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Home My WebLink About2009-01-06-9:00AM-REGULAR g~~TS of Jg 7f - g12AZOS COUNTY ~"~~'t~~~O' ~ BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COL7IVTY CONIIVIISSIONERS COi1RT C T M ESSION~ NSSI60 JN UARYR 2009 ATA 9000 A_M_ IlV TI3E OMIVIIS TONERS C OiJRTROOM OF TFIE COUNTY ADNIINISTRATION BL7ILDIl~IG, 200 SOUTH TEXAS 4VEN17E, SiJITE 106, BRYAN, TEXAS_ 1. Invocation and Pledge of Allegiance - Commissioner Cauley_ 2_ Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 10: 3. Budget Amendment 08/09 - 14-1- 4- Personnel Change of Status_ 5_ Payment o£Claims- 6_ Contract with tl- Mental Healtlz Mental Retardation Authority of Brazos Valley ~MI1MR~ £or their services in providing a continuum of mental health and mental retardation services and early childhood intervention services to eligible residents of Brazos County for IF-S,109- 7. Tax Refund Applications for the Following= a_ Moses H_ &s Esther K_ Tyler £ Hazel Dawn Rogers b_ Ruth Helpert-Nunez g_ Dovenrz~uehle Mortgage Inc_ c. Richmond Title Services LP - h. Virgie Ed D~'Y^aa__ Noite d_ John Donald McLaroy, DDS i. Joseph B. v Brenda Hobson e. Variable Annuity Life Insurance Co. r c ftrn- of tha County Judges . 200 South Taxas Ava_ Suite 332 ary- Tarts 77ao3 . Fax: (979) 361-4503 L ~ ~ 1 SGI Commissioners Court Agenda 6 January 2009 Page 2 8. Permission to establish a Construction Committee for Courthouse Renovation, Phase I, with the following membership: f. Irene Jett - Budget officer a. Randy Sims -County Judge b. Duane Peters - Commissioner, Pct. 2 g. Rod Anderson - County Attorney c. Gary Arnold - Road & Bridge Dept. h. Karen McQueen - County Clerk d. Carlos Guitron -Maintenance Dept. 1' KaMarc Hamlin - y Magness* District County Attorney's Ofc. e. Bill Holland - I.T. Dept. k. pat Howard* -Purchasing Dept. * indicates non- voting members 9. Capital Requisition #00022568 to Kellen Commercial Interiors for $49,900.00 for the replacement of carpet at the Juvenile Justice Center. 10. Replat of Lot 2, Treasure Hills, volume 4929, page 127 (Brazos County Official Records), Maria Kegans League, A-28, (City of Bryan ETJ) Brazos County, Texas. Site is located in Precinct 3. 11. Acknowledgement of the Monthly Reports submitted in December 2008. These reports are available for review in the County Judge's Office. 12. Announcement of interest items and possible future agenda topics. 13. Call for citizen input and/or concerns. 14. Agency / Board / Committee reports by Court members. 15. 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. ►11~~ Sao COMMISSIONERS' COURT REGULAR MEETING JANUARY 6, 2009 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, January 6, 2009 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, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #08/09-14.1 that would transfer funds from the Sheriff's Office to the Information Technology Department. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A Vol I I Page 1 q I 2 Commissioners court meeting January 6, 2009 copy each amendment that was approved 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 Mallard, the Court voted unanimously to approve the changes as submitted. The Court next considered payment of claims. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to table consideration as there were none to consider. The next matter before the Court was consideration of an Agreement for Services with the Mental Health Mental Retardation Authority of Brazos Valley (MHMR) to serve all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services and early childhood intervention services through available resources to eligible individuals residing in Brazos County. The agreement period begins October 1, 2008 and ends September 30, 2009 with a cost to Brazos County of $105,000. On motion by Commissioner Peters, seconded by Commissioner Wassermann the Court voted unanimously to approve the agreement and authorized the County Judge to execute the document. A copy is attached. Vol I Page 3 Commissioners Court meeting January 6, 2009 The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Moses H. & Esther K. Tyler, over payment $1,711.24 b. Ruth Helpert-Nunez, over payment $18.16 $101 0572.07 paymentpayment c. Richmond Title ServicDDSLPoverover d. John Donald McLeroy, over payment e. Variable Annuity Life Insurance Co., $12.05 f. Hazel Dawn Rogers, over payment $41.06 Dovenmuehle Mortgage Inc., over payment $134.83 g• h. Virgie Ed D. Noit, over payment $8.43 08.35 i. Joseph B. & Brenda Hobson, over payment $2,708.35 on motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered the creation of a Construction Committee for the Courthouse Renovation, Phase I and the appointment of individuals to serve on the committee. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to create a Construction Committee for the Courthouse Renovation, Phase I and to appoint the following individuals to serve on the committee: a. Randy Sims, County Judge b. Duane Peters, Commissioner Precinct 2 c. Gary Arnold, Road & Bridge Department d. Carlos Guitrone, Maintenance Director e. Bill Holland, Information Technology Department f. Irene Jett, Budget Officer g. Rod Anderson, County Attorney h. Karen McQueen, County Clerk i. Marc Hamlin, District Clerk Vol Ill Page 03 4 Commissioners Court meeting January 6, 2009 * j. Kay Magness, Assistant County Attorney k. Pat Howard, Purchasing Agent * indicates a non voting member The next matter before the Court was consideration of a capital requisition to Kellen Commercial Interiors in the amount of $49,000.00 for replacement of carpet at the Juvenile Justice Center. This was approved in Bid #2009-18. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The Court next considered approval of the Re-plat of Lot 2, Treasure Hills, in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the re-plat of Lot 2, Treasure Hills as submitted. The Court acknowledged receipt of the Extension Service reports submitted in December 2008 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 Vol 111 Page 0 5 Commissioners court meeting January 6, 2009 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Pat Howard, Purchasing Agent a) Introduced Mandy Rutledge the new buyer in the Purchasing Department. County Judge a) He and the Commissioners went to who esaid with State Senator Steve Ogden there was more money and surplus in the state budget than he can ever remember outsession too but They going exinto a penditures legislative expend discussed transportation. Commissioner Mallard a) There will be a CUC meeting next week in Austin. Under citizen input and/or concerns, the following spoke: Clyde Collins, Chief Deputy a) There were 547 inmates in jail last night, 76 are on electronic monitoring and 37 are awaiting their monitor. Vol 1 Page t j 6 Commissioners Court meeting January 6, 2009 Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) We will begin the census process soon. There will be a meeting with the cities in the next couple of weeks. There being no further business to come before the Court, the meeting was adjourned. 11 page [ qi u Vol The foregoing minutes of the Commissioners Court meeting held January 61 2009 have been examined and are approved in open -(L day of 2009, in Bryan, Court this the Brazos County, Texas. Lloyd Vermann Randy Si s Commissioner, Precinct 1 County udge Kenny Mall r Duane Peters Commissione Precinct 3 Commissioner, Precinct 2 C g Cau e , Jr. Commissioner, Precinct Attest: aren McQueen,` _ County Clerk Vol M Page I BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 AT st"Ve Q~c Name (PLEASE PRINT) Organization/Department 9 'Ay / lti Y l L- ~ to , I l g. 113 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 AT l a Name (PLEASE PRINT) Organization/Department i BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 14.1 On this the 6th day of January 2009 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 6 January 2009 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 6th day of January 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy Sim ounty Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 11 71` A00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 14.1 1/6/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 67670000 CR Minor Computer Hardware 67,303.00 0100 28000100 65950000 DR Vehicle Maintenance 67,303.00 Sheriffs Administration and Information Technology- To move funds for the urchase of re lacement la to s for the patrol vehicles. ~'KC] C re l w a0 l PERSONNEL n CHANGE OF STATUS REQUESTS Commissioner Court Date: January 6, 2009 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 Brazos Center Gallagher, Colby New Hire District Clerk Autrey, Margaret Resignation Everett, Tiffani L. Transfer within Department Guthrie, Lyndsey Resignation Mikeska, Jennifer Transfer to another Department Thelen, Shannon Transfer to another Department Information Technology Melzow, William Cell Phone Allowance Sherriff Office- Jail Brantley, Bretnie New Hire Luna, Jamie New Hire Phariss, William Transfer within Department Taylor, Max P. New Hire Approved in Commissioners' Court: January 6, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) I 0-kOa i STATE OF TEXAS COUNTY OF BRAZOS AGREEMENT FOR SERVICES This Agreement is by and between Brazos County, Texas (hereinafter "County") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "N BGV'), a Texas non-profit 501 (c)(3) corporation for a period of 12 months beginning October 1, 2008 and ending September 30, 2009; and WHEREAS, NHUAR is a public non-profit community MHN R center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services and early childhood intervention services through available resources to eligible individuals residing in Brazos County; and WHEREAS, to assist in accomplishing the above stated public purposes, MHT4R coordinates activities of early childhood intervention and mental health and mental retardation coverage in Brazos County, Texas; and WHEREAS, the County desires to assist N IMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation or for families with children, birth to three, with disabilities and developmental delays residing in Brazos County by contracting with MFMZ for the period beginning October 1, 2008 and ending September 30, 2009, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation, and early childhood intervention services to be provided to the County by M MR, and in compliance with the terms of this contract and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: RESIDENCY CRITERIA: This Agreement contemplates services provided to; 1) Individuals who permanently reside within Brazos County (exclusive of transient individuals); and 2) Who have been determined through the MHNIR screening process to be in need of mental health, mental retardation, or early childhood intervention services; and 3) Who have been determined by M11MR in a fee assessment procedure to be unable to pay for the needed mental health, mental retardation, or early childhood intervention services; 4) MHMR warrants that determination of ability to pay or availability of any third party payor and residency eligibility is the responsibility of M11MR and such determination shall be made by MIMR prior to the or at the time of the provision of services. 5) N HMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by M]FIMR to non-residents of Brazos County or any insured individuals with coverage for services. M] MR will maintain records of insured status for all hospital admissions. RESPONSIBILITIES OF BRAZOS COUNTY: 1) Pay to MPIMR an (not to exceed) annual total reimbursement of $105,000, to be paid to MFEVIR as follows: a) $50,000.00 for the Early Childhood Intervention Program based on the Local "maintenance of effort" which requires local dollars to match $1,800,043 in federal and state ECI dollars, and b) $39,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and c) $16,000.00 for administrative support services. 2) It is understood and agreed that the County funds represented by the Agreement are for the period of October 1, 2008 through September 30, 2009 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF NIHMR under this agreement: 1) To provide for county-wide early childhood intervention services and mental health and mental retardation services to eligible residents of Brazos County as determined by appropriate assessment, intake, and eligibility screening; and 2) To provide the services according to the most recent MHIVIRABV Local Plan for the fiscal year covering this agreement and according to the most recent 117A04 Performance Contract between NgMABV and the Texas Department of State Health Services, including mental health services, mental retardation services, early childhood intervention services, contracted residential services, specialized therapies and psychiatric inpatient services; and 3) It is understood and agreed that all County funds paid to Nff-IMR under this agreement shall only be expended by MHMR for the purpose areas authorized under this agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement, 4) Reporting Requirements: * Prepare and submit to the County a copy of the quarterly written and itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this contract in the same format as the quarterly report submitted to the Texas Department of State Health Services; * Prepare and submit to the County a copy of the monthly written and itemized accounting of expenditures, income and early childhood intervention services provided by MHMR pursuant to this contract in the same format as the monthly report submitted to the Texas Department of Assistive and Rehabilitative Services; Term and Termination: This contract shall be effective from the period from October 1, 2008 to September 30, 2009 unless otherwise terminated prior to that time, as provided by this Agreement. A party may terminate its performance under this contract only upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this contract required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this contract as of the 30th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures the default or (ii) such termination may be stayed, at the sale option of the party against whom the default has occurred, pending cure of the default. MISCELLANEOUS PROVISIONS: Independent Contractor The relationship of MHMR to the County shall be that of an independent contractor. 3 P 1 ao5 Parties in Interest: This contract shall bind and benefit the County and WEMM and shall not bestow any rights upon third parties. Non-waiver: Failure of either party hereto to insist on the strict performance of any of the agreement herein or to exercise any rights or remedies occurring thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Apulicable Laws: This contract is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This contract is performable in Brazos County, Texas. Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: County: N*EV R: Randy Sims, County Judge Bill Kelly, Executive Director 200 South Texas Avenue, Ste. 332 1504 S. Texas Ave. Bryan, Texas 77803 Bryan, Texas 77802 Audits: N41MR shall provide to the County, within 90 days of the close of the Provider's fiscal year, an account of Nff-D R expenditures and services related to the program, Ambi2uities• In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement: This contract contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. ~I aot~ Indemnification and Compliance with Laws: MHMR shall defend, indemnify and save harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other acts to be performed under this contract. MHMR shall comply with all applicable governmental and professional requirements, regulations and/or standards in performance of services under this agreement. Signed this day of c , 200 MHMR: BRAZOS BY: BILL KELLY Rod~Dy SIMS Title: Executive Director Title: razos County Judge ATTES : G kAREN Mc UEE , BRAZOS COUNTY CLERK 5 i i7."" ao7