GENDA

Commissioners Court

Dallas County, Texas

Tuesday, August 14, 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:

Mr. Zenaido SanchezSpanish MinisterCedar Hill Church of ChristCedar Hill, Texas

Commissioners Court Agenda - Tuesday, August 14, 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 AUGUST 7-14, 2001 :

B. OPEN BIDS/RFP'S:

THE FOLLOWING BIDS/RFP'S TO BE OPENED AUGUST 20, 2001 :

Bid No. 2001-181-955

Bid No. 2001-182-956

Bid No. 2001-188-962

Bid No. 2001-189-963

Replace and Upgrade Two (2) CCTV Systems(200 Greene Road, Wilmer, Texas).

Fabricate and Install Back Draft Dampers[HHS].

Annual Contract for Roadway Lime Treatment[R & B Districts]. (CONTRACT DATAPROVIDED JULY 24, 2001)

Annual Contract for Filter Media [Facilities].(CONTRACT DATA PROVIDED JULY 31,2001 )

THE FOLLOWING BID/RFP TO BE OPENED AUGUST 23, 2001 :

RFP No. 2001-192-968 Request for Proposals for Applicant TrackingSystem and Human Resources SystemSoftware [CSCD].

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 14, 2001.

Commissioners Court Agenda - Tuesday, August 14, 2001

8. CONSENT AGENDA: (Cont'd.)

F. FIVE SIGNATURE DOCUMENTS: (FOR FILING ONLY)

*Minister's Letter of Appreciation

G. RENTAL OF VOTING EQUIPMENT:

4 Voting Booths & 1 Ballot Can to: Mountain View College

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. 2001-166-936 Contract to Provide and Install Seven (7) RooftopHeating/Air Systems, awarded to: Trevino MechanicalContractors.

RFP No. 2001-178-951 Request for Proposals for Actuarial Services for DallasCounty's Self-Insured Workers Compensation Program,awarded to: Robert Hughes & Associates, Inc.

10. COURT ORDER:

To approve order approving the revised designation of various justice of the peaceand constable precincts, to be effective October 1, 2001, and amending theprevious designations made in Commissioners Court Order No. 2001-1099(6/12/01).

Commissioners Court Agenda - Tuesday, August 14, 2001

11. COURT ORDER:

To approve order approving the use of temporary employees, extra help,temporary services and/or overtime to address the backlog of citations in variousJustice of the Peace Courts.

12. COURT ORDER:

To approve order authorizing and establishing in all Justice of the Peace Courtsa $4.00 court cost fee for all misdemeanor offenses, to be placed in a JusticeCourt technology fund to be expended according to State law.

13. COURT ORDER:

To approve order authorizing the use of LexisNexis in the Civil Section of theDallas County District Attorney's Office, and authorizing the County Judge tosign the contract with LexisNexis and all related documents.

14. COURT ORDER:

To approve order approving certain pages of the updated payroll policy, andauthorizing the inclusion of these changes in Section 82 of the Dallas CountyCode.

15. COURT ORDER:

To approve order approving Dallas County's participation in the TransportationExcellence for the 21 st Century (TEX-21 ) program, authorizing the County Judgeto sign such participating agreement on behalf of Dallas County, and directing theBudget Officer to appropriate $25,000.00 in the Dallas County CommissionersCourt Administration's FY 2002 budget to be used to pay for Dallas County'smembership in TEX-21 .

16. COURT ORDER:

To approve order authorizing listed items to be removed from the inventoryrecords of the 95 th Civil District Court, as requested by The Honorable KarenJohnson.

Commissioners Court Agenda - Tuesday, August 14, 2001

17. COURT ORDER:

To approve order approving the extension of the Texas Department of Protectiveand Regulatory Services (TDPRS) Contract No. 9900-0419 that ends on August30, 2001 to either January 30, 2002, or until the remainder of the grant for theCPS Mediation Project has been expended, whichever comes first, and authorizingthe ADR Coordinator to sign and submit Request for Reimbursement(s) with allrequired paperwork associated with the contract.

18. COURT ORDER:

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

19. COURT ORDER:

To approve order approving a contract with the Texas Department of Health (TDHDocument 7560009056 2002), Attachments #10 (HIV-Services), #11 (HIV-Hep),#12 (IDEAS), #13 (Regional/Local Health Operations-Survey), #14 (TS-Preventionand Control), #15 (STD-HIV), and #16 (Immunization Division), and authorizingthe County Judge to sign said documents on behalf of Dallas County.

20. COURT ORDER:

To approve order approving the contract award of FY 2000-2001 Ryan WhiteCARE Act Title I funds in the amount of $250,000.00 to the Texas Departmentof Health (TDH) for use in the Texas AIDS Drug Assistance Program (ADAP), andauthorizing the County Judge to sign said contract (TDH Document No.501501501 AS2001-01) on behalf of Dallas County.

21. COURT ORDER:

To approve order providing assurance to the Office of the Governor, CriminalJustice Division (CJD), that in the event of the loss or misuse of grant fundsawarded to Dallas County under Grant No. 15986-01 for the Dallas CountyJuvenile Justice Alternative Education Program (DCJJAEP) Mentor Program,Dallas County will return the lost or misused funds to the Criminal JusticeDivision in full.

Commissioners Court Agenda - Tuesday, August 14, 2001

22. COURT ORDER:

To approve order approving Sharing Funds Agreements with the Cities ofLancaster, Balch Springs, and Highland Park for Juvenile Accountability IncentiveBlock Grant (JAIBG) "turnback" funds, as designated, and authorizing the CountyJudge to sign said agreements on behalf of Dallas County.

23. COURT ORDER:

To approve order authorizing the City of Glenn Heights to utilize the County'sAnnual Contract for Asphalt (Bid No. 2001-097-827) for the period from April 20,2001 through April 19, 2002, and authorizing the County Judge to execute theCity/County Agreement with the City of Glenn Heights for usage of said contract.

24. COURT ORDER:

To approve order authorizing Jim Reese/Reese Landscape Resources to be paid$13,020.00, based on Quantum Merit, for landscape services rendered during themonths of May and June, 2001 for Areas 1 & 10 of Bid No. 2001-018-697(Annual Contract for Landscape Maintenance).

25. COURT ORDER:

To approve order authorizing the cancellation of Bid No. 2001-179-950 (AnnualContract for Clinical Laboratory Testing Services), due to the fact that no bidswere received.

26. COURT ORDER:

To approve order authorizing the purchase of book covers from WalravenCompany for a total cost of $23,858.00 in connection with the DWI UnderageAlcohol Awareness Book Cover Drawing Contest and the distribution of bookcovers to Dallas County school districts.

27. COURT ORDER:

To approve order authorizing payment in the amount of $7,379.05 to AMB/ErieLocal L.P., c/o The Trammel Company, for Dallas County's pro-rata share ofincreased water, taxes, common area maintenance (CAM) and insuranceexpenses on the leased space at 1137 Jupiter, Garland, Texas, for theCommunity Supervision and Corrections Department (CSCD).

Commissioners Court Agenda - Tuesday, August 14, 2001

28. COURT ORDER:

To approve order authorizing Commissioner of District No.2 to cooperate withthe City of Mesquite in improvements to Berry Road, from Lawson Road toEdwards Church Road, for a total estimated project cost of $101,042.39, andauthorizing the County Judge to execute the Interlocal Agreement for this Type"B" road work.

29. COURT ORDER:

To approve order authorizing Commissioner of District No.2 to cooperate withthe City of Mesquite in improvements to Berry Road, from Edwards Church Roadto Faithon P. Lucas, Sr. Blvd., for a total estimated project cost of $48,486.18,and authorizing the County Judge to execute the Interlocal Agreement for thisType "B" road work.

30. COURT ORDER:

To approve order authorizing Commissioner of District No.2 to cooperate withthe City of Mesquite in improvements to Edwards Church Road, from Clay MathisRoad to Cartwright Road, for a total estimated project cost of $53,895.69, andauthorizing the County Judge to execute the Interlocal Agreement for this Type"E" road work.

31. COURT ORDER:

To approve order authorizing Commissioner of District No.2 to cooperate withthe City of Mesquite in improvements to LaPrada Drive, from Barnes Bridge Roadto Gus Thomasson Road, for a total estimated project cost of $73,393.38, andauthorizing the County Judge to execute the Interlocal Agreement for this Type"B" road work.

32. COURT ORDER:

To approve order authorizing Commissioner of District No.4 to cooperate withthe City of Irving in improvements to various listed streets, for a total estimatedproject cost of $343,994.23, and authorizing the County Judge to execute theInterlocal Agreement for this Type "E" road work.

Commissioners Court Agenda - Tuesday, August 14, 2001

33. COURT ORDER:

To approve order authorizing Commissioner of District No.4 to cooperate withthe City of Irving in improvements to Story Road, from Pioneer Road to S.H. 183,for a total estimated project cost of $563,895.69, and authorizing the CountyJudge to execute the Interlocal Agreement for this Type "B" road work.

34. COURT ORDER:

To approve order authorizing Amendment No. 2 to the Indefinite QuantityContract with Contract Land Staff, Inc. (CLS) to incorporate the relocationassistance component of the new Dallas County Real Estate Policy, and awardingWork Order No. 11, in an amount not to exceed $404,050.00, to CLS for rightof way acquisition services on Singleton Boulevard Project 91-881 from HamptonRoad to Canada Drive in R & B District No.3.

35. COURT ORDER:

To approve order authorizing the Criminal District Attorney to institute eminentdomain proceedings against Buddy H. & Reba J. Brown, Trustees and SuccessorTrustees of the Buddy and Jean Brown Living Trust, for acquisition of designatedproperty (Parcels 31, 31 DE, 31 SE1, & 31 SE2) for right of way purposes inconnection with the MacArthur Blvd. Project 91-896.

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

*Security

Commissioners Court Agenda - Tuesday, August 14, 2001

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

Subjects: *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*Claims

-Hertz Rental Car Corporation-Sarah Betts

* 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;05-98-1 630-CV

-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-Donald Carter, Jr. and Donald Artis v. Constable

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

Texas; 98-03234-K

Commissioners Court Agenda - Tuesday, August 14, 2001

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

Subjects: *Litigation (Cont'd.)-Justice of the Peace Wilma Cawthon - Writ of

Mandamus; JT 00-52255-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; 01-1 541-K-Dallas County v. Gary Vodicka; JCOO-00222-L-Dallas County and Lawrence McCoy v. Beth

Hudak; JC-0000140-F-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

& 05-99-01549-CV-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

-Charles A. Fagan v. Dallas County Sheriff'sDepartment, et al.; 3:99-CV-1052-M

-Douglas Keith Fox and Roy Morrison v. GaryLachman and County of Dallas; DVOO-00746-1

-Thomas A. Gilley v. Dallas County Sheriff'sDepartment 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; 01-02585-0

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

-Sandra Halsey v. Texas Court Reporter'sCertification Board, 219th 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

-Glen Holmes v. Dallas County; 97-1 0465-C-Cathy Kekeocha v. Dallas County; DV99-05559-F

Commissioners Court Agenda - Tuesday, August 14, 2001

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

Subjects: *Litigation (Cont'd.)-Brent Lawson v. Dallas County, et al.;

3:95-CV-2614-R-Aquilla Mathews v. Dallas County, Dallas County

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

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

-E. W. McKittrick, Inc., Debtor; Harry L. Cure,Trustee v. Jim Hamlin, Dallas County DistrictClerk; 499-45809-MT-7

-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

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

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

-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-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-Transworld Services, Inc., et al. v. Reza Fatemian,

et al.; DVOO-06253-B-Letha Valentine, et al. v. Dallas County;

DVOO-0155-L-Edna and Kazell Ward v. Daron Branch and Dallas

County; 99-10238-B

Commissioners Court Agenda - Tuesday, August 14, 2001

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

Subjects:

38. RECESS:

39. RECONVENE IF REQUIRED:

*Litigation (Cont'd.)-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

-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_ 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 for Criminal Judges to AppointLegal Counsel for other than IndigentDefendants

- Termination of Relationship with MCI_ Confidentiality of Truancy Case Files

Earl Bullock, County Clerk