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HomeMy WebLinkAbout2009-01-27-9:00AM-REGULAR tci . rya.-ie. n C5. O CUT L TAY OF B¢A~ ,.i't.A d 23 tz_ SL1 gi2_AZOS COUNTY ~ s• rr' BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 27 JANUARY 2009 AT 9:00 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 -Commissioner Mallard- - 2_ Call fbr citizen's input and/or concerns- 3. Presentation regarding Delinquent Propex'ty Tax Collection Activity for the period of 1 September 2008 through 31 December 2008_ Consider and take action on agenda items 4 - 16: 4. Budget Amendment 08/09 - 17.1 t1- 174 5_ Personnel Change of Status. 6. Payment Authorization in the amount -C$935.85 to Miarni Air International, 7nc_ for 17 additional officers on the charter flight to attend the Presidential Inauguration- The total amount exceeded the amount of the purchase order- 7_ Payment of Claims. 8_ Order 09-002 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately- Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 7'7803 Fax: (979) 361-4503 "s8 _ j Commissioners Court Agenda 27 January 2009 Page 2 9. Appointment of Irvin Todd as a Reserve, non-paid Deputy in the Precinct 3 Constable's Office. 10. Reappointment of Linda Goolsby to the Mental Health Mental Retardation (MHMR) Authority of Brazos Valley Board of Trustees; term of appointment is 1 March 2009 through 28 February 2011. 11. Renewal of the Contract with Lincoln National Life Insurance Company for group insurance coverage; Policy #86-0051003 effective for the period 2/01/2009 to 2/01/2010. 12. Tax Refund Applications for the following: a. Winifred Cronauer 1. Joe Taylor b. Jose de Jesus Lara in. Peter Froeliger c. David A. Price n. Texas Instruments (2) d. Peggy Dearmond o. Darrell L. Crain e. Maynor A. Garcia p. Gene Hobson f. Annie Lois McCurry q. Potbelly Sandwich Works g. Thomas F. & Julie C. Shafer-Forsythe r. Jeff W. & Julie A. Collins h. Stuart & Geraldine Isdale s. Cindy L. G. Skinner i. Elizabeth A. Lane t. Nettie Alice Frank j. Kenneth Kickendahl u. Tian Xihau k. Southwest Association of 7`i' Day Adventist Church 13. Treasurer's Report for the month of November 2008. 14. Renewal of Bid 2009-014, Asphalt, Oil and Emulsion, as recommended by the Road & Bridge Department, with new bid number 2009-30R. 15. Permission to enter William J. O'Brien's property located off Old Bundick Road for the purpose of constructing erosion control (rip rap) and removal of brush/tree to accommodate a new bridge project for the health, safety and welfare of the general public. Site is located in Precinct 2. 16. Payment Authorization in the amount of $304.99 to The Battalion for a position advertisement placed in the paper by Human Resources. This is a FY08 expense being paid with FY09 funds. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. 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) 3614102. COMMISSIONERS' COURT REGULAR MEETING JANUARY 27, 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 27, 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; 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. There was no citizen input/and or concerns. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Alen, P.C. Attorneys at Law. Vol 09 Page Commissioners Court meeting January 27, 2009 2 The Court next considered Budget Amendment #08/09-17.1 through 17.4 that would reallocate funds for Indigent Health Care, General capital Improvements Projects, Agricultural Extension Service; transfer funds from Contingency to Juvenile Services. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment 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 next matter for consideration by the Court was a payment authorization in the amount of $935.85 to Mimi Air International for 17 additional peace officers on a charter flight to attend the Presidential Inauguration. A purchase order was obtained for the original amount. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered the following Claims as submitted by the County Treasurer for payment: Vol 1( 8' Page Commissioners Court meeting January 27, 2009 3 7058275 through 7058476 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration by the Court was Order 09-002, prohibiting out door burning in Brazos County for ninety (90) days. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to adopt Order 09-002 prohibiting out door burning in Brazos County for ninety (90) days effective immediately. A copy is attached. The Court next considered a request from Constable Precinct 3, Wayne Thompson, to appoint Irvin Todd, as non-paid Reserve Deputy Constable. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Thompson to appoint Irvin Todd as non-paid Reserve Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was consideration of the reappointment of an individual to the Mental Health Mental Retardation Authority of Brazos Valley (MHMR) Board of Trustees. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the reappointment of Linda Goolsby to serve on the Mental Vol 119 Page 15 Commissioners Court meeting January 27, 2009 4 Health Mental Retardation Authority of Brazos Valley (MHMR) Board of Trustees for a term beginning March 1, 2009 through February 28, 2011. The Court next considered a contract renewal with Lincoln National Life Insurance Company for group insurance coverage policy number 86-0051003. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract renewal for the period February 1, 2009 through February 1, 2010 and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Winifred Cronauer, over payment $312.49 b. Jose de Jesus Lara, over payment $374.98 c. David A. Price, over payment $9.73 d. Peggy Dearmond, over payment $8.61 e. Maynor A. Garcia, over payment $109.80 f. Annie Lois McCurry, over payment $460.74 g. Thomas F. & Julie C. Shafer-Forsythe, over payment $9.30 h. Stuart & Geraldine Isdale, over payment $167.83 i. Elizabeth A. Lane, over payment $438.01 j. Kenneth Kickendahl, over payment $11.73 k. Southwest Association of 7th Day Adventist Church, over payment $34.48 1. Joe Taylor, over payment $57.65 m. Peter Froeliger, over payment $246.70 n. Texas Instruments (2) over payment $28.29 & $13.48 o. Darrell L. Crain, over payment $72.38 p. Gene Hobson, over payment $25.11 q. Potbelly Sandwich Works, over payment $1,718.74 Vol I 1 Page to Commissioners Court meeting January 27, 2009 5 r. Jeff W. & Julie A. Collins, over payment $100.00 S. Cindy L. G. Skinner, over payment $10.00 t. Nettie Alice Frank, over payment $6.37 U. Tian Xihau, over payment $16.62 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. There is a clerical error on item n. it should be Texas Investments rather than Texas Instruments. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for November 2008. A copy is attached to and made a part of these minutes. The next matter before the Court was the renewal of Bid 2009-014, Asphalt, Oil & Emulsion. Charles Wendt, Assistant Purchasing Agent, recommended the renewal. There is no increase in the rates previously agreed upon. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the recommendation of the Assistant Purchasing Agent to renew Bid 2009-014. The new bid number is 2009-30R. 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 I I Page "7 Commissioners Court meeting January 27, 2009 6 permission to enter the private property of William J. O'Brien on Old Bundick Road in Precinct 2 to construct erosion control and removal of brush and trees to accommodate a new bridge project. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The next matter before the Court was consideration of a payment authorization for the Human Resources Department in the amount of $304.99 to The Battalion. The invoice was not received until after the beginning of the new fiscal year. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The High Speed Rail Committee wil be testifying before the state legislature this week. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) They have cleared out the annex which reduces the capacity to 562. They sent 36 by bus to Anderson County. The cost to house the inmates is $38.00 per day plus Vol I( IK Page Commissioners Court meeting January 27, 2009 7 transportation costs and medical costs. Also there are 80 on electronic monitoring and 36 are pending for monitoring. b) Tomorrow at 10:30 will be the ground breaking ceremony for the new jail. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He would like a posted meeting on the subject of paying non-profit organization with jury funds. He is really not in favor of this. He thinks people can deposit the jury check into their accounts and then write a personal check to a non profit organization. The District Clerk thinks there will be added expenses to handle this. There being no further business to come before the Court, the meeting was adjourned. Vol I I page The foregoing minutes of the Commissioners Court meeting held January 27, 2009 have been examined and are approved in open Court this the IqH- day of_ Nyjr k- 2009, in Bryan, Brazos County, Texas. Randy Si Lloydassermann County udge Commissioner, Precinct 1 ~r Duane Peters Kenny Mall*rr Commissioner, Precinct 2 Commissionecinc t 3 rey u y, Jr. , Commis ioner, Pre inc 4 Attest: *Kaenn McQueen County Clerk Vol 113 Page ___Lo BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT g; a©, Name (PLEASE PRINT) Organization/Department r `0 1-1 { (z/ OUG Akqc,i-) N~ ij AJ4~ J.''' 7 /6 s ~ BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT :C Name (PLEASE PRINT) Organization/Department AA, -5-N, y_ f BRAZOS COUNTY, TEXAS r a BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 -17.1 thru 17.4 On this the 27'h 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 27 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 27'h day of January 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Rand ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes jig BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 17.1 1/20/2009 FUND A31000100 ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 61130000 CR Contingency - General Fund 2,080.00 0100 72157000 DR Counseling Services 2,080.00 Juvenile Services To allocate funds from General Fund Contingency to allow for court ordered counseling from a Licensed Sex Offender Treatement Provider. Use of eneral fund contin enc approved b Commissioner's Court on Janu 20, 2009 item number 10. Department Approval, Date Prepared By:. Date: 1 f22%2009 oun J.Ud A royal Die )ig BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 -17.2 1/20/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 341300100 72381000 CR In atient Services 200,000.00 0100 34000100 73500000 DR Health & Human Serv IGT 200,000.00 Indigent Health Care To reallocate funds to allow for the proper classification of the intergovernmental transfer to Health and Human Services Commission of the State of Texas approved b Commissioner's Court on Janu 15, 2009 on addedum a enda item number 2. Department A roval; Pp Date Prep.~ _ared- By if': .Date:: 1122/2009 Corunty,,Jud ;lpproual Date VOL 11 I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 17.3 FUND DIV 1/20/2009 ACCT PROJ DR/CR ACCOUNT NAME 4500 63000500 65950000 CR Vehicle Maintenance Increase Decrease 4500 63000500 80890000 DR Vehicles 275.00 275.00 General Capital Improvements Projects To reallocate funds to allow for the a ent of vehicle a ui ment installation in Constable Pct. #2 Tahoe. This will ro erl classi the ex enditure. t Department Approval ` Prepared..By Date Date:- - 1/221/20910 i County Ju e A pproval" ` Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 17.4 FUND pIV 1/20/2009 ACCT PROJ DR/CR ACCOUNT NAME 0100 37000100 60170000 DR Co ier/Printer Supplies Increase Decrease 0100 37000100 65540000 CR Printer maintenance 125.00 125.00 A riculture Extension Service To reallocate funds to allow for rinter maintenanace. ;Prepared By: iF pepartment Approval Date J - Date 1/22/2©69 County Jud Approval Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 27, 2009 - s 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 County Clerk- Elections Earle, Patricia Termination District Attorney Capps, Kevin New Hire Silber, Gegory New Hire District Clerk Barber, Sarah Resignation Juvenile Services Alaniz, Jose Resignation Holster, David State Stipend Mathis, Jacklyn Resignation McCullar, Tiffney New Hire Approved in Commissioners' Court: January 27,2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) ~ AFT b _ PLO Y Oa BRAZOS COUNTY BRYAN, TEXAS COMMISSIONERS COURT ORDER PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Disaster Act of 1975, a state disaster has been based on the imminent threat of disaster from wildfire; and WHEREAS, declaration of such disaster authorized the imposition of controls on activities which tend to increase the likelihood of such fires: BE IT THEREFORE ORDERED that the following emergency regulations are hereby established for all unincorporated areas of BraZ2LE2M v , Texas for the duration of the above mentioned declaration; 1• Actions Prohibited: A person violates this order if he or she burns any combustible material outside of an enclosure serving to contain all flames and/or sparks, or orders such burning by others. 2• Enforcement: A. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. B. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the name of the person receiving the warning. 3. At the discretion of the peace officer or the fire chief, second or flagrant violations of this order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. BE IT ALSO ORDERED that this order may be enforced by any duly-commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace. APPROVED, this AL day of 20 Cq Randy Sims County Judge - Commissioner Lloyd Wassermann ti Commissioner Duane eters Precinct 1 Precinct 2 Commissioner C nny Mallard Precin 3 Com ssioner Carey Ca ey, r. (I Precinct 4 n-- nn nn, i LINCOLN NATIONAL LIFE INSURANCE COMPANY CONTRACT RENEWAL THIS CONTRACT RENEWAL is made and entered into by and between Brazos County and Lincoln National Life Insurance Company ("Lincoln") for the renewal of Lincoln's Policy Number 86-0051003 and is effective for the period 2/1/2009 to 2/1/2010. WHEREAS, Brazos County entered into a contract with Lincoln to provide group insurance coverage, the participation agreement having been signed on March 26, 2008; and WHEREAS, said contract has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original contract; W11EREAS, the parties desire to renew the contract for the year beginning on 2/1/2009 and ending on 2/1/2010 under the same terms and conditions as set forth in the original contract and participation agreement. NOW, THEREFORE, it is mutually agreed by and between the parties hereto: that the contract evidenced by Policy Number 86-0051003 shall be renewed for the annual period to commence on 2/1/2009 and ending on 2/1/2010. IT IS FURTHER AGREED that all terms and conditions of the original contract shall remain in force and effect and are incorporated herein by reference as if fully set forth. BRAZO O LINCOLN NATIONAL LIFE INSURANCE COMPANY Randy Sims ounty Judge DATE SIGNED: ~127~r DATE SIGNED: ATTEST: Karen Mc ueen, C/ou ty Cl - k /61141 LINCOLN NATIONAL LIFE INSURANCE COMPANY CONTRACT RENEWAL THIS CONTRACT RENEWAL, is made and entered into by and between Brazos County and Lincoln National Life Insurance Company C Lincoln") for the renewal of Lincoln's Policy Number 86-0051003 and is effective for the period 2/1/2009 to 2/1/2010. WHEREAS, Brazos County entered into a contract with Lincoln to provide group -insurance coverage, the participation agreement having been signed on March 26,2008; and WHEREAS, said contract has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original contract; WHEREAS, the parties desire to renew the contract for the year beginning on 2/1/2009 and ending on 2/1/2010 under the same terms and conditions as set forth in the original contract and participation agreement. NOW, THEREFORE, it is mutually agreed by and between the parties hereto: that the contract evidenced by Policy Number 86-0051003 shall be renewed for the annual period to commence on 2/1/2009 and ending on 2/1/2010. IT IS FURTHER AGREED that all terms and conditions of the original contract shall remain in force and effect and are incorporated herein by reference as if fully set forth. BRAZOS COUNTY LINCOLN NATIONAL LIFE INSURANCE COMPANY Randy Sims, County Judge , J . UNDERWKIT(tJ G /A GE2 DATE SIGNED: DATE SIG D: ATTEST: Karen McQueen, County Clerk 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 ~Ia/L A.D. V/10 *en cQueen ~ ~~m County Clerk, County of BRAZOS, State of Texas r Examined and approved in open Commissioners' Court this day of a r 200 Randy Sims, ounty Judge Lloyd assermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Kenny Mallard, Co issionNPrecii #3 Carey Cauley Commissioner Pr ci t #4 Treasurer's Report for the MONTH of NOVEMBER 2008 fig ~ ~ V O O O O O N~ W N 1V O lN0 0Np V N N N N N N N N 1-+ I-+ 1 O r 0 0 0 0 0 0 0 0~ O N O 0 0 0 0 0 0 0 0 0 0 0 0 p O 0 0 0 0 0 N O 9 V7 O n x~ m x~r1 n X71 ~ l.+ ~ ~ ~ , ~ ~ O O O O O O O O O O O O p n 3 r~ r O v 3~ c -iYr. D [m~ 11~ l1~ O g O O m r~ Z VA Z G~z~°Fc3gO° A°°SminnccT~Gnr~i 1r~T Om Q:::5:v Z -G v~. T z z O r O~ ° n p~ -i n O ~C D w 3 O D C . 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The with will be Bid 2009-30R with no increases in rice bid number to understand this agreement will be in effect u the County I Commissioner's Court, pon approval by CLEVELAND ASPHALT Signature D to Printed Name BRAZOS COUNTY Randy Sims ounty Judge _ Date