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HomeMy WebLinkAbout2010-04-13-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA A 10 42, BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 13 APRIL 2010 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 for citizen's input and/or concerns. Consider and take action on agenda items 3 — 19: 3. Budget Amendment 09/10 — 26.1 thm 26.5. 4. Personnel Change of Status. 5. Payment of Claims. 6. Request from Juvenile Services for the following salary adjustments: a. JPO II — Probation Supervisor, Position 1, Class 1867 From: Group 20, Step 10 @ $48,442/year To: Group 20, Step 6 @ $43,869/year b. Nurse LVN — Juvenile Detention, Position 1, Class 1841 From: Group 17, Step 5 @ $36,916 /year To: Group 17, Step 9 @ $40,737 /year 7. Request from Building Maintenance for $8,156.95 from Contingency to replace two air condition units at the Juvenile Justice Center. Office of the County Judge • 200 South Texas Ave. • Suite 332 •��Yan. Texas 77803 • Fax: (979) 361 -4503 Vol. 153 pg. t� Commissioners Court Agenda 13 April 2010 Page 2 8. Appointment of Michael Z. Jones as a non -paid Deputy Constable in the Precinct 2 Constable's Office. 9. Out of state travel request from the District Attorney's Office to send ADA -Doug Howell and ADA -Danny Smith to an Office Administration Course in San Diego, California (9 -13 May 2010) and ADA -Brian Price to a Career Prosecutor Course in Charleston, South Carolina (6 -16 June 2010). 10. Tax Refund Applications for the following: a. Brenda Evans d. Albert & Mary Clark b. Lacey L. Glover e. Chase Home Finance LLC c. Senior RE Choice College Station LLC 11. Permission to award Bid 2010 -26, Mowing County Right -of -Way, to Cedar Solutions based on best price. 12. Permission to reject all bids submitted for Bid 2010 -25, 12 -inch Rip Rap, and re- advertise this bid. 13. Change Order to the contract with Britt Rice on the Jail Expansion Project for the following: a. Materials ($16,209.08) Deduct b. Labor ($ 3,002.36) Deduct c. 20% Restock Fee $ 1,908.00 Add d. Admin. Fee $ 486.27 Add e. Bond Savings ($ 33.58) Deduct Total if all approved: ($16,850.75) Deduct from original contract 14. Permission to enter Brian Stephen's property located off Tonkaway Lake Road for the purpose of disposing of trees and brush from the county right of way for the health, safety and welfare of the general public. Site is located in Precinct 3. 15. Permission to enter Lathi Taylor's property located off Castenson Raod for the purpose of cleaning silt from a natural drainage area to drain water from the roadway for the health, safety and welfare of the general public. Site is located in Precinct 2. 16. Acceptance of a Special Warranty Deed from W. W. Humphries Family Limited Partnership for improvements to Morgan Road located in Precinct 2. 17. Payment Authorization in the amount of $6,311.09 to Jack Winslow Body Shop for repairs to a 2009 Tahoe; a purchase order was not obtained in advance. 18. Convene into Executive Session pursuant to §551.087 of the Texas Government Code to discuss economic development negotiations. Vol. ___ Imo— Pg ---- Commissioners Court Agenda 13 April 2010 Page 3 19. Consider and possible action on the Executive Session. 20. Announcement of interest items and possible future agenda topics. 21. Call for citizen input and/or concerns. 22. Agency / Board / Committee reports by Court members. 23. Adjourn 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 1 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: 1. cancellation of a speaker's 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 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. voi. 03 Pg. COMMISSIONERS' COURT REGULAR MEETING APRIL 13, 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, April 13, 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and then led the pledge of allegiance. Under citizen input /and or concerns, the following spoke: Chief Deputy Mike Wilson a) Said that there were 527 inmates in jail, 71 were on electronic monitoring and 75 were pending for monitoring. The Court next considered Budget Amendment #09/10 -26.1 through 26.5 that would adjust the Law Enforcement Officers Vol 133 Page 3� Commissioners Court meeting April 13, 2010 2 Standards and Education (LEOSE) to actual funds available; reallocate funds for Justice of the Peace, Precinct 2, Place 2, Justice of the Peace, Precinct 2, Place 1, Justice of the Peace, Precinct 1; and set up the Technology Enhancement Grant. 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. Commissioner Wassermann moved to approve the changes as submitted. Commissioner Peters seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye ". Commissioner Cauley voted "No ". The motion carried. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7073046 through 7073312 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. Vol W Page J5 Commissioners Court meeting April 13, 2010 3 The next matter before the Court was consideration of a request from the Juvenile Services Department for the following salary adjustments: a. JPO II - Probation Supervisor, Position 1, Class 1867 From: Group 20, Step 10 to Group 20, Step 6 b. Nurse LVN - Juvenile Detention, Position 1, Class 1841 From Group 17, Step 5 to Group 17, Step 9 This is necessitated in order to attract more qualified applicants for the LVN position. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was consideration of a request from the Building Maintenance Department for $8,156.95 from Contingency funds to replace two air conditioning units at the Juvenile Justice Center. The new units will not communicate with the current software and will not function correctly without it. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered a request from Constable Precinct 2, Donald Lampo, to appoint Michael Z. Jones, as a non -paid Deputy Constable. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Constable Lampo to Vol )3,3 - Page J� Commissioners Court meeting April 13, 2010 4 appoint Michael Z. Jones as a non -paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter for consideration by the Court was a request submitted by the District Attorney seeking approval for out of state travel for Assistant District Attorneys Doug Howell, Danny Smith to travel to San Diego, California to attend the National District Attorneys Association's Policy and Management Course May 9 -13, 2010 and for Assistant District Attorney Brian Price to a Career Prosecutor Course in Charleston, South Carolina June 6 -16, 2010. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the District Attorney and approved payment of out of state travel expense for Assistant District Attorneys Doug Howell, Danny Smith and Brian Price. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Brenda Evans, over payment $282.25 b. Lacey L. Glover, over payment $218.22 c. Senior RE Choice College Station LLC, over payment $152.97 d. Albert & Marry Clark, over payment $322.00 e. Chase Home Finance LLC, over payment $3,609.04 Vol 133 Page �� Commissioners Court meeting April 13, 2010 5 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered Bid 2010 -26, Mowing of County Rights -of -way. Commissioner Peters moved to approve the awarding the bid to Cedar Solutions. The County Judge seconded the motion. Commissioner Wassermann reminded the Court that in 2007 when the county got horrible service and finally fired the low bidder, Wellmann bailed the county out. He is in favor of saving money but just hopes this company is good. Wellman is the only company he has gotten calls on complimenting their work. Cedar Solutions has submitted a really low bid and he is concerned service won't be good. He will be watching them very closely. Bill Jeanes, Risk Manager stated that two clauses are not in the contract currently that need to be included. One is the hold harmless clause and the other is indemnity. Tina Snelling, Civil Counsel clarified that the Court was accepting the bid but not a contract at this time. Commissioner Peters and the County Judge withdrew their motion and second. Commissioner Cauley asked about tabling consideration at this time in order to gather more information. Then on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve Vol 133 Page 38 Commissioners Court meeting April 13, 2010 6 subject to the bidder signing a contract with the insurance u provisions and with indemnity clauses and if possible letters of reference from previous users. The next matter for consideration was a request from the Purchasing Department to reject all bids submitted for Bid 2010 -25, 12 Inch Rip Rap, and permission to re- advertise the bid. The reasoning being that, only two responses were received with only one respondent acknowledging an addendum. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request to reject all bids submitted and to re- advertise the bid. The Court next considered a Change Order to the contract with Britt Rice on the Jail Expansion Project. This is necessitated due to there being a duplication of cabling work in the scope of work for Britt Rice and Turner Construction. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Change Order for the following amounts: a. Materials b. Labor C. 20% restocking fee d. Administration Fee ($16,209.08) deduct ($ 3,002.36) deduct $1,908.00 add $ 486.27 add e. Bond Savings Vol ! 33 Page 39 ($ 33.58) deduct Commissioners Court meeting April 13, 2010 7 Total ($16, 850.75) 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 permission to enter the private property of Brian Stephen on Tonkaway Lake Road in Precinct 3 to clear trees and brush from the county right -of -way. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. 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 permission to enter the private property of Lathi Taylor on Castenson Road in Precinct 2 to clean silt from a natural drainage area to drain water from the roadway. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The Court next considered acceptance of a Special Warranty Deed for right -of -way on Morgan Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Vol ]3 Page 40 Commissioners Court meeting April 13, 2010 8 Warranty Deed from W. W. Humphries Family Limited Partnership for the expansion and improvements to Morgan Road. The next matter for consideration was a payment authorization in the amount of $6,311.09 to Jack Winslow Body Shop for repairs to a 2009 Tahoe being used by the office of Constable, Precinct 1. No purchase order was obtained in advance. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. At 9:26 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. Candy Gallego, Executive Assistant, Tina Snelling, Civil Counsel, Irene Jett, Budget Officer, Bill Jeanes, Risk Manager, Bill Ballard, Civil Attorney, Debbie Lockledge, Administrative Assistant, Bob Malaise, and Todd McDaniel representatives of the Research Valley Partnership attended the meeting. At 10:15 a.m. the County Judge announced the meeting open to the public and on motion by the County Judge, seconded by Commissioner Cauley, the court voted unanimously to authorize the Research Valley Partnership to negotiate with West Vol I X1 Page LH Commissioners Court meeting April 13, 2010 9 Corporation and authorized the County Attorney to collect on defaulted taxes. 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: Commissioner Cauley a. She attended the A &M Black Former Student Network Summit on April 9 th and 10 Commissioner Mallard a. Asked about the HOT meeting whereupon Irene Jett, Budget Officer replied that she had submitted financial statements. Tom Quarles, Director of Special Events Facilities gave a review of events at the Exposition Complex. There have been 400 events there since it first opened. Seventy 70 events this year. He plans to have an impact study to see the economic impact on this area. There being no further business to come before the Court, the meeting was adjourned. Vol Page ra The foregoing minutes of the Commissioners Court meeting held April 13, 2010 have been examined and are approved in open Court this the JUf day of M T 2010, in Bryan, Brazos County,,, Texas. Randy S County, Duane Peters Commissioner, Precinct 2 Commissioner,( Precinct 4 Attest: �///� `Kd -ren McQueen County le Lloy Wassermann Commissioner, Precinct 1 Kenny Mall r Commissioneld Precinct 3 Vol 133 Page 13 BRAZOS COUNTY COMMISSIONERS COURT Meeting on A n/ i ( 3 2010 Name Organization / Department f � �Krc�r u PAGE / of Vol. 3'J Pg•- ---__' BRAZOS COUNTY COMMISSIONERS COURT Meeting on 1 2010@ 4 5 1 "e � , - YL Name Organization / Department t W�, QZ,C )Qi PAGE ; of f Vol. 1 p t45 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 26.1 thru 26.5 On this the 13' day of April 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 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 13 April 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 13' day of April 2010. THE COMMISSIONERS COURT O COUNTY, TEXAS. Randy,Sfms, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. ) 33 pg. 444 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 26.1 All 117M n FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1800 30000100 6 1151100 DR LEOSE Constable Pct 1 1,254.22 1800 30000100 61151200 DR LEOSE Constable Pct 2 904.93 1800 30000100 61151300 DR LEOSE Constable Pct 3 1,255.04 1800 30000100 61151400 CR LEOSE Constable Pct 4 688.90 1800 30000100 61151800 DR LEOSE County Attorney 1,329.59 1800 30000100 61151900 DR LEOSE District Attorney 5,124.91 1800 30000100 61152800 CR LEOSE Sheriff 6,733.28 1800 48063000 CR LEOSE Training 263.75 1800 47010000 CR Reserve Fund Balance 6,777.30 Law Enforcement Officers Standards and Education (LEOSE): During the budget process the reserve funds at the fiscal year end as well as the estimated for the following ear's allocation are estimated. The current ear's funds are not received until March 2010, therefore, th is amendment is to adjust the budget to the actual funds available. Vol. 133 Pg .- 1+1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 26.2 4/13/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005220 60170000 CR Co ierJPrinter Supplies 48.00 2400 24005220 67203000 DR Minor Computer Hardware 48.00 Justice of the Peace Technology Fund: JP. Pct 92.2 Munoz To reallocate funds to cover actual cost of budgeted computers. Vol. 133 BRAZOS COUNTY, TEXAS r" BUDGET AMENDMENTS No. 09110 - 26.3 4/13/2010 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24201100 61250000 CR Dues 105.00 0100 24201100 61460000 CR Pager 60.00 0100 24201100 61110000 DR Conference & Seminar Fees 165.00 Justice of the Peace, Pct 2.1. To pay for seminar fees for u co ing .1P staff for the reminder of the fiscal year. P eparei B s is a e- ° u VOI. I � Pg. - - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 26.4 4113/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005100 61130000 CR Contingency -JP Technology Fund 900.00 2400 24005100 67203000 DR Minor Computer Hardware 900.00 Justice of the Peace, Pct 1: To reallocate funds to purchase an additional scanner. Pre of m �"` ' QeWPB Date: ° ¢ 4 1 8120,70 Vol. 1 3 3 . pg. 5 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 26.5 4/1 312 01 0 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 289000 67203000 DR Minor Computer Hardware 1,090.00 3000 289000 67281000 DR Equipment - Electronic 2,995.00 3000 289000 67286000 DR Equipment - Other 2,878.00 3000 289000 80203000 DR Computer - Hardware 5,532.00 3000 48048600 CR Tech Enhencement - ARRA 12,495.00 Brazos County Grant Fund: Technology Enhancement - ARRA To set up Technology Enchancement ggrant as appr oved b the Governor's office Division of Criminal Justice. Prepared F WP � °. �,��4I6f ?010 Vol. W Pg. S -- 1 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 13, 2010 Department Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting District Clerk Collections Human Resources Employee Request Applies To I" Action Requested Carter, Rachel ���GJG:2; S�Resignation Cantu, Jacklyn Approved in Commissioners' Court: April 13, 2 "'" County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 1 �35 Budgeted Increase