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Home My WebLink About2008-12-09-9:00AM-REGULAR�6 BRYAN, TEXAS �^� NOTICE OF MEETING AND AGENDA BRA 7,OS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 9 DECEMBER 2008 AT 9c00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1 . Invocation and Pledge of Allegiance Cornntissioner Mallard_ 2_ Call for zen's input and/or concerns_ 3_ Presentation by Sharon Zambrzycici with Big Brothers Big Sisters o£the Brazos Valley. Consider and take action on agenda items 4 21: 4. Budget Amendment 08/09 - 10.1 tr,. -., 10.6. 5. Personnel Change of Status_ 6. Payment -IC Claims_ 7. Reappointment of the following members o£ the Brazos County Emergency Services District #1; term of these appointments is 1 January 2009 31 December 2010: a_ Lynn Elliott b_ Jim Carroll 8. Request from the Sheriffs Office £or approval of a medical procedure For an employee's spouse that has previously been recommended by medical Professionals but denied coverage by Blue Cross. OfFCe of the County Judge � 200 SoutM1 Texas Ave. � Suite 332 � Bryan. Texas 77803 � Fax: (9'79) 36'1503 Commissioners Court Agenda 9 December 2008 Page 2 9. Order 08 -015 prohibiting the sale or use of restricted fireworks, classified under 49 C.F.R. part 173.100(r)(2) (10 -01 -86 edition) as "skyrockets with sticks" and "missiles with fins," in the unincorporated areas of Brazos County. 10. Appointment of Walter Lewis Sayers as a non -paid deputy in the Precinct 1 Constable's Office. 11. Tax Refund Applications due to overpayment for the following: a. Wells Fargo Bank r. J. Ryan Ewing b. Five Nine Seven S. Caldwell Real Estate Holding c. Dexter Smith t. Sandion d. Alice F. Dowdy U. Justin Whitworth e. Stephen J. & Janet A. Gunn V. J. T. Bond f. Matthew M. & Bonnie L. McDonough w. LandAmerica Commonwealth Title g. CR Goodman Co. of Dallas h. Bio -Tech, Inc. X. Groundworks i. Lynnea M. Parker y. Rock Chalk Royalties LTD j. Extra Effort Pay Phones Z. Crest Roofing and Remodeling k. The CIT Group aa. Rosetta Tax Service 1. Nationwide Money Services, Inc. bb. Nationwide Money Services, Inc. m. Imbrie Law Firm cc. Sally Moncivais Garcia n. Coldwell Banker Concierge dd. Justin Whitworth o. Alton E. Ofczarzak, II ee. Christine Canfora p. Super Nails ff. Michael & Tina Paulus q. Melba Basham Gibbons gg. Asher Engine Service hh. Druery's Flat Fixing 12. Tax Refund Application due to payment in error for the Brazos Valley Schools Credit Union. 13. Permission to advertise the following bids: a. Bid #2009 -21, Herbicides and Surfactants b. Bid #2009 -22, Equipment Lubricants c. Bid #2009 -23, Cold Mix Limestone d. Bid #2009 -24, Fencing Supplies e. Bid #2009 -25, Fence Building 14. Revision of the award for Bid #2009 -10, Flexible Base, due to incorrect analysis of the prices. 15. Permission to add United Roofing to Brazos County's list of vendors who are exempt from competitive bidding for fiscal year 2008 -2009 as per Statute 262.024(a)(4). 16. Capital Requisition #00022330 in the amount of $135,596 to United Roofing for roof repairs at the Maxwell Building, Juvenile Detention Area, Juvenile Classroom Area, and the Juvenile Administration offices. Commissioners Court Agenda 9 December 2008 Page 3 17. Designation of the following purchase orders as for community use, as the items purchased are to be used for the Brazos County Administration Building Open House, and approval for payment: a. P.O. #09001082 -1 b. P.O. #09001081 18. Energy Transfer's cost estimate of $26,424.00 to extend the casing of an existing road bore in the right of way of Clear Lake Road to the newly acquired right of way line; work is at the request of Brazos County. Site is located in Precinct 2. 19. Energy Transfer's cost estimate of $27,068.00 to extend the casing of an existing road bore in the right of way of Wickson Lake Road to the newly acquired right of way line; work is at the request of Brazos County. Site is located in Precinct 2. 20. Abandonment of the 10' Public Utility Easement in Deer Trail Subdivision located on either side of the common line between Lots 1 & 2, block 1 (physical addresses are 7730 and 7816 Sandy Point Road). Site is located in Precinct 4. 21. Payment Authorization in the amount of $1,478.00 to A &M Travel for flights scheduled for two (2) witnesses in the trial St. v. P. David Romei. A purchase order was not obtained in advance. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Cominittee reports by Court members. 25. Adjourn The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. COMMISSIONERS' COURT REGULAR MEETING DECEMBER 9, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 9, 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; 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 Mallard gave the invocation and then led the pledge of allegiance. The next matter before the Court was a presentation by Sharon Zambrizycki with Big Brothers Big Sisters of the Brazos Valley. Ms. Zambrizycki presented the Court with a plaque to show appreciation for the funding received last year and this year. The Court next considered Budget Amendment #08/09 -10.1 Vol 113 Page W Commissioners Court meeting December 9, 2008 2 through 10.6 that would reallocate funds for the Capital Improvement Fund, 361St District Court, Constable, Precinct 2, Human Resources Department, Emergency Relief, and Jail Expansion 2007. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments as submitted. A copy each amendment 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 Peters, seconded by Commissioner Wassermann, 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: 7056956 through 7057178 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the reappointment of individuals to the Board of Directors of Brazos County Emergency Services District #1. On motion by the Count Judge, seconded by Commissioner Wassermann the Court Vol II Page 57 Commissioners Court meeting December 9, 2008 3 voted unanimously to reappoint Lynn Elliott and Jim Carroll to a term beginning January 1, 2009 through December 31, 2010. The Court next considered a request from the Sheriff's Office for approval of a medical procedure for an employee's spouse that has previously been recommended by medical professionals but denied coverage by Blue Cross Blue Shield. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. Although this is not an approved procedure at this time, the Court can choose to make an exception. The next matter before the Court was to consider adopting of Order #08 -015 prohibiting the sale or use of restricted fireworks, classified under 49 C.F.R. part 173.100(r)(2)(10- 01-86) as "skyrockets with sticks" and "missiles with fins," in the unincorporated areas of Brazos County. The KBD Index is 474 and the 4 day forecast predicts it will climb to 490 or more. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to adopt the Order prohibiting the sale or use of restricted fireworks. A copy of the Order is attached. The Court next considered a request from Constable Precinct 1, Archie Clark, to appoint Walter Lewis Sayers, as non -paid Deputy Constable. On motion by Commissioner Vol II Page 58 Commissioners Court meeting December 9, 2008 4 Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Clark to appoint Walter Lewis Sayers as non -paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. a. Wells Fargo Bank, over payment $100.86 b. Five Nine Seven, over payment $395.15 c. Dexter Smith, over payment $364.00 d. Alice F. Dowdy, over payment $18.98 e. Stephen J. & Janet A. Gunn, over payment $ 1,440.75 f. Matthew M. & Bonnie L. McDonough, over payment $627.03 g. CR Goodman Co. of Dallas, over payment $10.92 h. Bio -Tech, Inc., over payment $143.29 i. Lynnea M. Parker, over payment $5.34 j. Extra Effort Pay Phones, over payment $45.13 k. The CIT Group, over payment $5,286.65 1. Nationwide Money Services, Inc., over payment $5.77 m. Imbrie Law Firm, over payment $6.93 n. Coldwell Banker Concierge, over payment $27.67 o. Alton E. Ofczarzak, II, over payment $185.88 P. Super Nails, over payment $32.76 q. Melba Basham Gibbons, over payment $7.66 r. J. Ryan Ewing, over payment $21.40 S. Caldwell Real Estate Holding, over payment $120.33 t. Sandion, over payment $228.06 U. Justin Whitworth, over payment $32.11 v. J. T. Bond, over payment $49.18 Vol 117 Page 5q Commissioners Court meeting December 9, 2008 5 w.LandAmerica Commonwealth Title, over payment $10,843.41 x. Groundworks, over payment $24.08 y. Rock Chalk Royalties LTD, over payment $275.50 z. Crest Roofing and Remodeling, over payment $16.05 aa. Rosetta Tax Service, over payment $10.71 bb. Nationwide Money Services, Inc., over payment $26.98 cc. Sally Moncivais Garcia, over payment $15.77 dd. Justin Whitworth, over payment $32.11 ee. Christine Canfora, over payment $168.75 ff. Michael & Tina Paulus, over payment $86.81 gg. Asher Engine Service, over payment $246.33 hh. Druery's Flat Fixing, over payment $71.00 On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval of tax refund applications from the following individual and /or company: a. Brazos Valley Schools Credit Union, payment in error $522.62 On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids: a. Bid #2009 -21, Herbicides and Surfactants b. Bid ##2009 -22, Equipment Lubricants c. Bid #2009 -23, Cold Mix Limestone d. Bid #2009 -24, Fencing Supplies e. Bid #2009 -25, Fence Building Vol 11.7 Page 100 Commissioners Court meeting December 9, 2008 6 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered a request from the Assistant Purchasing Assistant, to revise the award for Bid ##2009 -10, Flexible Base, due to incorrect analysis of the prices. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(7)(A). On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to Exempt United Roofing from the Competitive Bidding Requirements for fiscal year 2008 -2009. The next matter before the Court was consideration of a capital requisition in the amount of $135,596.00 to United Roofing for roof repairs at the Maxwell Building, Juvenile Detention Area, Juvenile Classroom Area, and the Juvenile Administration Offices. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the capital requisition. The Court next considered approving the following purchase orders and receipts for Community Use. The items Vol i 17 Page _ I Commissioners Court meeting December 9, 2008 7 purchased are to be used for the Brazos County Administration Building open house on December 11, 2008. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the purchase orders and receipts for Community Use. The Court next considered acceptance of Energy Transfer's cost estimate of $26,424.00 to extend the casing of an existing road bore in the right -of -way of Clear Lake Road to the newly acquired right -of -way line in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept Energy Transfer's cost estimate of $26,424.00 to extend the casing of an existing road bore in the right -of -way of Clear Lake Road to the newly acquired right -of -way line. The Court next considered acceptance of Energy Transfer's cost estimate of $27,068.00 to extend the casing of an existing road bore in the right -of -way of Wickson Lake Road to the newly acquired right -of -way line in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept Energy Transfer's cost estimate of $27,068.00 to extend the casing of an existing road bore in the right -of -way of Wickson Lake Road to the newly acquired right -of -way line. Vol 117 Page 61;( Commissioners Court meeting December 9, 2008 8 The next matter before the Court was consideration of abandonment of the 10 foot public utility easement in Deer Trail Subdivision located on either side of the common line between Lots 1 & 2, Block 1, physical addresses are 7730 and 7816 Sandy Point Road in Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request to abandon the public utility easement between Lots 1 & 2, Block 1. The Court next considered a payment authorization in the amount of $1,478.00 to A &M Travel for flights scheduled for two (2) witnesses in a court case. A purchase order was not obtained in advance. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) The open house will be from 3:00 p.m. until 6:00 p.m., on Thursday, December 11, 2008. Under citizen input and /or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There were 549 inmates in jail, 91 are on electronic monitoring and 41 are pending for monitoring. Vol j r 7 Page (03 Commissioners Court meeting December 9, 2008 Eric Caldwell a) Informed the Court that Ekpe Okorofor was leaving and relocating to Dallas. He has been with Brazos County for four years. He then introduced Carol Wiggins who will take Ekpe's place. Ms. Wiggins is relocating here from The Woodlands. She has degrees from A &M. The County Judge thanked Ekpe and welcomed Carol aboard. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol I I Page � q 9 The foregoing minutes of the Commissioners Court meeting held December 9, 2008 have been examined and are approved in open Court this the _ lr#� day of 2009 in Bryan, Brazos County, Texas. Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny Malla Commissioner, Precinct 2 Commissioner, Precinct 3 Irey Cau e , Jr. Commissio er, Precinc 4 Attest: Ka%en McQueen County Clerk Vol i 1 Page 65 BRAZOS COUNTY COMMISSIONERS COURT Meeting on �C�-� , 2008 @ PAGE _�_ of BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2008 @ %� PAGE _J_ of ;4� IV. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008 -2009 BUDGET YEAR NO. 08/09 -10.1 thru 10.6 On this the 91h day of December 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 9 December 2008 the Court heard and approved a budget amendment for the 2008 -2009 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 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 9th day of December 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. 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. 08/09 -10.1 Prep J* � OR��; Datez _,�/ �d08 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS 10.2 AH /n /nn FUND 0100 0100 DIV 11001500 22200100 ACCT 61130000 60600000 PROJ DR/CR CR DR v, ACCOUNT NAME Contin enc - General Fund Office Su lies Increase Decrease 383.30 383.30 361st District Court To allocate funds for reimbursement to District Jud e for a new robe. repared% 2, � x1 1m .m BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 -10.3 A .1 In /n n r i 3 117 '�/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 10.4 4 13rnmo flTedB � .:� /� /201A8: - - - -_ - flTedB � .:� /� /201A8: BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 10.5 01 FUU35560200 01 ACCT 65510000 60350000 PROJ 35500202 35500202 DR/CR CR DR ACCOUNT NAME Pest Control Food and Food Supplements Increase 300.00 Decrease 300.00 Emergency Relief To reallocate funds to allow for em to ee meal reimbursements and water for Sheriffs Office command center. r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 -10.6 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 9, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance Gamez, Rosa New Hire Sweed, Shirley New Hire County Judge Wiggins, Carol Transfer to Another Dept. Emergency Management Frazier, Charles Cell Phone Allowance Road and Bridge Barnett, Michael Resignation Approved in Commissioners' Court: County Judge's or Commissioner's S. (This Copy to be attached to minutes) STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOSCOUNTY BRYAN, TEXAS ORDER NO. 08 -015 RESTRICTING USE OF FIREWORKS IN UNINCORPORATED AREAS OF BRAZOS COUNTY, TEXAS Cj WHEREAS, the Texas Forest Service has determined that drought conditions exist in Brazos County; and WHEREAS, on the 9th day of December, 2008, the Commissioners Court of Brazos County has determined that the normal danger of fire in the unincorporated areas of Brazos County is greatly enhanced by the extremely dry conditions now existing; NOW, THEREFORE, the Commissioners Court of Brazos County adopts this Order prohibiting the sale or use of restricted fireworks in the unincorporated areas of Brazos County. A. No person may sell, detonate, ignite, or in any way use fireworks classified under 49 C.F.R. part. 173.100(r)(2) (10 -1 -86 edition), as "skyrockets with sticks" and "missiles with fins" in any portion of the unincorporated area of Brazos County. B. This Order does not prohibit: 1. common fireworks, small in size, classified as Class C explosives; 2. large fireworks devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and classified as Class B explosives by the U.S. Department of Trans. [TEX. OCC. Code, Chapter 2154]. C. A person commits an offense if the person knowingly or intentionally violates a prohibition established by this Order. An offense under this Order is a Class C Misdemeanor. APPROVED this the 9th day of December, 2008, by theAazos Cgrinty iissioners Court. ATTEST: �4�e_ 44:�O=� Karen McQueen, Co Clerk County Judge Commissioners Court meeting December 9, 2008 Eric Caldwell a) Informed the Court that Ekpe Okorofor was leaving and relocating to Dallas. He has been with Brazos County for four years. He then introduced Carol Wiggins who will take Ekpe's place. Ms. Wiggins is relocating here from The Woodlands. She has degrees from A &M. The County Judge thanked Ekpe and welcomed Carol aboard. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol I_ l7 Page °1'1 9