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HomeMy WebLinkAbout2005-05-03-9:00AM-Regular. c. p i. OF T E.f n of do NTY O F g4-e- - Z: 2 14 BRAZOS COITNTY BRYAl~h TEKAS 4 - ~ 1 _ ,.x rte" NOTICE OF MEETING AND AGENDA - SRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZ 3S COUNTY WILL MEET IN REGULAR SESSION ON 3 MAY 2005 AT 9:00 A.M_ IN THE COMIVIISSIONERS COURTROOM OF THE BIZA_?OS COUNTY COURTHOUSE 300 E. 26r" STREET, SUITE 115, BRYAN, TEx.~a c_ 1 _ Invocation and Pledge of Allegiance - Commissioner Cauley 2. Call for citizen's input and/or concerns. Consider and take action oa agenda items 3 - 16: 3. Budget Amendment 04/05-25.1 thr 04/05-25.6 4. Personnel Change of Status. S- Payment o£ Claims. 6. Selection of Don Gray Company to manage the Brazos Cotmty Property / Liability Insurance RFP. 7. Policy on Workers' Compensation, to be incorporated into the Brazos County Policy Procedures Manual. 8. Donation of a computer to the Brazos County Sheriff's Office by the Brazos County Sheriff's Office Citizen's Academy Alumni Association. Estimated value is $900.00. 9. Request by the Brazos County Health Department for $2,250.00 to £malize the sewer connections for the West 28- Street Improvements project. C R.- V. the County Judge - 300 East 24 °i SL Sui[o 114 - Ory- T-ma 778O3 - v-- (sTs3 381{503 V Off. Ta pA6E ? ~ 2 Commissioners Court Agenda 3 May 2005 Page 2 10. Appointment of the following individuals to the Homeland Security Advisory Committee: a. Jim Barker reappointment b. Mike Donaho reappointment c. Mike Patterson replaces Edgar Feldman d. Demerle Giordano reappointment e. Brian Hilton reappointment f. Julie Anderson reappointment g. Freddie Komar reappointment h. Jim Mann reappointment i. Chris Meyer reappointment j. Nathan Sivils reappointment k. Kenny Mallard replaces Richard Vance Term for each appointment is 5/01/2005 through 4/30/2006. 11. Tax Refund Applications for the following: a. First American Real Estate Tax Service 12. Addendum to the current Brazos County Subdivision and Development Regulations establishing requirements for driveway culverts and obstructions (i.e. mailboxes, sidewalks, etc.) on County right of way. 13. Final Plat of Vintage Hills Subdivision Phase 2, 16.203 acres, block 1, lots 9 thru 22, Thomas M. Splane League survey, A-53, Brazos County, TX. Site is located in Precinct 2. 14. Permission to enter J. O. Siegert's property located off Burt Road for the purpose of building a temporary fence, if needed, around workspace to accommodate new bridge construction, and to re-route a creek channel to align with the bridge for proper drainage; improvements are for the health, safety and welfare of the general public. Site is located in Precinct 4. 15. Acceptance of a Special Warranty Deed from J. O. Siegert and wife, Sondra Siegert for improvements to Burt Road located in Precinct 4. 16. Brazos County Treasurer's Report for the Month of March 2005, and the quarter ending 3/31/2005. 17. Acknowledgement of the Investment Report for the quarter ending 3/31/2005. 18. Acknowledgement of the Monthly Reports submitted in April 2005. These reports are available for review in the County Judge's Office. 19. Announcement of interest items and possible future agenda topics. 20. Call for citizen input and/or concerns. 21. Agency / Board / Committee reports by Court members. 22. 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 the meeting. To make arrangements, call (979) 361-4102. VOL 69 PAGE 15-3 rtlU,1 i''i1 %C 7 f. jCl BRAZOS COUNTY BRYAN, TEXAS NOTICE OF ADDENDUM TO THE AGENDA li BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 3 MAY 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item: 1. Intergovernmental Agreement with the City of Kurten for road maintenance. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two busness days prior to the meeting. To make arrangements, call (979) 3614102. Brazos County Courthouse • 300 East 200 St. Suite 106 • Bryan, Texas 77803 . Fax: (979) 823-6993 VOL PAGE I6) COMMISSIONERS' COURT REGULAR MEETING MAY 3, 2005 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, May 3, 2005 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; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley deferred to Reverend Jones for the invocation but Commissioner Cauley led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-25.1 through 25.6 that would reallocate funds for the Risk Management Department, Constable, Precinct 2, Juvenile Services-Detention, Constable, Precinct 4, District Clerk (DC) Administration, DC Jury Services, DC Collections, Sheriff Administration-Courthouse Security, Juvenile Services (JS)-TYC Vol Page J 5S Commissioners Court meeting May 3, 2005 2 Parole, JS Title IV-E, and JS Community Corrections; transfer funds from Contingency to Justice of the Peace, Precinct 3 and Constable, Precinct 3. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which 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 Cauley, seconded by Commissioner Peters, 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: 7006386 through 7006633 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the selection of a company to manage the Brazos County Property/Liability Insurance RFP. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to select Don Gray, ARM to manage the Property/Liability Insurance RFP Vol t8 Page IS 40 Commissioners Court meeting May 3, 2005 3 selecting only items 1-12 of his proposal. A copy is attached. The next matter before the Court was the Policy on Workers Compensation. Commissioner Peters moved to approve the policy. Commissioner Wassermann seconded the motion. After considerable discussion Commissioners Peters and Wassermann withdrew their motion and second. Then on motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to amend the current policy to state that the employee who has suffered an on the job injury will not be compensated as though he/she was still on the job for the first five (5) days he/she is off work until Workers Compensation coverage begins. This will be effective immediately. The motion carried unanimously. The Court next considered authorizing acceptance of donated property from the Brazos County Sheriff's Office Citizen's Academy Alumni Association. The Sheriff's Office has been offered a computer valued at $900. If accepted, it will be used to replace a non-networked computer that houses the Registered Sex Offender files. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the donated property. The next matter before the Court was a request from the Vol 6 9' Page 167 Commissioners Court meeting May 3, 2005 4 Health Department for $2,250.00 to finalize the sewer connections for the West 28th Street Improvements projects. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request with funds coming from grant monies. The Court next considered the appointment of individuals to serve on the Homeland Security Advisory Committee. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the following individuals to serve on the committee from May 1, 2005 through April 30, 2006: a. Jim Barker-South Brazos County Fire Department b. Mike Donaho-Bryan Fire Chief c. Mike Paterson-Asst. Chief College Station Police d. DeMerle Giordano-Brazos Co. Emergency Management e. Brian Hilton-College Station Emergency Managemt. f. Julie Anderson-Health Department g. Freddie Komar-Asst. Chief Bryan Police h. Jim Mann-Chief Deputy, Sheriff's Department i. Chris Meyer-TAMU Emergency Management k. Nathan Sivils-Bryan Emergency Management 1. Kenny Mallard-Commissioner Commissioner Mallard then asked to amend the motion to include Chief R. B. Alley who is the College Station Fire Chief. Commissioner Peters seconded the motion and it carried unanimously. The next matter for consideration was approval of tax refund applications from the following individual and/or Vol (03 Page 15 R Commissioners Court meeting May 3, 2005 5 company: a) First American Real Estate Tax Service, payment in error $1,957.09 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund application. The next matter before the Court was an addendum to the current Brazos County Subdivision and Development Regulation establishing requirements for driveway culverts and obstructions on County right-of-way. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the addendum. A copy is attached. The Court next considered approval of the Final Plat of Vintage Hills Subdivision Phase 2, 16.203 Acres, Block 1, Lots 9 thru 22 in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the final plat of Vintage Hills Subdivision Phase 2, 16.203 Acres, Block 1, Lots 9 thru 22 as submitted. 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 Vol 6? Page 1 S 9 Commissioners Court meeting May 3, 2005 6 permission to enter the private property of J.O. Siegert on Burt Road in Precinct 4 to build a temporary fence, if needed, around workspace to accommodate new bridge construction and to re-route a creek channel to align with the bridge for proper drainage. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to authorize the work. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Burt Road in Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from J.O. Siegert and wife Sondra Siegert for the expansion and improvements to Burt Road. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for March 2005. A copy of which is attached to and made a part of these minutes. The next matter before the Court was the Investment Report for the quarter ending March 31, 2005 as submitted by the Treasurer's office. The Court acknowledged receipt of the report. A copy is attached. Vol 0 Page 1 ~ 0 Commissioners Court meeting May 3, 2005 7 The Court acknowledged receipt of the Extension Service reports for January, February and March and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff Treasurer A copy of the Officials' reports can be viewed in the County Auditor's office. The County Judge next addressed an Addendum to the agenda considering an Intergovernmental Agreement with the City Kurten for road maintenance. The Government Code §791.011 et. seq., Interlocal Cooperative Act provides that agreements to provide services between governmental units are permitted. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Intergovernmental Agreement with the City of Kurten. A copy is attached. Vol (o Page 1(c) Commissioners Court meeting May 3, 2005 8 There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He informed the Court that HB 1006 that would require mandatory elections to approve any tax increase of 3% or more above the effective tax rate had passed through the legislature. Fortunately, it is set at 3% with a 5% soft cap. This will limit county revenues to 5% without an election. A petition will still be required to trigger a rollback election. b) A workshop is scheduled at 10:00 a.m. on space needs of Brazos County. There will be a presentation by Wiginton, Hooker, Jeffries There being no further business to come before the Court, the meeting was adjourned. Vol (08 Page ! (pa The foregoing minutes of the Commissioners Court meeting held May 3, 2005 have been examined and are approved in open Court this the AO) day of 2005, in Bryan, Brazos County, Texas. Randy S' s Lloyd Wassermann Count Judge Commissioner, Precinct 1 Duane Peters Commissioner, Precinct 2 Kenny Malla d Commissioner Precinct grey Ca e Jr. Commiss' oner, Prec' c 4 Attest: aren McQueen County Clerk Vol ~ Page A v3 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON -3, - 200,5-AT 'Oo~ Name Organization/Department Q ~ 7 lam' f 1Y~_ .vu 4 , f,wt c VOL W PAGE / & 4 )xl~~ BRAZOS COUNTY COMMISSIONERS COURT MEETING ON v ~~j- 3 r 2W-AT '00 Name Organization/Department &iulu a VOL ~8 PAGE I 6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-25.1 thru 04/05-25.6 On this the 3rd day of May 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct I 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 3 May 2005 the Court heard and approved a budget amendment for the 2004- 2005 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 25 August 2004 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 3rd day of May 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Ran ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 0 PAGE I1P w BUDGET AMENDMENTS No. 04/05 -25.1 5/5/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 1,480.00 0100 24301100 71506000 DR Rental - Office Space 740.00 0100 30301100 71506000 DR Rental - Office Space 740.00 JP Precinct #3 & Constable Precinct #3 To cover the increase cost of month) rental payments from September 2004 through September 2005. The expenditure is split between the two divisions because they share the same building. VOL 0 PAGE 7 BUDGET AMENDMENTS No. 04/05 -25.2 5/5/2005 FD DI'V ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12500100 60740000 CR Safe Recognition 1,500.00 0100 12500100 67211000 CR Software 1,000.00 0100 12500100 67281000 DR Equipment - Electronic 2,500.00 Risk Management To reallocate funds to purchase a new scanner. VOL R PAGE ~ BUDGET AMENDMENTS No. 04/05 -25.3 5/5/2005 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 30201100 60600000 CR Office Supplies 200.00 0100 30201100 61110000 CR Conference & Seminars 200.00 0100 30201100 61620000 CR Subscriptions & Publications 200.00 0100 30201100 65950000 DR Vehicle Maintenance 600.00 Constable Precinct 2: Lam To cover the cost of vehicle maintenance. YOL~.,PAGE_/& 7 BUDGET AMENDMENTS No. 04/05 -25.4 5/5/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20000100 51610000 DR Hourly Staff 8.00 0100 20000100 51610000 DR Hourly Staff 54.00 0100 20010000 51820000 CR Merit 8.00 0100 20020000 51820000 CR Merit 54.00 District Clerk Admin., District Clerk-Jury Services, District Clerk-Collections To reallocate merit funds from the District Clerk-Jury Services and District Clerk-Co llections bud ets to Districk Clerk Admin for overage in the administration budget. 0100 91200000 DR Transfer to Courthouse Security 165.00 0100 28000100 51820000 CR Merit 165.00 2200 51000100 51635000 DR Hourly-Law Enforcement 165.00 2200 49028000 CR Transfer From General Fund 165.00 Sheriff Administration Courthouse Security To reallocate merit funds from the Sheriff Administration budget to Courthouse Security budget for overa a in Courthouse Securibud get. 0100 31000200 51820000 CR Merit 3,030.00 0100 31000100 51610000 DR Hourl -Staff 1,620.00 0100 31010000 51610000 DR Hourly-Staff 1,100.00 0100 31050000 51610000 DR Hourly-Staff 310.00 0100 31000200 51820000 CR Merit 2,080.00 0100 91320000 DR Transfer to Grant Fund 2,080.00 3000 316100 51610000 31610500 DR Hourly-Staff 2,080.00 3000 49028000 CR Transfer from General Fund 2,080.00 Juvenile Services, TYC Parole, Title ME, Juvnile Services - Community Corrections Juvnile Services - Community Corrections -1 t To reallocate merit funds from Juvenile Services-Detention bud et to other Juvenile d eparments for overages. TO M OVE MERIT FUNDS TO THE CORRECT DIVISION AND FUNDS. THE PERSONNEL ACTION FORMS WERE SENT THROUGH COURT AND APPROVED. VOL 100 PAGE f BUDGET AMENDMENTS No. 04105 -25.5 5/5/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000200 67342000 CR Furniture 300.00 0100 31000200 67050000 CR Appliances 125.00 0100 31000200 65950000 CR Vehicle Maintenance 790.00 0100 31000200 65200000 CR Copier Maintenance 250.00 0100 31000200 61801000 DR Travel 1,465.00 0100 31000200 60260000 CR Education Supplies 1,000.00 0100 31000200 61110000 DR Conference and Seminar Fees 1,000.00 Juvenile Services-Detent ion To reallocate funding to provide for travel and conference fees. See attached. VOL &S PAGE BUDGET AMENDMENTS No. 04/05 -25.6 5/5/2005 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 30401100 65950000 CR Vehicle Maintenance 162.00 0100 30401100 67286000 DR Equipment -Other 162.00 Constable Precint #4: Butler To reallocate funds for equipm VOL W PAGE I1o~ 4~q PERSONNEL CHANGE OF STATUS page 1 of COURT DATE: May 3, 2005 DEPARTMENT: Human Resources PURPOSE: AR~rove Personnel Change of Status PURPOSE: rssssrrrrsrr■ ■srrrrrsrsrssrrss■ ■■srsssssssssssssssrssrsrsrrsrr~ DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED •rrrrrrrrrrrrrrrrrssrrrrrrrs■srrrrrrsrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr~ JUVENILE SERVICES LAMAR, DELECIA RESIGNED BRAZOS CENTER McKEAN, JANICE RESIGNATION KILLINGSWORTH, SHERRY INTERIM DIRECTOR Approved in Commissioners' Court: May 3, 20052005 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL~PAGE I I3 2303 RR 620 S., #135, PMB333 Austin, Texas 78734 Voice: 512-261-0900 Fax: 512-261-0901 don( ultant. com www.insconsultant.com Memo To: Bill Jeanes From: Don Gray, ARM Date: 4/28/2005 Re: Brazos County Property/Liability Insurance RFP Thank you for calling to ask about my assistance in managing an RFP project for the purchase of the County's property and liability insurance for insurance to be effective 10/1/05. It would be a pleasure to once again assist Brazos County. My services are billed at the rate of $130/hour (up $5/hour from the last work I did for the County). Assuming 3-4 complete proposals, I would expect the services to cost the County close to $7,000 for items 1-12 below. This projection is based on my experience in managing numerous RFP projects in the past 16 years. It assumes 3-4 complete proposals (Auto, Property, Inland Marine, B&M, General Liability, Crime, Public Officials, Workers' Compensation and Law Enforcement) and two trips to Brazos County to discuss the proposals and present my comments to an Insurance Committee and/or the Commissioner's Court. The projected fee would vary based on the actual number of proposals that the County asked me to evaluate. In addition, the County would be billed for actual direct expenses I incur in servicing the County (photocopying, modest travel meals, postage, shipping, long distance telephone, etc.). Services would include items 1-12 below. Items 13-17 are optional and can be provided for an additional fee. Items 13-17 provide continued services to monitor the results of the RFP project. The additional cost for items 13-17 would total $2,700, plus direct expenses. 1. Providing the County with underwriting applications and schedules to update (electronic format) VOL ~X Pnce_11y' 2. Answering questions that you may have about completing the applications and questionnaires. 3. Preparing the RFP for your review and approval (to include a detailed proposal questionnaire for mandatory completion by the proposers). The coverage requested by the RFP would be similar to the current coverage, along with any options that you care to include. 4. Reproducing the RFP and distributing it via email or by mail to interested sources 5. Handling communication with the proposers 6. Monitoring the status of the proposers as they prepare their proposals 7. Reviewing the proposals 8. Preparing spreadsheets which points out the areas where the proposed coverage differs from the expiring. 9. Discussing the proposals with an insurance committee and/or the Commissioners Court 10. Presenting a purchasing recommendation to the Commissioners Court 11. Notifying the proposers of the outcome 12. Providing binding instructions to the proposers Optional Services 13. Approving the premium invoices and binders 14. Monitoring the issuance of policies and the receipt of loss runs 15. Upon issuance, reviewing the policies and informing you as to whether they agree with the coverage terms that were agreed to by the County. 16. Four months prior to the first anniversary, asking the insurers to provide you with an "indication" of the renewal terms and pricing 17. Upon receipt of the renewal "indication", suggesting a strategy to be followed in preparing for the upcoming anniversary date I would structure the RFP to request coverage similar to the coverage currently in force. If desired, the RFP could ask proposers to quote some coverage options. I would be happy to suggest some options. I hope that the Commissioners Court will be receptive to this proposal, as it would be a pleasure to work with you and the County's staff. Please let me know if you have any questions. APPROVED: Sims, County Judge date VOL~PAGE 17.5 BRAZOS COUNTY 2.09 POLICY ON WORKERS' COMPENSATION 2.09.1 ELIGIBILITY: All Brazos County employees are covered by workers' compensation insurance while on duty for the Brazos County. 2.09.2 BENEFITS: Workers' compensation insurance pays for medical bills resulting from injury or illness an employee incurs while carrying out the duties of his/her job. Workers' compensation also pays a partial salary continuation benefit for time lost from work in excess of seven calendar days as the result of eligible work related injuries or illnesses. An employee who sustains an on-the-job and work-related injury may take sick leave or vacation for the flrst seven days away from work. Workers Compensation will then pay approximately seventy percent (70%) of the employees wages. Brazos County has an alternative duty program that allows an employee to work a job description prescribed by treating Physician. This program allows the employee to remain on the regular payroll with benef its for a set period of rehabilitation. This program may be re-authorized by the employee's doctor, department head, and Risk Management every four weeks. An employee who declines to accept a bonifted offer of alternative duty will forfeit the Workers Compensation Loss Time Benefit.. 2.09.3 MEDICAL ATTENTION: An employee who sustains an on-the-job injury may seek medical attention from an authorized medical facility or professional only in accordance with the Texas Workers Compensation regulations A list ofphysicians may be obtained from Risk Management or by visiting WWW.twcc.Fov on the internet. . The County requires statements of the employee's medical condition and of release to return to work from the attending physician. An employee may be required to submit to examination by an independent physician as determined by the Workers Compensation third party administrator. VOL 69 PAGE ~~p POLICY ON WORKERS' COMPENSATION (continued) 2.09.4 REPORTING WHILE RECOVERING FROM INJURY: An employee who is on leave due to an on-the job work-related injury must contact the appropriate supervisor and Risk Management at least once each workweek to report on his/her condition. Failure to provided the required medical reports or to contact the appropriate supervisor and Risk Management as required may loose benefits and is grounds for disciplinary action. 2.09.5 ACCIDENT REPORTING: Any employee who suffers a job related illness or injury shall be required to notify his/her supervisor as soon as possible. This means during the shift that the injury occurs and certainly no later than 24 hours after the accident occurs. Failure to promptly report job related injuries or illnesses may affect an employee's eligibility for benefits or delay benefit payments which are due. 2.09.6 PHYSICIAN'S RELEASE: An employee who has lost time because of a work related accident or illness shall be required to provide a release from the attending physician before being allowed to return to work. 2.09.7 CONTRIBUTORY FACTORS: An employee's workers' compensation benefits shall. be denied if the employee is injured while under the influence of alcohol or drugs or while the employee is engaging in horseplay. 2.09.8 COORDINATION WITH LEAVE POLICIES: Brazos County counts an employee's leave due to a work- related injury or illness to the employee's 12 week leave entitlement under the Family Medical Leave Act. Because workers' compensation leave is designated as FMLA leave, benefits are governed by the applicable provisions of the FMLA policy contained herein. APPROVED: 26 - - - - - - _563/11,57 dy Sims, County Judge date VOL W PACE 17 Addendum To the Brazos County Subdivision and Development Regulations Approved by Brazos County Commissioners' Court October 31, 2000 1. The minimum culvert diameter is 15 inches and all driveway culverts must be at least 24 feet long. All culverts will be sized by Brazos County Road and Bridge. The landowner will purchase the approved size culvert and Brazos County employees will install it. 2. All permanently constructed mailboxes must have their face at least 5 feet from the edge of the driving surface. In the event someone hits the mailbox and is injured the home/property owner could face serious liability concerns. 3. There will be no concrete driveways, sidewalks, or any other obstructions allowed on county right of way. It is permissible to utilize either hot mix asphaltic concrete or cold mix asphalt between the concrete driveway and the edge of the roadway. 4. Due to safety concerns no concrete or stone headwalls will be allowed on culverts. VOL G? PAGE BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: May 3, 2005 ITEM: Permission to enter J. 0. Siegert's Property located off Burt Road for the purpose of building a temporary fence, if needed, around workspace to accommodate new bridge construction, and to re-route creek channel to align with bridge for proper drainage, improvements are for the health, safety and welfare of the general public Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION: Upon completion of work, the temporary fence will be removed and a permanent fence will be built on the new right of way line. SUBMITTED BY: Y Richard F. Vance, P.E. County Engineer 0005-043 APPROVED BY: ommis oner Carey C le Precinc 4 This Request Is Approved (or) Denied by Commissioners' Court Date: Randy ms, County Judge VOL V race N~ti nMr J Rio f # r. y Or~•T 5 ~••~P^O r~,•e BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sirs Brazos County Judge Lloyd Wasserman Commissioner Pd 1 Duane Pelers Commissioner Pd 2 Kenny Wilard Commlseloner Pd 3 Carey Cawley Commissioner Pd 4 DATE: April 21, 2005 LAND OWNER AND ADDRESS: J.O. Siegert 4411 Burt Road Bryan, Texas 77807 II. LOCATION OF WORK: Burt Road III. DESCRIPTION OF WORK TO BE DONE: Permission to enter property to build a temporary fence, if needed, around workspace to be used for the construction of a new bridge. Also, permission to re-route creek channel to align with new bridge for proper drainage. Upon completion of work, permanent fence will be built on new right of way line and temporary fence--will h amnved. IV. MAINTENANCE YES NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: ( ner will be notified prior to maintenance.) Richard F. Vance, P.E. EngineerMde&vmman/Rig of Way Agent County Engineer Owner's Signature. Dater ZZ 0.S :1 v VOL 0 PAGEL EXHIBIT "A" FIELD NOTES R.O.W. WIDENING ALONG BURT ROAD BEING 0.177 OF ONE ACRE TEMPORARY CONSTRUCTION EASEMENT OUT OF THE J. O. SIEGERT CALLED 8.99 ACRES VOLUME 385, PAGE 222 JOHN WILLIAMS LEAGUE, A- 237 BRAZOS COUNTY, TEXAS MARCH 21, 2005 All that certain lot, tract or parcel of land being 0.177 of one acre situated in the JOHN WILLIAMS LEAGUE, Abstract No. 237, Brazos County, Texas, and being a part of that certain Called 8.99 acre tract as described in deed from Shirley Tubbs to J. O. Siegert of record in volume 385, Page 222, Deed Records of Brazos County, Texas, said 0.177 of one acre tract being more particularly described by metes and bounds as follows COMMENCING at a 112" Iron Rod with Cap set in the possible prescriptive south right-of-way line of Burt Road for the most easterly comer, said comer being the calculated northeast comer of said Slegert 8.99 acre tract (3851222), said comer also being the northwest comer of the J. O. Siegert Called 6.99 acre tract as described in Volume 381, Page 429; THENCE S 70 ° 36'23"W a distance of 201.93 feet and S 74 ° 07' 14 " W a distance of 31.69 feet to a point for the northeast comer and the POINT OF BEGINNING OF THIS DESCRIPTION: THENCE S 14 ° 08 ' 56 "W, a distance of 92.42 feet to a point for the southeast comer, THENCE S 74 " 08 ` 56 " W, a distance of 50.00 feet to a point for the southwest comer; THENCE N 45 " 51 ' 04 " W, a distance of 92.34 feet to a point for the northwest comer, THENCE N 74 " 07' 14 " E, along the Proposed north right-of-way line of said Burt Road a distance of 142.38 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.177 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed during March, 2005, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. For north orientation and other information, see accompanying plat. ~I VOL W PAGE i ~a a ~8 a~ (n o ?p? ~m~p 8 tWP A £ L/) O z zn a1~n till Fn 40 V) N A O ((0~~ O~ N 0 ~ A D m° rc r^° Z Z V X w~ a o y r= H • O Lu 0 'O m N < W° p o Cn CO cn r N (D C) N m N m 04. D N W ~ 1 n Z M U) z u ~7oW q2§np 44 0 0 idENS~o~D on* 18 $a.sQ~ -Aca O Ac F'Q 4 ~0C W o CpO "'1n'~O Z7vZC s" T O Z u > aon A W 7n0 nn~ Nri N N 0 D r r C- m p ' N ° = 9 rn O N U ic Ohm > £A7~a ? D n1 ~ p A C) ~ Z VOL PAGE 00 0 D rC- mo W ° : NIDG~ to mm D C-) m N nC- > 0 r cn rm m Ui ° 700x OO N a1 m D n ~ ~c Mx V) o \ 1 \ N O i ~ m ~ ~ m z p ~0 ~ G Z y rOZN O ° S n MA r n D r m ^ D z 1~ - f E ms' NO ~ i ci NNr £ 0 n r4m 0) Nm ~D-C A AV1 A.9 0m O m = i AA (n c p 4 x o ~ If The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of a1v A.D. 2005 r. Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this Jr c(, day of 2005. Randy Si , County Judge 7C *J Z fA.9&4,+c4^ J Lloyd assermann, Commissioner Precinct #1 Duane Peters, Commissio er Precinct #2 Kenny Mallard, C ssioner Pre ' ct #3 arey Caul , Commissioner eci t #4 Treasurer's Reports for the MONTH of MARCH 2005 AND QUARTER ENDING 3/31/2005 YOLJoY pAGE~ 9 fA C a d n 0 C r~ C 3 N ,Q vl p is O Vp~ . O . 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O ~O T N N A qwq S` VI N N M ~V ~ Ip o ' m A v rn N M D O W~ N I n W N 1 + N tiii~; 14 V ~ p ~ V O W W M CO {W/1 ~J . p P ~ N p O Vbi y ~ W { N all N W p~ ~ O ON1 1 01 1 + _ V v N A tJ r v V p N ~O W M { ~ Np i O ~ m W ` ~i O pll~~pp N l pp l l l ~ ~l ~ QQ r oN + w . ~ L + b~' M upi j y V1 Ql V W N V O S V l . 11 pp m W p 0 p 0 QQ N N lp ~~pmp W o p OI N pC N pp O b a N r 6 Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas 77803 DATE: April 27, 2005, TO: Hon. Randy Sims, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Carey Cauley, Commissioner Candy. Gallego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 03/31/2005 Investment Report This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 2.4146% on $10,114,356.89 invested with TexPool for the quarter ending 03/31/2005. Investment interest deposited during the quarter was $59,959.99. The total investment interest earned year-to-date was $107,381.28. The average Earnings Credit Rate on checking account interest during the past quarter was 3.09% netting $343,310.62 of interest earned for the quarter. Year-to- date checking account interest was $545,017,68. Combined interest total earned as of 03/31/2005 was $652,398.96. The weighted average maturity of the invested funds was 1 day due to the liquidity of funds invested with TexPool and on deposit at First American Bank. At the end of the first quarter of 2005, yields from various investment products were as follows: First American Bank accounts 3.34% daily liquidity 105% collateralized Texpool Agencies of the Federal Govt Commercial Paper 2.63% daily liquidity 3.08% 3-month maturity 3.78% 12-month maturity 2.97% 3-month maturity In order to produce a yield greater than that offered through the County's depository contract, it would be necessary to extend maturity dates to at least 12 months. However, 12-month/24-month agency rates have increased 1% in the past four months, and economists are predicting a continued increase in the Fed rate during 2005. Therefore, purchasing agencies in that range would present a maturity risk with little, if any, justifying reward. The depository contract provides a rate that adjusts as rates increase - 3-month Treasury rate + 55 basis points - which continues to produces a competitive rate with the least amount of risk of loss of principal (105% collateralized) as well as the least amount of maturity risk (daily liquidity). YOL~PAGEISIP Summary of Portfolio Changes Fund Group 1 Beginning Book Value (12/31/2004) $10,054,396.90 Beginning Market Value (12/31/2004) $10,054,396.90 WAM at Beginning Date 1 Day Change to Market Value $ 59,959.99 Ending Book Value (03/31/2005) $ 10,114,356.89 Ending Market Value (03/31/2005) $ 10,114,356.89 Unrealized Gain/[Loss) 0.00 WAM at Ending Date 1 Day Investment interest deposited: Checking Account Interest Earned: October 2004 $ 14,557.80 (1.7805%) $ 62,896.20 (2.27%) November 2004 $ 15,230.98 (1.8491%) $ 65,456.92 (2.61%) December 2004 $ 17.632751 (2,0685%) $ 73,353.94 (2.74%) Q/E 12/31/04 $47,421.29 $201,707.06 January 2005 $ 19,063.91 (2.2325%) February 2005 $ 18,859.99 (2.4406%) March 2005 $ 22.036.09 (2.5708% Q/E 03/31/05 $59,959.99 $ 103,306.97 (2.89%) $ 112,721.31 (3.09%) $ 127.282.34 (3.29%) $343,310.62 YTD TOTALS $107,381.28 Attached are the following reports: $545,017.68 1) Quarterly Investment Activity Report 2) TexPool Investments 3) Cost Amount Summary of Investment 4) Investment by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. _ 4-/Z y /Zp 0 S ay Ham on, County Treasurer Date erri White, Chief Deputy Treasurer Date ACKNOWLEDGED: y Sims, County Judge date VOL l9g PAGE L S QUARTER ENDING 0313112005 INVESTED FUNDS ACTIVITY REPORT VOL~PAGE. 1 Wy FUND 1 - POOLED FUND GROUP VOL6Y PAGE 19 TEXPOOL INVESTMENTS (OCT.2004-SEPT.2005} PAGE 9 CC) v 8 Oli M a o 0 (V lfl M EA 6% 69 O M CL 0 0 O CL N ~ - co N N ♦ N C m N d ~ m V m ~ O ~ N x c; cO u~ ci c3 VOL O PAGED CD co w M V- r O 611.I O Q r /A a.i R 'Q m C C N U ry a d .a m d r ~a O O IL x m 3 C N N m C 10 N N W U d d N N d Z d 3 Y 0 O m INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1- POOLED FUND GROUP General Fund $ _ Health Endowment Fund $ _ State Lateral Road $ _ Courthouse Security $ _ Voter Registration $ _ Vehicle Inventory Tax Interest $ _ General Obligation Debt Svc. $ _ General Permanent Impv. $ _ Exposition Center Fund $ 2,022,871.36 C.O. Issue 2003 $ 5,057,178.47 C.O. Issue 2004 $ 3,034,307.06 BOOK VALUE OF ALL INVESTED FUNDS FOR MARCH 2005 $ 10,114,356.89 VOL b? PA&E1 1.j INTERGOVERNMENTAL AGREEMENT This Agreement, made and entered into this Jr day of 2005, by and between BRAZOS COUNTY, TEXAS, hereinafter re- QV f rred to as "BRAZOS COUNTY", and the CITY OF KURTEN, herein after referred to as "KURTEN." WHEREAS, Government Code §791.011 et seq., Interlocal Cooperative Act provides that agreements to provide services between governmental units are permitted; and, WHEREAS, both parties have the authority to maintain roadways; and, WHEREAS, BRAZOS COUNTY has the necessary equipment and personnel to provide such maintenance; and, WHEREAS, it is more efficient and economical for BRAZOS COUNTY to provide such services; and, WHEREAS, BRAZOS COUNTY may build, maintain, or improve city streets that are not integral parts of or connecting links with county roads or state highways in accordance with §251.012 of the Transportation Code, if such expenditures serve a county purpose. WHEREAS, the building, maintenance, or improvement of KURTEN city streets that are integral parts of or connecting links with BRAZOS COUNTY Roads clearly constitutes "county business" because such streets are county roads and serve a county purpose. WHEREAS, the building, maintenance, or improvement of KURTEN city streets that are not integral parts of or connecting links with BRAZOS COUNTY Roads are major thoroughfares, necessary for travel from one part of the county to another or used by a significant number of county residents and serve a county purpose. WHEREAS, the parties wish to enter into an arrangement for the maintenance of roadways that is economical and fair to both parties. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the mutual covenants herein set forth, the parties agree as follows: 1. The timing of maintenance work to be done will be at the discretion of BRAZOS COUNTY. Generally this will be at a time when equipment is in the vicinity of KURTEN. VOL bg PAGE I qo~ 2. BRAZOS COUNTY shall mow, clear and maintain the drainage way of Dilly Shaw Tap Rd., Kurten Cemetery Road, Oak Lake Road and Opersteny Lane, when the County performs similar services on County roads in the area. 3. BRAZOS COUNTY shall, upon the approval of the governing body of KURTEN undertake the construction, improvement, maintenance, or repair of streets or alleys in Brazos County that are located within the City of KURTEN. 4. BRAZOS COUNTY shall, upon KURTEN'S request, install culverts in roads within the City of KURTEN. KURTEN agrees to reimburse BRAZOS COUNTY the actual cost of such installation, which the parties agree and acknowledge, will vary with the size of the culvert, the depth of the installation and other conditions. 5. KURTEN will reimburse BRAZOS COUNTY for the expenses incurred in transporting equipment, including graders, tractors and mowers at a rate of NINETY-SEVEN AND NO/DOLLARS ($97.00) per trip ("trip charge"). KURTEN will not be required to reimburse Brazos County for these trip charges if BRAZOS COUNTY equipment is otherwise in the vicinity of KURTEN. 6. KURTEN will reimburse BRAZOS COUNTY at a rate of FORTY-FOUR AND NO/DOLLARS ($44.00) per hour for grader work should this service be required by KURTEN. 7. KURTEN will reimburse BRAZOS COUNTY at the rate of SEVENTY-FIVE AND NO/DOLLARS ($75.00) per hour for patching of potholes with a minimum time of one hour on roads. 8. KURTEN will reimburse BRAZOS COUNTY at a rate of TWENTY CENTS ($0.20) per square yard for dust control should this service be required by KURTEN. 9. The parties agree that the rates stated herein fairly compensate BRAZOS COUNTY for the services to be provided and unless specifically stated herein, KURTEN may pay Brazos County for all services at a rate that will compensate Brazos County for fuel, labor, and normal wear and tear of equipment. Nothing stated herein prevents the parties from entering into an agreement to share the costs of construction, improvement, maintenance, or repair of streets or alleys in Brazos County that is located in KURTEN. 10. BRAZOS COUNTY will submit a bill to KURTEN each month that work is performed and KURTEN shall pay said bill within thirty (30) days of the date on which the bill is submitted unless otherwise agreed to by both parties. 11. KURTEN does hereby release, relinquish and discharge BRAZOS COUNTY from any and all claims, damages or causes of action, for damage to 2 VOL_V_PA&E~3 underground utilities caused b contracted for herein and y BRAZOS COUNTY while such damage. KURTEN does hereb performing the work y assume full ull res responsibility for 12. KURTEN does hereb against any and all hereby agree to hold BRAZOS cla COUNTY harmless liabilities of ever ms, losses, damages, causes of tio from and arising or kind for injury or death to action, suits and Agreement out of or in connection with the any Person or damage to pro . work to be performed under thi s 13. This Agreement may be amended at 14, any time with the approval of both arti . This Agreement supercedes all prior Interlocal A P es. be in full force and effect !p moments. This A Thereafter, such contract shall tlbe automatically Year 'from the Agreement shall by either anniversary date hereof. PAY upon 30 da ewed, subject to termination this con Ys written notice, KURTE ation stated herein. tract if it does not budget funds suff1ic' nt othat it will not Pay the costs SIGNED THIS THE r©c day of C`~ 2005. ATTEST: 2~en McQueen, Coun Clerk 13RAZOS COUNTY TEXAS Randy ;S' , County Judge ATTEST: City SecretaryCITY OF KURTEN a3 VOL W PAGE