5221-1

-Robert Holley, et al. v. KONE, Inc., et al.;DVOO-10241-H

-Connie A. (Hicks) Johnson v. Dallas County;02-03240-F

-J. Wayne Johnson v. Judge Wilma Cawthon;01-06809-F

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

-Terry Lewis v. First Financial and Dallas CountySheriff; 02-01867-K

-Wanda Malone-Jackson and Dallas County v.Douglas Suggitt; cc-01-06853-d

-Randall McClendon v. Raymond Oren Skinner andDallas County, Texas; DV02-01135-C

-Donald McCray v. Clerk of Court; DV01-06024-L /05-02-00910-CV

-Betty Sue McDonald v. Dallas County, Texas;05-98-01 500-CV

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

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

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

-James D. Oliver v. McDonald's Corporation, et al.;96-04122-E

-Kevin P. Oliver and wife, Margaret Oliver v. GeneDevoll, 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

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Commissioners Court Agenda - Tuesday, August 13, 2002

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

Subjects: *Litigation (Cont'd.)-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. The County of Dallas;96-04522

-Terrance J. Pitts, et al. v. Dallas County Bail BondBoard; 96-12507-F

-Ying Wang Pleasant v. Robert Keneldon Brooks,Lois Jean Harris, and Dallas County;cc-01-007557-a

-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)-Presley Sauls v. Dallas County; DV01-06290-K-Dallas Wayne Scott v. Michael Lang; 02-04249-H-Dallas Wayne Scott v. M. Kent Sims, et al.;

02-04396-1-Christopher Shawn Sempe and Carl Raymond

Sempe, by and through their next friend CindyLambert v. The County of Dallas;DV-00-01494-A

-Kelle Slaughter v. Dallas County; DV01-07733-B-Thomas Eric Story v. Dallas County, Texas;

3:00-CV-2345-L-Taxpayers for Sensible Priorities, et al. v. City of

Dallas, et al.; 05-01-1579-CV-Luz Villegas, et al. v. DISD and Bruce Sherbert,

et al.; 3:02-CV-858-R-Rodney Wadley v. Dallas County Sheriff's

Department; cc-01-12079-e-Lamar Walton v. Dallas County and Derrick Evans;

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

County; 99-10238-B-Joe Nelson Williams v. Dallas County District

Clerk, Dallas County Sheriff's Department, et al.;DVOO-06082-C

-Shirley Williams, as Next Friend of Kelvin DevonWilliams v. Brian Keith Greenlee, Dallas County,and Lone Star Juvenile Detention Center;02-4187

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

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Commissioners Court Agenda - Tuesday, August 13, 2002

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

Subjects:

37. RECESS:

38. RECONVENE IF REQUIRED:

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

* Legal Matters-Effect of Redistricting on Vacancies in Justice of

the Peace and Constable Office-Consultation with Legal Counsel:

_ Justice of the Peace, Precinct 1-A_ Justice of the Peace, Precinct 1, Place 2_ Justice of the Peace, Precinct 5, Place 2_ Evaluation of Attorney General Opinion JC-34_ MetroCare Financial and Operational Liability_ Attorney General's Request for Input on a

Public Information Act Question_ Conflict of Interest in Employment_ WorldCom

Earl Bullock, County Clerk