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HomeMy WebLinkAbout2008-04-29-9:00AM-REGULARBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA \pt 25 p 42 c t ; CS BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 29 APRIL 2008 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Wassermann. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 23: 3. Budget Amendment 07/08-27.1 (previously tabled). 4. Request from the Sheriffs Office for permission to transfer funds from Account 51610000 (Hourly — Staff) to Account 71030000 (Employee Services) so that the Receptionist position can be filled through a temporary service. 5. Budget Amendment 07/08-28.1 thru 07/08-28.5. 6. Personnel Change of Status. 7. Payment of Claims. 8. Order 08-005 dividing, combining, creating and incorporation of Election Precincts according to the City of College Station, Texas Annexation Ordinance. Orden 08-005 para dividir, combinar, crear y incorporacion de Precintos de Elecciones de acuerdo con la Ordenaza de Anexion de la Ciudad de College Station, Texas. Office of the County Judge • 300 East 26th St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 Commissioners Court Agenda 29 April 2008 Page 2 9. Proclamation 08-004 establishing April as National Relay for Life Month in Brazos County. 10. Proclamation 08-005 establishing 8 May 2008 as M. L. "Red" Cashion Day in Brazos County. 11. Reappointment of the following members of the Brazos County Child Welfare Board; term of these appointments is 1 June 2008 through 31 May 2011: a. Suzanne Phelps b. Wendy McDonald c. Gail Bradbury d. Sharon Jackson e. Kathy Joyce f. Jeff Reeves 12. Interlocal Agreement with Travis County for medical examiner services. Term of this agreement is from the date of execution until 9/30/2008, with an option for automatic renewal on 10/01/2008 for an additional one year period, and every October thereafter unless terminated. 13. Request for reimbursement of $15.00 to Eric Caldwell from the IT Department's travel budget for a parking ticket received while in Austin, Texas on 17 April 2008 for a Conference of urban Counties IT Directors' Meeting. 14. Out of state travel request from the Bryan/College Station MPO for Linda LaSut to attend the Transportation Research Board summer conference in Baltimore, Maryland. Dates of travel are 15-18 June 2008. 15. Out of state travel request from the District Attorney's Office for Shane Phelps to attend a Special Prosecutions conference in San Diego, California. Dates of travel are 4-8 May 2008. 16. Out of state travel request from the I.T. Department for Blake Lambright to attend the "Novell ZENworks 7 Desktop Management" training course in Chicago, Illinois. Dates of travel are 16-20 June 2008. 17. Out of state travel request from the I.T. Department for Dr. Ekpe Okorafor to attend the Hewlett-Packard "VMware Infrastructure 3: Deploy, Secure and Analyze V3.5" training course in Chicago, Illinois. Dates of travel are 26-30 May 2008. 18. Tax Refund Applications for the following: a. b. c. d. e. Carlos M. Badillo Earthbound Trading Company Kelly Elizabeth Hansell Victoria Johnson Revez Grand LP Io- f. Lisa Ann Rice g. Carlie English Sego h. Jason & Jennifer Snook i. Jack Stone Commissioners Court Agenda 29 April 2008 Page 3 19. Permission to enter the property of Richard Withers, Jr. located off Old Reliance Road for the purpose of repairing an area of county right of way disturbed during previous roadway construction for the health, safety and welfare of the general public. Site is located in Precinct 2 20. Permission to enter the property of Douglass H. Garrett located off Fickey Road for the purpose of re -channeling the creek; work is for the health, safety and welfare of the general public. Site is located in Precinct 2. 21. Amendment to original Resolution 07-003 for the Federal Off -System Bridge Replacement or Rehabilitation Program regarding the bridge structure on Leonard Road at Thompson Creek, allowing Brazos County to provide to the State the required topographical and design surveying necessary to develop the project, thereby expediting project completion. Project site is located in Precinct 4. 22. Payment Authorization in the amount of $500.00 to the Travis County Medical Examiner's Office for expert testimony in the trial State vs. Lee Hamilton, Jr. A purchase order was not obtained in advance. 23. Payment Authorization in the amount of $576.00 to Brazos Valley Sewer Drain. The invoice exceeded the purchase order amount. 24. Acknowledgement of a Correction Tax Resale Deed, which replaces the Tax Resale Deed executed by Brazos County to Twin City Mission, Inc. dated 1 May 1995 and by error did not include the full property description. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before e meeting. 1 -make arrangements, call (979) 361-4102. 10 3 COMMISSIONERS' COURT REGULAR MEETING APRIL 29, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 29, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2, Absent; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann asked Reverend Jones to give the invocation and then Commissioner Wassermann led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #07/08-27.1 that would reallocate funds for Capital Improvement Fund - Commissioners Court. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A Vol 10 g Page 4 Commissioners Court meeting April 29, 2008 2 copy is attached. The next matter before the Court was consideration of a request submitted by Sheriff Chris Kirk asking for permission to fill a vacant position in the Sheriff's Office with a person from a temporary service. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #07/08-28.1 through 28.5 that would transfer funds from Contingency to Purchasing, reallocate funds for the Brazos County Grant Fund: TJPC-GProgSanctns, County Court at Law #1, Sheriff Administration (2). On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendments as submitted. A copy is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7049147 through 7049390 Vol 16 g Page 6 Commissioners Court meeting April 29, 2008 3 On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was adoption of Order #08-005 dividing, combining, creating and incorporation of Election Precincts according to the City of College Station, Texas Annexation Ordinance #3049. Section 42.007 of the Texas Election Code states "A Commissioners Court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city." On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously pursuant to Section 42.007 of the Texas Election Code, that Election Precincts 2a, and 42 be divided, Election Precincts 2b, 80, 41 be combined, Election Precincts 83 and 84 be created and Election Precinct 64 be incorporated to follow the City of College Station city limit lines as follows: a. Election Precinct 2a be divided with a portion of Election Precinct 2a remaining as Election Precinct 2a and the other portion becoming part of the existing Election Precincts 2b and 80. Exhibits A & B are attached. b. Election Precincts 2b and 80 be extended to follow the new City of College Station city limit lines with the polling places being at the current polling location. Vol 10Page iP Commissioners Court meeting April 29, 2008 4 c. Election Precinct 42 be divided with the portion removed from Election Precinct 42 be combined with Election Precinct 41. Exhibit "C" is attached. d. Election Precinct 41 be extended to follow the new City of College Station city limit lines with the polling place remaining at the current polling location; e. Election Precincts 83 & 84 be created to follow the new City of College Station city limit lines with the polling place to be at the Wellborn Community Center, combined with Election Precincts 2a, 2b, 2c & 82. Exhibit "D" is attached. f. Election Precinct 64 be incorporated into the City of College Station keeping the original precinct lines and polling place. Exhibit "E" is attached. and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D. C. requesting the pre -clearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. The County Judge read aloud Proclamation #08-004 designating the month of April 2008 as "National Relay for Life Month" in Brazos County. The Court joins with the local Chapter of the American Cancer Society to urge all citizens to join in this campaign to save lives, create awareness, and continue the fight against cancer. On motion by the County Judge, seconded by Commissioner Mallard the Court voted unanimously to proclaim the month of April as "National Relay Vol 1 0 g Page 7 Commissioners Court meeting April 29, 2008 5 for Life Month" throughout Brazos County further proclaimed that May 2, 2008 be established as National Relay for Life Day. The County Judge read aloud Proclamation #08-005 designating the May 8, 2008 as "M.L. Cashion Day". The Court joins with the Mayors of Bryan and College Station to honor this Bryan native for his service to the community. On motion by the County Judge, seconded by Commissioner Wassermann the Court moved to proclaim the May 8, 2008 as "Red Cashion Day" throughout Brazos County. The next matter before the Court was consideration of the reappointment of individuals to serve on the Brazos County Child Welfare Board. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to table consideration of the matter. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and Travis County for Medical Examiner Services. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. The Agreement's term shall commence on the date on which the last party signs it and will continue until September 30, 2008. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to enter Vol 1Og' Page Commissioners Court meeting April 29, 2008 6 into an Interlocal Agreement with Travis County for Medical Examiner Services. A copy is attached. The next matter before the Court was consideration of a request from the Director of the Information Technology Department seeking reimbursement in the amount of $15.00 for a parking ticket he received while in Austin on April 17, 2008. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to deny the request for reimbursement. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization seeking approval for out of state travel for Director, Linda LaSut to Baltimore Maryland to attend the Transportation Research Board 2008 Joint Summer Meeting June 15-18, 2008. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Metropolitan Planning Organization and approved payment of out of state travel expense for Ms. Linda LaSut. The next matter for consideration by the Court was a request submitted by the District Attorney seeking approval for out of state travel for Assistant District Attorney Shane Phelps to travel to San Diego, California to attend a Special Prosecutions -Constructing the Complex Case Conference May 4-8, Vol Page 9 Commissioners Court meeting April 29, 2008 7 2008. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the District Attorney and approved payment of out of state travel expense for Mr. Shane Phelps. The next matter for consideration by the Court was a request submitted by the Director of the Information Technology Department seeking approval for out of state travel for Blake Lambright to attend training in Chicago, Illinois June 16-20, 2008. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Director of the Information Technology Department and approved payment of out of state travel expense for Mr. Blake Lambright. The next matter for consideration by the Court was a request submitted by the Director of the Information Technology Department seeking approval for out of state travel for Dr. Ikpe Okorafor to attend training in Chicago, Illinois May 26-30, 2008. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Director of the Information Technology Department. Vol 1v-8 Page 16 Commissioners Court meeting April 29, 2008 8 The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Carlos M. Badillo, over payment $130.35 b. Earthbound Trading Company, over payment $1,162.61 c. Kelly Elizabeth Hansell, over payment $10.65 d. Victoria Johnson, over payment $8.47 e. Revez Grand LP, over payment $7.98 f. Lisa Ann Rice, over payment $45.32 g. Carlie English Sego, over payment $10.00 h. Jason & Jennifer Snook, over payment $25.10 i. Jack Stone, over payment $5.08 On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Richard Withers, Jr. on Old Reliance Road to repair and area of county right- of-way disturbed during previous roadway construction. The site is located in precinct 2. Gary Arnold with the Road & Bridge Department noted that entry on to property would be minimal. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the work. Vol 10-8 Page �� Commissioners Court meeting April 29, 2008 9 The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Douglass H. Garrett on Fickey Road in Precinct 2 to re -channel a creek. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The next matter before the Court was consideration of an Amendment to Resolution No. 07-033 for Federal Off -System Bridge replacement or Rehabilitation Program concerning the bridge structure on Leonard Road at Thompson Creek that allows Brazos County to provide to the State, the required topographical and design surveying necessary to develop the project. The site is located in Precinct 4. The original Resolution was approved in Commissioners Court on February 27, 2006. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve the amendment to Resolution No. 07-033. A copy is attached. The Court next considered a payment authorization to the Travis County Medical Examiner in the amount of $500.00 for expert testimony in a trial. A purchase order was not obtained in advance. On motion by Commissioner Mallard, Vol 1 OS Page Commissioners Court meeting April 29, 2008 10 seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The Court considered a payment authorization in the amount of $576.00 to Brazos Valley Sewer & Drain to clear 700 feet of a 4 inch drain at the Road & Bridge Department wash rack. No purchase order was obtain in advance. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a Correction Tax Resale Deed correcting the original deed to Twin City Mission, Inc., dated May 1, 1995 and is recorded in Volume 2461, Page 349 of the Official Records of Brazos County, Texas. The Correction Deed replaces the original deed where the full property description was omitted. The Court acknowledged the deed. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns the following spoke: Sheriff Chris Kirk a) There were 578 inmates last night in the Brazos County Jail. There are 87 on electronic monitoring and 37 pending for electronic monitoring. Vol (u1 Page lb Commissioners Court meeting April 29, 2008 11 b) There will be a jail inspection on May 27, 2008 and we will most likely get a warning on population which is standard. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended the CUC conference. It was a good meeting. Senator Cornyn, Chairman of Transportation was present. There being no further business to come before the Court, the meeting was adjourned. Vol 1 Page 1 The foregoing minutes of the Commissioners Court meeting held April 1, 2008 have been examined and are approved in open Court this the aNj_ day of Gc--, , 2008, in Bryan, Brazos County, Texas, Randy Si County judge Duane Peters Commissioner, Precinct 2 Corc E=v ey C u ey, Jr. / Attest: ren McQueen County Clerk Commissioner, Precinct 4 Vol la Page 1,,S k Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallar Commissioner,Precinct BRAZOS COUNTY COMMISSIONERS COURT MEETING ON £f24i.:1 J,1 2008 AT Name (PLEASE PRINT) Organization/Department at Aoo (40 i 0.__, ,_ 1 eci- +1 p, ,9-/-d,,,,, ,(c 1ei JL(-t eudgct Vit,,-(--/itc-,--& eg,L &Ca) r\I-QX"\Cfl-Z \-.‘ WkS2-1k) ems I J 7,eS 604 %/ ,cA- -1 r ~-,:i.c _cit,21_,:a4ciul_ctii,*._ - O A- 32a.c., ei2-(aid--, et)S6--y-- - 7U -I ,&cso L.)! sa.khoo- +iic-. (...1.1)Gdc____---7,„ Zip E 1 117 1 14AA/le ,,___ 7-3 L..,.91 --,_.,---- t• Wi) (� BRAZOS COUNTY COMMISSIONERS COURT MEETING ON a-9 2008 AT 9.'DD CcA/t • Name (PLEASE PRINT) w f Organization/Department Al i-c,,ca,L I 14,,,,,i,,,‘,_,_ f- s/ P /A,fc ,i17/eeObylvvrx/u , Cf-- • (g IG� i< Pot, VOLLPAGE L o BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-27.1 -- Previously Tabled -- On this the 29th day of April 2008 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 29 April 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29th day of April 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. B Ran. Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 27.1 4/29/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 67342000 CR Furniture 5,436.00 4500 63000500 67203000 DR Minor Computer Hardware 5,436.00 Capital Improvement Fund: Commissioner's Court To reallocated funds to the proper account to allow for the purchase and installation of two video projectors to be used at the EOC. The cost of this purchase will be split by entities. Prepared By: Date: ifj 4/17/2008 Department Approval Date County J ge Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-28.1 thru 07/08-28.5 On this the 29`h day of April 2008 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 29 April 2008 the Court heard and approved a budget amendment for the 2007-2008 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29th day of April 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy . ms, County Judge Original: ' County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 28.1 4/29/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 500.00 0100 16500100 72950000 DR Professional Fees 500.00 Purchasing Administration ro reallocate funds to allow for the replacement of the card reader for the fuel system as well as additional cards. Prepared By: Date: ifj 4/23/2008 ounty J • dge Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 28.2 4/29/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 318400 60080000 31840800 CR Clothing/Uniforms 170.00 3000 318400 72157000 31840800 DR Counseling Services 170.00 Brazos County Grant Fund: TJPC-G-ProgSanctns To reallocate funds to allow for additional counseling services. Prepared By: ifj Date: 4/23/2008 Department Approval Date 4/627O County J . • ge Approval Date I aci BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 28.3 4/29/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000100 59100000 CR DDEA 699.00 0100 23000100 67670000 DR Printers 699.00 County Court At Law #1: Matzke To reallocate funds to allow for the purchase of a printer for the Criminal Court Coordinator. Prepared By: ifj Date: 4/23/2008 Department Approval Date County i dge Approval Da e ion D7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 28.4 4/29/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 51440000 CR Salary -Law Enforcement 29,177.00 0100 28000100 51640000 DR Hourly -Temporary 29,177.00 Sheriff Administration To reallocate funds to allow for the Chief Administrator temporary position. This will move the budgeted funds to the appropriate account number. Temporary position created by Commissioner's Court on 4/21/08 item 7. Prepared By: ifj Date: 4/23/2008 Department Appro County J • ge A • royal Date Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 28.5 4/29/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 51610000 CR Hourly -Staff 5,376.00 0100 28000100 71030000 DR Employment Services 5,376.00 Sheriff Administration To reallocate funds to allow for the use of a temporary employment service for more time to evaluate skills and abilities of qualified candidate for the position from May 1, 2008 through July 31, 2008. Funds will be moved from budgeted at: I I Class Code 1435, Group 10, Step 2, Clk 1 -Evidence SO. @ $1 1.00/hour, annual salary of $23,056. Prepared By: Date: ifj 4/23/2008 Department Approval Date County J • ge Approval Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 29, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Applies To Employee Request Action Requesteu Brazos Center Henry, Remington New Hire Building Maintenance Heard, Cynthia Resignation Justice of the Peace Pct.4 Langley, Melissa Resignation Juvenile Services O'Connor, Kevin State Stipend Purchasing Mann, Maria Resignation SO-Admin Collins, Clyde New Hire Williams, Leslie Transfer So -Jail Arredondo, Guadalupe New Hire Contreras, Miguel New Hire Tax Office Garcia, Ashley Needham, Vanessa Approved in Commissioners' Court: April 29, 2008: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) New Hire Resignation ORDER DIVIDING, COMBINING, CREATING AND INCORPORATION OF ELECTION PRECINCTS ACCORDING TO THE CITY OF COLLEGE STATION, TEXAS ANNEXATION ORDINANCE WHEREAS, the City of College Station approved by Ordinance #3049 the annexation of approximately 6,822 acres of land located in Brazos County, Texas; and WHEREAS, the new boundary lines of the City of College Station do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 of the Texas Election Code states "A commissioners court may not establish a county election precinct containing territory inside a city with a population or 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of College Station city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of two (2) voting precincts with combining the annexed portions into three (3) established voting precincts, the creation of two (2) new voting precincts and the incorporation of one (1) established voting precinct; and WHEREAS, Section 42.008 (1) of the Texas Election Code provides for combining election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, that Pursuant to Section 42.007 of the Texas Election Code that Election Precincts 2a, and 42 be divided, Election Precincts 2b, 80, 41 be combined, Election Precincts 83 and 84 be created and Election Precinct 64 be incorporated to follow the City of College Station city limit lines in Brazos County, Texas, to wit: 1. Election Precinct 2a be divided with a portion of Election Precinct 2a remaining as Election Precinct 2a and the other portion of becoming part of the existing Election Precincts 2b and 80 (See Exhibit A and B); 107) Order 08-005 2. Election Precincts 2b and 80 be extended to follow the new City of College Station city limit lines with the polling places being at the current polling location; 3. Election Precinct 42 be divided with the portion removed from Election Precinct 42 be combined with Election Precinct 41 (See Exhibit C); 4. Election Precinct 41 be extended to follow the new City of College Station city limit lines with the polling place remaining at the current polling location; 5. Election Precincts 83 and 84 be created to follow the new City of College Station city limit lines with the polling place to be at the Wellborn Community Center, combined with Election Precincts 2a, 2b, 2c and 82 (See Exhibit D); 6. Election Precinct 64 be incorporated in to the City of College Station keeping the original precinct lines and polling place (See Exhibit E); 7. That submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. ADOPTED this day of ,jprL 1. , 2008 by a vote of 3 AYES and NAYS. ATTEST: AA -et Ac Karen McQueen, County Clerk ion Randy : ims, County Judge Order 08-005 IJE� G6 „5,4 0 College Station Exhibit C -Mit, 30 VALLEYBROOT i �}1- FOR�c1,T ��' 4i+ i. GP85Ttg;4E" \ 4 CODY DR SUN CREEK CR (WJ.). / r i 1 CHSIRCH ST a 1 U %1it B3 I RD / 4". f `e 9•: 4, 3u `. , s • Attlycp, SMUGGLERS' RO -� Exhibit A ia 3a - , 'Po % t p Q e $e 4v, /-.S• l Wal ‘N.).al) 4 .N / %3 ,..-- #\. s1 o- @' a0 :•::---?:;-:::"'. tC�y :% :�. %` .• :::• /„ ••••... :::::::: ‘,:: \� �• .. :' :::: ../......•,,• ... �\ ON °Fx (-;;•:;',.,,,, r:: 4-47 / SMUGGLER& RC \ Exhigg • 4-P,,// �\:` v\\ ja\t\13. 4 4 C CAPs�apylONE 35A EASIRRW000 AIRPORT Exhibit E tot 34' Interlocal Cooperation Agreement for Medical Examiner Services Between Travis County and Brazos County This Agreement is made by the following parties: Travis County, a political subdivision of the State of Texas, and Brazos County, a political subdivision of the State of Texas. Recitals Brazos County has not established and does not maintain a medical examiners office and is not part of a medical examiners district. Travis County desires to provide medical examiner services to Brazos County, if requested. Both Travis County and Brazos County have the authority to enter into an interlocal cooperation agreement for the purpose of rendering and receiving medical examiner services under Texas Government Code chapter 791. Agreement Travis County and Brazos County mutually agree to the terms and conditions stated in this agreement. 1.0 Definitions In this agreement: 1.01 "Autopsy" means a postmortem examination of the body of a person to determine the cause of death or the nature of any pathological changes that may have contributed to the death, or to identify the person. An autopsy includes, at the discretion of the doctor performing the examination, an examination of the internal organs and structures after dissection; an external examination of the body only; taking or removing from a body organs, tissues and body fluids for examination; taking x-rays and photographs; and toxicological analysis. 1.01 "Justice of the Peace" means any person lawfully holding the office of justice of the peace in Brazos County. 1.02 "Medical Examiner" means the Travis County Medical Examiner, or his designee. 1.03 "Medical Examiner Testimony" means to provide expert testimony, on any autopsy provided under this agreement, by the medical examiner or any member of the medical examiner's staff. 2.0 Term 2.01 Initial Term. This agreement's initial term shall commence on the date on which the last party signs it and shall continue until September 30, 2008. -1- ion � 2.02 Automatic Renewal. After that date, this agreement shall automatically renew on October 1, 2008 for an additional term of one (1) year, and shall automatically renew for additional terms of one (1) year on October 1 of each subsequent year unless terminated under 10.0. 3.0 Brazos County Responsibilities 3.01 Authority to Order Services. A Justice of the Peace may request the Medical Examiner to perform an autopsy or to provide any medical examiner testimony that Brazos County needs. A County Judge operating under Texas Code of Criminal Procedure article 49.07(c)(2) may also request the Medical Examiner to perform an autopsy. 3.02 Written Request. A Justice of the Peace requesting an autopsy shall submit to the Medical Examiner a signed order in the designated format of Attachment A. In addition, the Justice of the Peace must contact the Medical Examiner a minimum of one (1) hour before a body is delivered to notify the Medical Examiner that a body will be arriving and to provide information about the decedent. 3.03 Required Records. Upon request, the Justice of the Peace requesting an autopsy shall make reasonable efforts to send all investigative reports and photos to the Medical Examiner within thirty (30) days of the Medical Examiner's receipt of the body. Upon request, the Justice of the Peace shall make reasonable efforts to provide the decedent's medical history, including the decedent's medical records, if any, and a list of the decedent's medications by fax or e-mail to the Medical Examiner within forty-eight (48) hours of the Medical Examiner's receipt of the body. In addition, where the body's identity is at issue, the Justice of the Peace is responsible for obtaining the relevant dental and other potentially identifying records to send to the Medical Examiner. 3.04 Rates. If a Justice of the Peace requests the Medical Examiner perform an autopsy, Brazos County shall pay Travis County $2300 per body requiring an autopsy that includes dissection and examination of internal organs, and $800 per body requiring only an external examination. If Brazos County requires medical examiner testimony, Brazos County shall pay Travis County a non -prorated $300 for the first three hours of testimony, and a non -prorated $100 per hour for each subsequent hour of testimony. Travis County may require Brazos County to pay a non -prorated $35 per day for each body that remains at the Travis County Forensic Center beyond seventy-two (72) hours after the Medical Examiner has faxed Brazos County the preliminary findings for an identified body. 3.05 Payment. Texas Government Code chapter 2251 governs payments to Travis County for its medical examiner services. 3.06 Responsibility for Claims. Brazos County expressly agrees and acknowledges that - Brazos County shall be responsible for any and all claims, causes of action, suits, losses, damages, and liability of any kind, including all litigation expenses, court costs, and attorney's fees, for any person's injury or death, or for damage to any property arising in connection with the medical examiner services performed for Brazos County under this agreement, other than for willful or malicious acts or omissions by the medical examiner or any other Travis County officer, agent, or employee, for which liability, if any, shall be determined under Texas law. 3.07 Brazos County reserves the right to seek medical examiner services from any other source during the term of this agreement. 4.0 Travis County Responsibilities 4.01 Providing Medical Examiner Services. The Medical Examiner shall perform any autopsy ordered by any Justice of the Peace, with certain exceptions outlined below. The Medical Examiner may deny a request for services for the following reasons: 4.01.1 If at the time of the request the Medical Examiner determines there is a compelling need to deny the request. For the purposes of this section, "compelling need" includes a significant staff shortage, mass disaster, or other emergency circumstance; 4.01.2 As one of the remedies outlined in Texas Government Code section 2251.051 for a governmental body's failure to pay a vendor; 4.01.3 If the request for medical examiner services does not comply with 3.02; or 4.01.4 If the Justice of the Peace did not comply with 3.03 in a previous request. 4.02 Reliance on Order. Travis County may rely on any order by any Justice of the Peace as an authorized request of Brazos County. 4.03 Invoices. If Travis County provides medical examiner services to Brazos County, Travis County shall invoice Brazos County at the rates in 3.04, or at the rates as amended under 7.02. If Brazos County notifies Travis County that any invoice lacks sufficient information and specifies what information is needed, Travis County shall provide the additional information within ten (10) days of that notice. 5.0 Compliance with the Law 5.01 Brazos County and Travis County shall comply with all laws, rules, and regulations applicable to this agreement. 6.0 Retention, Accessibility, and Audit of Records 6.01 Custodian. The Justice of the Peace who requests an autopsy under this agreement is the custodian of the records generated by the Travis County Medical Examiner's office in providing the autopsy. -3- ion 37 6.02 Travis County Retention. Travis County shall maintain all records and documentation it generates in providing autopsies under this agreement in a readily available state and location. 6.03 Access. Travis County shall give the requesting Justice of the Peace, or the judge's duly authorized representative, access to and the right to examine all autopsy records, reports, files, and other papers related to this agreement at reasonable times and for reasonable periods. These rights to access shall continue as long as these records are retained by Travis County. Travis County shall make copies and certified copies of records, reports, files and other papers available to the requesting Justice of the Peace, or the judge's duly authorized representatives, at no charge. 7.0 Amendments 7.01 Formal Process. Any change to this agreement's provisions, except for changes to the rates in 3.04, shall be made in writing and signed by both parties. Brazos County acknowledges that no Travis County officer, agent, employee, or representative has any authority to change this agreement's provisions unless the Travis County Commissioners Court expressly grants that authority. Travis County acknowledges that no Brazos County officer, agent, employee, or representative has any authority to change this agreement's provisions unless the Brazos County Commissioners Court expressly grants that authority. 7.02 Amending 3.04 Rates. Travis County may amend the rates stated in 3.04 by sending a notice of rate change under 11.0 to Brazos County at least sixty (60) days before the change is to become effective. If Brazos County does not send a notice under 11.0 stating that the change is unacceptable before its effective date, Brazos County shall accept the rates stated in the notice of rate change and shall pay those rates for any medical examiner services or medical examiner testimony that Travis County provides after the effective date. 7.03 Brazos County Request. Brazos County shall submit all requests for changes to this agreement to the Medical Examiner. The Medical Examiner shall present Brazos County's requests to the Travis County Commissioners Court for consideration. 7.04 Travis County Request. Travis County shall submit all requests for changes to this agreement to the Brazos County Judge. The Brazos County Judge shall present Travis County's requests to the Brazos County Commissioners Court for consideration. 8.0 Payments from Current Revenues 8.01 Each party paying for the governmental functions or services shall make those payments from current revenues available to the paying party. 9.0 Non -Waiver and Reservation of Remedies 9.01 Non -Waiver. Any act of forbearance by either party to enforce any of this -4- ►off 3 g agreement's provisions shall not be construed as this agreement's modification or as a waiver of the other party's concurrent or future breach or default. Either party's failure to exercise any right or privilege granted in this agreement shall not be construed as a waiver of that right or privilege. 9.02 Reservation of Rights and Remedies. All rights of both parties under this agreement are specifically reserved. Any payment, act or omission by a party shall not impair or prejudice that party's remedies or rights under this agreement. Any right or remedy stated in this agreement shall not preclude exercising any other right or remedy, whether under this agreement, the law, or at equity; and neither shall any action taken in exercising any right or remedy be deemed a waiver of any other rights or remedies. 10.0 Termination 10.01 Either party may terminate this agreement at any time, with or without cause, by giving the other party written notice of its intent to terminate at least thirty (30) days prior to the termination's effective date. 10.02 Rights Surviving Termination. If either party terminates this agreement, Travis County has a right to payment for all services provided before the effective date of termination that have not been paid for. 11.0 Notices 11.01 Notice Method. Any notice required or permitted to be given under this agreement by one party to the other shall be in writing. If notice is delivered in person to the appropriate address in 11.02 or 11.03, it shall be deemed to have been given immediately. Alternatively, if notice is addressed to the appropriate address in 11.02 or 11.03 and placed in the United States mail, postage prepaid by registered or certified mail with return receipt requested, it shall be deemed given on the third day following mailing. 11.02 Travis County Address. Travis County's address for all purposes under this agreement shall be: Honorable Samuel T. Biscoe (or his successor in office) Travis County Judge P. O. Box 1748 Austin, Texas 78767-1748 With copies to (registered or certified mail is not required): Honorable David Escamilla (or his successor in office) Travis County Attorney P. O. Box 1748 Austin, Texas 78767-1748 -5- Its and David Dolinak, M.D. (or his successor) Travis County Medical Examiner P. O. Box 1748 Austin, Texas 78767-1748 and Cyd V. Grimes (or her successor) Travis County Purchasing Agent P.O. Box 1748 Austin, Texas 78767-1748 11.03 Address of Brazos County. The address of Brazos County for all purposes under this agreement and for all notices shall be: Honorable Randy Sims (or successor in office) Brazos County Judge 300 E. 26th St., suite 114 Bryan, Texas 77803 11.04 Change of Address. Each party may change the address for notice to it by giving notice of the change under 11.01. 12.0 Assignability 12.01 Neither party may assign any of the rights or duties created by this agreement without the other party's prior written approval. Brazos County acknowledges that no Travis County officer, agent, employee or representative has any authority to grant such assignment unless the Travis County Commissioners Court expressly grants that authority. Travis County acknowledges that no Brazos County officer, agent, employee or representative has any authority to change this agreement's provisions unless the Brazos County Commissioners Court expressly grants that authority. 13.0 Entire Agreement. 13.01 This agreement and its attachment, incorporated here by reference and inclusion, represent the entire agreement between the parties and supersedes all prior representations, agreements, statements, and understandings relating to its subject matter, whether verbal or in writing. 14.0 Interpretation of Contract 14.01 Law. This agreement shall be governed by the laws of the State of Texas. -6- 10.$ 4b 14.02 Severability. If any portion of this agreement is ruled invalid by a court of competent jurisdiction, the remainder of the agreement shall be construed as if that portion were not included in the agreement and shall remain valid and binding. 14.03 Time Computation. When any period of time is stated in this agreement, the time shall be computed to exclude the first day and include the last day of the period. If the last day of any period falls on a Saturday, Sunday or a day that either Travis County or Brazos County has declared a holiday for its employees, these days shall be omitted from the computation. 14.04 Number and Gender. Words of any gender in this agreement shall be construed to include any other gender and words in either number shall be construed to include the other unless the context in the agreement clearly requires otherwise. 14.05 Headings. The headings at the beginning of this agreement's provisions have been included only to make it easier to locate the subject matter covered by that section or subsection and are not to be used in construing this agreement. 15.0 Legal Authority 15.01 Brazos County Signors. An individual signing this agreement on behalf of Brazos County, or representing himself to be signing this agreement on Brazos County's behalf, does hereby warrant and guarantee that Brazos County authorized the individual to sign this agreement on Brazos County's behalf and to bind Brazos County validly and legally to this agreement. 15.02 Travis County Signors. An individual signing this agreement on Travis County's behalf, or representing himself to be signing this agreement on Travis County's behalf, does hereby warrant and guarantee that Travis County authorized the individual to sign this agreement on Travis County's behalf and to bind Travis County validly and legally to this agreement. 16.00 Duplicate Originals 16.01 This document may be executed in duplicate originals. Executed as of the later date set forth below. TRAVIS COUNTY BRAZOS C By: By: Samuel T. Biscoe, County Judge Travis County, Texas Randy s, County Judge Brazo ounty, Texas Date: Date: -7- 1��11,i Attachment A ORDER REQUESTING AUTOPSY I, , Justice of the Peace, Precinct authority vested in me by law, hereby order an autopsy upon the body of: Decedent's Full Legal* Name: (From government issued ID) (Last) (First) Date of Death: , Brazos County, Texas, upon the (Middle) I hereby authorize Dr. David Dolinak, Travis County Chief Medical Examiner or his designee, to perform a post mortem examination of the decedent and to remove and retain such organs, tissues, or fluids as may be necessary for further study to determine cause and manner of death. Please mail a copy of the report to: Phone #: Fax #: Email: I further order the Travis County Medical Examiner to release the body to upon completion of the autopsy. Judge Date Failure to provide the full legal name may result in the Medical Examiner's refusal to provide requested services. -8- ite CSJ District Code Chart 64 Project: NBI Structure No. STATE OF TEXAS § COUNTY OF TRAVIS § 0917-29-104 Bryan (17) 50021 (Brazos County) BR 2007(872) 17-021-0AA0274-001 CONSTRUCTION AND MAINTENANCE AGREEMENT For Bridge Replacement or Rehabilitation Off the State System AMENDMENT NO. 1 THIS Advance Funding Agreement Amendment (the Amendment) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and Brazos County, acting by and through its duly authorized officials, hereinafter called the "Local Government." THIS Amendment relates to the Local Government's desire to expedite the completion of this bridge replacement project by providing to the State the required topographical and design surveying necessary to develop the project. WITNESSETH WHEREAS, the State and the Local Government executed an agreement on April 17, 2007 to effectuate the project to replace the Thompson Creek Bridge on CR 274 (Local Road Designation Leonard Road) under the federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP); and WHEREAS, the Local Government has offered to provide the required topographical and design survey data necessary for the State to develop this off -system bridge replacement project; and WHEREAS, the State has determined this offer will expedite the development and construction of the project and is in the best interest of the citizens of the State; and WHEREAS, all surveying activities will be performed in accordance with Texas Department of Transportation's Survey Manual; and WHEREAS, the Local Government will be one hundred (100) percent responsible for any costs associated with obtaining this survey data; and WHEREAS, the cost of this survey work will not offset the Local Government's estimated participation cost as shown on Attachment D, Estimate of Direct Costs, which is part of the original agreement. Page 1 of 3 lo$ CSJ District Code Chart 64 Project: NBI Structure No. 0917-29-104 Bryan (17) 50021 (Brazos County) BR 2007(872) 17-021-0AA0274-001 NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows. AGREEMENT Article 1. Description of Amendment Items Amendment Item A. — Article 10, "Architectural and Engineering Services will be Provided by the State", is deleted and replaced by the following: The State is responsible for performance of any required architectural or preliminary engineering work except the topographical and design surveying. The Local Government agrees to provide the required topographical and design survey data necessary for the State to develop this off -system bridge replacement project. All surveying activities will be performed in accordance with the Texas Department of Transportation's Survey Manual. The Local Government will provide this survey data in a format acceptable to the State. All costs associated with obtaining this data will be borne by the Local Government. This cost will not offset the Local Government's estimated participation cost as shown on Attachment D, Estimate of Direct Costs, which is part of the original agreement. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local purposes to the degree permitted by state and federal law. The Local Government review shall not unduly delay the development of the Project. All other provisions of the original agreement remain in effect unchanged. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. Page 2 of 3 101. CSJ District Code Chart 64 Project: NBI Structure No. 0917-29-104 Bryan (17) 50021 (Brazos County) BR 2007(872) 17-021-0AA0274-001 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOYERNM T By: Randy Sims Signature Printed Name of Signatory Title: County Judge, Brazos County Date: q/p2Wipy THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: William R. Cox, PE Director, Bridge Division Page 3 of 3 !b$ RESOLUTION WHEREAS, the federal Highway Bridge Rehabilitation and Replacement Program is administered by the Texas Department of Transportation (the State); and WHEREAS, its purpose is to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets, both on and off the state highway system; and WHEREAS, Brazos County, hereinafter referred to as the Local Government, owns a bridge located on CR 174 tTaTonmal RNA over Thompson Creek National Bridge Inventory (NBI) Structure Number 17-02J-0440274-001; and WHEREAS, a project to remedy the bridge is included in the currently approved program of projects authorized by Texas Transportation Commission Minute Order Number 110479 dated March 30. 2006; and WHEREAS, the usual participation ratio for this project is 80 percent federal, 10 percent state and I 0 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section I5.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions, the State may waive the 10 percent Local Government participation requirement if the Local Government agrees to perform, or causes to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross -drainage structures within its jurisdiction. This structural improvement work will be referred to as an "equivalent -match" project (EMP); and WHEREAS, the Local Government's estimated participation requirement in the approved off - system bridge project, listed below and hereinafter referred to as the "participation -waived" project (PWP), is $90.875; and PARTICIPATION -WAIVED PROJECTS ESTIMATED PROJECT COST PARTICIPATION BY LOCAL GOVERNMENT CR 274 (Untied Road) At Thompson Creek CSJ 0917-29-104 NBI No. I7-021-0AA0274-001 $908,750 $90,875 Total Estimated Cost S908,750 $90,875 WHEREAS, the Local Government proposes that their participation in this project be waived in return for performing, or causing to be performed, the equivalent -match project structural improvement work as defined above. Rra:os County Resolution for CSJ 0917-29-104 Page 1 of gq 11-(p Rewludo. N07.003