HomeMy WebLinkAbout2008-04-29-9:00AM-REGULARBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
\pt 25 p 42
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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
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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
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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