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HomeMy WebLinkAbout2010-03-23-9:00AM-REGULAR1 1 711 'lj phi =' '_. :1 BRAZOSCOUNT BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 23 MARCH 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. Invocation and Pledge of Allegiance — Commissioner Wassermann. 2. Call for citizen's input and/or concerns. 3. Presentation regarding Delinquent Property Tax Collection Activity for the period of 1 September 2009 through 28 February 2010. Consider and take action on agenda items 4 — 15: 4. Budget Amendment 09/10 — 23.1 thru 23.4. 5. Personnel Change of Status. 6. Payment of Claims. 7. Acceptance of the verbal resignation of Hawley West as Fire Commissioner on the Emergency Services District 42 Board, effective immediately. Mr. West resigns after 20 years of faithful service as a Fire Commissioner. 8. Appointment of Larry West, Sr. as Fire Commissioner on the Emergency Services District #2 Board; Mr. West replaces Hawley West and will serve the remainder of that term through 12/31/2010. Office of the County Judge 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 Fax: (979) 361 -4503 voi. l 3 a Pg. 'a 6;Z Commissioners Court Agenda 23 March 2010 Page 2 9. Reappointment of the following Fire Commissioners on the Emergency Services District #2 Board; term of each appointment is 1/01/2010 through 12/31/2011: a. James Rosier b. Justin hick 10. Resolution 10 -006 establishing April 2010 as County Government Month in Brazos County. 11. Proposed amendment to the Research Valley Partnership By -laws regarding the appointment and qualifications of Directors. 12. Capital Requisition #00028460 in the amount of $12,346.46 to Texas Communications for the purchase of radio repeaters for the jail expansion. 13. Tax Refund Applications for the following a. Catron & Sewart, PC d. Irene G. Becka b. John Webb Lawrence e. David Paul Bigley c. Fidelity National Title Insurance Co. 14. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney to discuss pending litigation. 15. Consider and possible action on the Executive Session. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. Adjourn Vol. �— pg'�_ Commissioners Court Agenda 23 March 2010 Page 3 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: I . cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces arc available. Any request for sign interpretive services must be made two workin fore the meeting. To ma art ements, please call (979) 361 -4102. Vol. s be Pg. b COMMISSIONERS' COURT REGULAR MEETING MARCH 23, 2010 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, March 23, 2010 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; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Wassermann 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 & Allen, P.C. Attorneys at Law. Mr. Veselka stated that there are about the Vol 13a Page ads Commissioners Court meeting March 23, 2010 2 same number of delinquencies but people are having a harder time getting money to pay their taxes. The Court next considered Budget Amendment #09/10 -23.1 through 23.4 that would reallocate funds for the HOT Fund, Treasurer's Office, Brazos Center; and transfer funds from Contingency to the Veteran's Office. On motion by Commissioner Cauley, seconded by Commissioner Peters, 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 Wassermann, 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: 7072334 through 7072553 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the resignation of Hawley West as Fire Commissioner for District #2. On motion by Commissioner Peters, seconded by Vol 13a Page ab(e Commissioners Court meeting March 23, 2010 3 Commissioner Wassermann, the Court voted unanimously to accept the resignation of Hawley West as Fire Commissioner for District #2. The Court next considered the appointment of an individual to serve as Fire Commissioner on the Emergency Services District #2 Board. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to appoint Larry West, Sr. as Fire Commissioner for District #2, to fill the remainder of Hawley West's term. Larry West's term will run from April 2010 through December 31, 2010. The next matter for consideration was the reappointment of Fire Commissioners on the Emergency Services District #2 Board. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to reappoint James Rosier and Justin Irick as Fire Commissioners on the Emergency Services District #2 Board. Their terms begin January 1, 2010 through December 31, 2011. The Court next considered Resolution 10 -006 establishing April 2010 as County Government Month in Brazos County. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to adopt Resolution #10- 006 declaring the month of April 2010 as County Government Vol if 3a Page ao'7 Commissioners Court meeting March 23, 2010 4 Month. The Court encourages the citizens to participate in all aspects of their county government and to renew their acquaintanceship with the many services that counties provide The Court proceeded to consider the proposed amendment to the Research Valley Partnership By -laws regarding the appointment and qualifications of Directors. The following are the changes that were made: a) shall be appointed by the Invest Research Valley Leadership Council b) one non - voting member who shall be appointed by the President of the Texas A &M Health Science Center. Commissioner Mallard stated that the Research Valley Partnership is trying to get more community involvement by funding the new positions on the Board. Todd McDaniel and Cecilia Goode Haddock explained further. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the amendment. The Court next considered capital requisition #00028460 in the amount of $12,346.46 to Texas Communications for radio repeaters for the jail expansion. on motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. Vol Q R Page as 8 Commissioners Court meeting March 23, 2010 5 The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Catron & Sewart, PC, over payment $210.01 b. John Webb Lawrence, over payment $27.44 c. Fidelity National Title Insurance Co., over payment $192.08 d. Irene G. Becka, over payment $25.93 e. David Paul Bigley, over payment $209.11 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. At 9:29 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss pending litigation as allowed under Section 551.071 of the Texas Government Code. At 10:09 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There were 504 inmates in jail, 61 have monitors and 71 are pending for monitors. Vol 13 Page a o Commissioners Court meeting March 23, 2010 6 Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He drove to Frisco yesterday to see their "Safety City ". There being no further business to come before the Court, the meeting was adjourned. Vol 13R Page al a The foregoing minutes of the Commissioners Court meeting held March 23, 2010 have been examined and are approved in open Court this the day of 4[:1'( 2010, in Bryan, Brazos Coun Randy S County, Duane Peters Commissioner, Precinct 2 Qbscnt Irma Cauley Commissioner, Precinct 4 Attest: Ka en McQueen County Clerk ".0 / Z Lloyd Whssermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol j5a Page a I I BRAZOS COUNTY COMMISSIONERS COURT Meeting on �� 2010 PAGE _/ of Z Vol. I---= Pg. a _ Organization Depa rtment �� ,amW? 1 ► had ��.�.. Mama EVEN I N PAGE _/ of Z Vol. I---= Pg. a _ BRAZOS COUNTY COMMISSIONERS COURT Meeting on / � 2010@ Name Organization / Department t,v [5 � � vueil YCYS i /t Ca r r PAGE 2 of Z V 13a p a_ BRAZOS COUNTY, TEXAS ly BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 23.1 thru 23.4 On this the 23 day of March 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 C. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23 March 2010 the Court heard and approved a budget amendment for the 2009 -2010 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 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23` day of March 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. M Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 13_ pg. 1 _ 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 23.1 znarnrtn FUND 1100 DIV 11002500 ACCT 61880000 PROJ DR/CR CR ACCOUNT NAME Utilities Increase Decrease 24,000.00 1100 11002600 65050000 DR Buildine Maintenance 6,000.00 1100 11002600 67286000 DR Equipment - Electronic 3,000.00 1100 11002600 71060000 DR Contract Utility Construction 15,000.00 HOT Fund: To reallocate funds in HOT - Marketing Reimbursement Division (1 1002600) to cover the ex enditure moved from the Ex o Center Administration Division 36000100 . ;Prepared By Vol. I ,P\ Pg. a �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 23.2 3/23/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12000100 61801000 CR Travel 300.00 0100 12000100 65450000 DR Office Equipment Maintenance 300.00 Treasure: To reallocate funds to cover the cost of re iairing the folding machine. Pre aredy u> 1_NPB Date ix 1: 20 10 Vol. _ 13 a _ P a___ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 213 3/23/2010 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 60440000 CR Janitorial Supplies 225.00 0100 36500100 72590000 DR Professional Fees- Other 225.00 Brazos Center: RDM is re uin . ng a $499 fee to provide an estimate for our sounds stem upgrade. This fee can be ap ied toward put hase. Vol. I NI P a 17 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 23.4 312312n1 n FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 1,740.00 0100 10002000 53200000 DR Retirement 1,740.00 General Fund Contingency & Veteran's Office: To reallocate funds due to an error when calculating benefits during the budget cycle. This budget amendment will correct the oversight. Prepared By r ?' WPB Date 8l4?!4l1i 3/i -71-2010 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 23, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests .1 Department Submitting Employee Request Action Requested Request(s) Applies To Auditor Garton, John Resignation Pratt, Brian Promotion District Clerk Thomason, Jessica Resignation Juvenile Daily, Apollos New Hire Tates, Linda New Hire SO Jail Rivera, Stephen Termination Wright, Kathryn Promotion Approved in Commissioners' Court: March 23, County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol._ ARTICLE III. APPOINTMENTAND QUALIFICATIONS OF DIRECTORS The Directors shall be appointed in the following manner: three (3) shall be appointed by the City Council of Bryan, three (3) shall be appointed by the City Council of College Station, three (3) shall be appointed by the Brazos County Commissioner's Court, one (1) shall be appointed by the President of Texas A &M University, two (2) shall be appointed by The Partnership, one (1) shall be appointed by the Bryan- College Station Chamber of Commerce, and one (1) shall be appointed by the Invest Research Valley Leadership Council. One of the three appointees representing the City of Bryan, City of College Station and Brazos County to The Partnership Board shall be an elected member of City Council or Commissioner's Court. In addition to duties of The Partnership board members outlined herein, it shall be the duty of these elected officials to serve a liaison function between The Partnership and the governing body of the governmental entity from which they were appointed. Such liaison role may include providing periodic reports on the activities and plans of The Partnership to the governmental body and communication of the priorities of the governing body to The Partnership Board. The remaining non - elected representatives of the cities and county shall meet whatever qualifications the entity may establish. At such time that the appointed elected representative should cease to be an elected official, he /she will be required to resign The Partnership Board position and the governmental entity affected will appoint a new representative from the entity to fill the vacant position. The Bryan City Manager and the College Station City Manager shall serve as ex- officio members of the Board of Directors, without vote. There shall also be one (1) non -voting member who shall be appointed by the President of Blinn College and one (1) non - voting member who shall be appointed by the President of the Texas A&M Health Science Center. The Chamber representative will be appointed for a one -year term. No voting Director may serve more than one unexpired term, plus two (2) consecutive three (3) year terms as Director of the Corporation except as noted below regarding Immediate Past Chairman and elected officials. Any Director of the Corporation who is ineligible for immediate reappointment under the preceding sentence is ineligible for reappointment for a period of one (1) year following the expiration of his term. Notwithstanding the ineligibility of the Immediate Past Chairman, pursuant to the preceding paragraph, to continue to serve on the Board, the Immediate Past Chairman shall continue to serve as a voting member of the Board and a voting member of the Executive Committee until the end of the term of the then serving Chairman. Elected officials may be appointed for an additional term or partial term by their respective City Councils and Commissioners Court, not to exceed their term as an elected official. Vol.