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Home My WebLink About2010-04-27-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA � )1 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 27 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 Wassermann. 2. Call for citizen's input and/or concerns. 3. Presentation by Cathy Cox of the Guardians of the Navasota River regarding their opposition to the proposed Millican Reservoir. Consider and take action on agenda items 4 —16: 4. Request from Jail Administration for permission to convert minimum security areas of the Jail to medium security, and modify existing low risk dormitory space to house medium custody inmates_ 5. Budget Amendment 09/10 — 28.1 thru 28.2. 6. Personnel Change of Status. 7. Payment of Claims. 8. Proclamation 10 -020 establishing April 2010 as Confederate History and Heritage Month in Brazos County. office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361 -4503 Vol. 13'J Pg 8-7 Commissioners Court Agenda 27 April 2010 Page 2 9. Resolution 10 -008 opposing the recommendation in the Region H Water Plan that the proposed Millican Reservoir be designated as a unique reservoir site by the Texas Legislature, and requesting removal of that recommendation from the Region H Water Plan and replaced with an alternate recommendation. 10. Addendum to the agreement with Documation which adds County's responsibility for self - insuring copiers leased by Brazos County from that company. 11. Request from the Expo Complex for permission to establish a $300 change fund for use in the rental and/or selling of items specific to events held at the Expo Complex. 12, Tax Refund Applications for the following: a. GMAC Mortgage b. Daniel B. & Suzanne L. Dodge c. Katherine A. Blackstock d. Danny J. Florence e. Vantage Point Title Texas Office f Francisco & Rosal Espericueta, Jr. g. Lois or Jeff Rogers h. Leone or Holly Haussman i. Earthart j. O'Blue Corp. k. Wells Fargo Home Mortgage 13. Capital Requisition 00028937 in the amount of $182,049.20 to Motorola, Inc. for the software upgrades and equipment for the Brazos Valley Wide Area Communications System (BVWACS). 14. Manual Requisition in the amount of $21,870.00 to PX Direct for the purchase of safety vestibules for the conversion of minimum security areas of the Jail to medium security. 15. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney, and §551.087 to discuss economic development negotiations. 16. Consider and possible action on the Executive Session. 17. Announcement of interest items and possible future agenda topics. 18. Cali for citizen input and/or concerns. 19. Agency / Board/ Committee reports by Court members. 20. Adjourn P g --- Commissioners Court Agenda 27 April 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 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 decomm 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 foram 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 please call (979) 361 -4102. Vol. 1 � J _ ___ — P g . $--- COMMISSIONERS' COURT REGULAR MEETING APRIL 27, 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 27, 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 by Cathy Cox of the Guardians of the Navasota River, Mark Dudley and Fred Anderson concerning their opposition to the proposed Millican Reservoir. They stressed the importance of opposing this move. They informed the Court that Grimes County has already passed Vol 13 '�) Page 19b Commissioners Court meeting April 27, 2010 2 a Resolution opposing the construction of the reservoir. The next matter for consideration was a request from the Jail Administrator for permission to convert minimum security areas of the jail to medium security, and modify existing low risk dormitory space to house medium security inmates due to a shortage of medium /maximum security beds. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #09/10 -28.1 through 28.2 that would transfer funds from Contingency to Capital Improvement Projects: Land Purchase, and to Capital Improvement Projects. 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 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: 7073576 through 7073886 Vol 133 Page 91). Commissioners Court meeting April 27, 2010 3 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 Proclamation 10 -020 establishing April 2010 as Confederate History and Heritage Month in Brazos County. Tina Snelling, Civil Counsel recommended inserting a paragraph approved by the National Chapter in Virginia and which stated the following as paraphrased: WHEREAS, it is important for all Texans to understand that the institution of slavery led to this war and was an evil and inhumane practice that deprived people of their God -given inalienable rights and all Texans are thankful for its permanent eradication from our borders, and the study of this time period should reflect upon and learn from this painful part of our history; and Ray James and Dave Burdett objected to the language, not because they supported slavery but because they believe it distorts the reasons men left their homes to fight in the war. They asked that this not be added to the proclamation. Bob Marcott said the Virginia Governor was criticized for not putting anything in about slavery. Mr. Marcott's biggest objection was that slavery "led" to the war. Commissioner Cauley moved to table consideration. However, Mr. Marcott stated that wording that did not connote slavery was the sole cause that led to the war would be acceptable. Based on this Vol 133 Page 9a Commissioners Court meeting April 27, 2010 4 compromise, Commissioner Cauley then withdrew her motion. Thereafter, on motion by Commissioner Cauley, seconded by Commissioner Mallard the Court voted unanimously to add the words "substantial factor" to the proclamation and it is recited as follows: WHEREAS, it is important for all Texans to understand that the institution of slavery was a substantial factor that led to this war and was an evil and inhumane practice that deprived people of their God -given inalienable rights and all Texans are thankful for its permanent eradication from our borders, and the study of this time period should reflect upon and learn from this painful part of our history; The Court also proclaimed April 2010 as Confederate History and Heritage Month in Brazos County. The County Judge read aloud Proclamation #10 -006 opposing the recommendation of the Region H Water Plan that the proposed Millican Reservoir be designated as a unique reservoir site by the Texas Legislature and requesting the removal of recommendation from the Region H Water Plan and replacement with an alternate recommendation. Commissioner Peters moved to approve the Proclamation and to forward it to Region G & H and the state representatives. Commissioner Wassermann seconded the motion. Tina Snelling, Civil Counsel said the public was not notified of a posting for Region G and a posting would be necessary. After further discussion Vol 133 Page q3 Commissioners Court meeting April 27, 2010 5 Commissioner Peters moved to amend the original motion to include a modification to the wording in the last paragraph as follows: "...removed from Region H Plan and replaced with an alternative water source recommendation." On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the amendment to Resolution. Then on motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Resolution and forward it to Region H and the state representatives. The next matter for consideration was an Addendum to the Agreement with Documation that states that Brazos County is Self Insured to cover damage to any of the current leased copiers if damage occurs during a fire, flood, etc. This will prevent extra monthly charges for insurance on the copiers. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Addendum to the Agreement with Documation. The Court next considered a request from the Exposition Complex for permission to establish a $300 change fund to be used by the Expo Staff for the rental and /or the selling of items specific to events held at the Expo Center. On motion Vol 153 Page q' Commissioners Court meeting April 27, 2010 6 by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. GMAC Mortgage, over payment $477.72 b. Daniel B. & Suzanne L. Dodge, over payment $424.28 c. Katherine A. Blackstock, over payment $6.77 d. Danny J. Florence, over payment $16.54 e. Vantage Point Title Texas Office, over payment $31.94 f. Francisco & Rosal Espericueta, Jr., over payment $4,229.12 g. Lois or Jeff Rogers, over payment $33.89 h. Leone Or Holly Haussman, over payment $789.940 i. Earthart, over payment $205.54 j. O'Blue Corp., over payment $85.14 k. Wells Fargo Home Mortgage, over payment $1,777.03 On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered capital requisition #00028937 in the amount of $185,049.20 to Motorola, Inc. for the software upgrades and equipment for the Brazos Valley Wide Area Communications System (BVWACS). On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the capital requisition. It was noted that the amount stated on the agenda was incorrect but the motion to approve the requisition stated the correct amount. Vol I ?)� Page 6�5 Commissioners Court meeting April 27, 2010 7 The next matter for consideration was a manual requisition in the amount of $21,870.00 to PX Direct for the purchase of safety vestibules for the conversion of minimum security areas of the jail to medium security. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The County Judge deviated from the agenda and considered item 18. Under citizen input and /or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There were 519 inmates in jail, 79 have electronic monitors and 53 are pending for monitors. Justice of the Peace, Precinct 1, Mike McCleary a) Formally asked to be placed on the agenda for next week so that he could request a part time clerk. The County Judge next considered agenda item 15. At 10:19 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, Irene Jett, Budget Officer, Tina Snelling, Civil Counsel, Bill Ballard, Civil Counsel, Katie Conner, County Auditor, Debbie Lockledge, Vol X33 Page q(o Commissioners Court meeting April 27, 2010 8 Administrative Assistant to the County Judge and Bill Lero stayed for the meeting. Commissioner Wassermann left while in Executive Session. At 11:29 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. 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 133 Page 11-7 The foregoing minutes of the Commissioners Court meeting held April 27, 2010 have been examined and are approved in open Court this the _ day of 2010, in Bryan, Brazos County Texas. Randy Judge lei Z WQ-1 GJtis'l�t n .� Lloyd Wassermann Commissioner. Precinct 1 Duane Peters Commissioner. Precinct 2 Attest: Kenny Malla Commissione , Precin 3 Vol 133 Page q8 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2010 @ flv Name Organization / Department TT 7 94 �- (� c. Sc�/ I) Le g Z) 1 s �. (J34Er W A on C . - u. 0 sac PAGE / of 3 Vol. 133 pg.7_ BRAZOS COUNTY COMMISSIONERS COURT Meeting on aza ,,� /, 2010 @ l� Name Organization / Department �v se-, S. a r'eo e-, J 6++ &ria, Gmlb 4414or r C LJ I l ,4�,W �n5 EG le c r,, y /"a H dl, Ar W- SG PAGE 2 of 3 Vol. 1' p ).bb BRAZOS COUNTY COMMISSIONERS COURT Meeting on 7� , 2010 @ ' °o Name Organization / Department 6 w/N /lil LA&W 4vo 204 a a F ", � PAGE 3 of 3 Vol. Pg. ) 0 ( #5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 28.1 thru 28.2 On this the 27 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 27 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 27 day of April 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Randy Syns, 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. 133 p 1 o a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 28.1 4/27/2010 FUND 0100 1 DIV 11001500 1 ACCT 61130000 PROJ DR/CR CR ACCOUNT NAME Contingency- General Fund Increase Decrease 3,858.50 0100 1 1 91110000 DR Transfer to Capital Im rovements 3,858.50 4500 49028000 CR Transfer fin General Fund 3,858.50 4500 63000500 80440000 DR Capital Projects - Land 3,858.50 Capital Improvement Projects: Land Purchase To cover closin costs for BISD Land pur chase. Vol. 133 Pg. I o,3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 28.2 4/27/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 25,000.00 0100 91110000 DR Transfer to Capital Im rovements 25,000.00 4500 49028000 CR Transfer fm General Fund 25,000.00 4500 63000500 80101008 DR Building Renovation -Jail 25,000.00 General Fund Contingency Capital Improvement Projects: To allocate funding for the conversion of three existing dormitories in the Detention Center from Low Risk to Medium Risk holding dormitories Prepared By WP-B Date, . a a'a 4/15/2010, Vol. ) > Pg• d `f PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 27, 2010 Department Submitting Information: Human Resources Purnose of Submissions: Consider and Take Action on Change Requests & Department Submitting Employee Request Action Requested Request(s) Applies To Auditor Holloway, Victoria New Hire See, Magdalen Transfer w /in Dept. District Clerk New Hire Transfer to Another Dept. Resignation New Hire New Hire Langley, Michelle Morgan, Lori Saculla, Elizabeth Williamson, Matthew Williamson, Tyler IT Road and Bridge Approved in Commissioners' Court: April 27, 2i County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) vol. 133 Resignation Davis, Paul Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Bass, Anthony Buchanan, Larry Carlisle, Kevin Mitchell, Paul Villalpando, Roland Villeda, Gregorio MRAZOS COUNTY BRYAN. TEXAS RESOLUTION WHEREAS, Brazos County recognizes the importance of the need to plan for future water requirements to meet the projected growth within Region H and throughout the State of Texas; WHEREAS, Brazos County recognizes the many factors and challenges involved in developing a comprehensive water plan to provide for future water requirements; WHEREAS, Brazos County supports many of the recommendations contained in the proposed 2011 Region H Water Plan that if implemented will materially increase the future water supply in the Region; WHEREAS, the proposed Region H Water Plan includes the proposed Millican Reservoir and recommends it's designation as a unique reservoir site by the Texas Legislature; WHEREAS, the designation of the Millican Reservoir as a unique reservo site most likely will have a negative impact on land values, farmingtranching operations, wild life habitat/management, minerals, public facilities, state and county highways and roads, and the tax base of Brazos and surrounding counties; WHEREAS, the location of the proposed reservoir dam has not been identified, and no in -depth study has been conducted to assess the total impact the designation/construction of the Millican Reservoir would inflict on the affected area; WHEREAS, the proposed Millican Reservoir would have no positive economic value to Brazos County as under the proposed plan it would act as a holding reservoir to supply projected water requirements for the Gulf Coast Area and not suitable for recreational use; NOW THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas that it is the opinion of this Court that sufficient information has not been developed to determine the total impact the designation of the proposed Millican Reservoir as a unique site will have on the affected areas; and BE IT FURTHER RESOLVED THAT by adoption of this resolution the Commissioners Court of Brazos County, Texas opposes the inclusion of a recommendation in the Region H Water Plan that the proposed Millican Reservoir be designated as a unique reservoir site by the Texas Legislature, and asks for that recommendation to be removed from the Region H Water Plan and replaced with an alternate water source recommendation. ADOPTED AND PASSED THIS -27+ Comer Lloyd Wassermann Precinct 1 )AY OF I ' 2010. Sims Judge Commissioner Duane Peters Commission t fenny M '1 Precin t 3 Vol. 133 Pg. v Rooltid n810-008 SELF - INSURED ADDENDUM Addendum dated 3 -17 -2010 between County of Brazos as Customer and Documation as Lessor. The Agreement imposes certain obligations on the Customer with respect to maintaining insurance on the equipment subject to such Agreement to cover risk of loss or damage to such equipment. Customer has indicated to Lessor that Customer will not carry insurance from a third party with respect to such risks. Rather, Customer will "self- insure" the equipment by maintaining sufficient liquid assets and overall financial strength to fully cover such risks. Customer acknowledges and confirms that, notwithstanding the foregoing, Customer remains solely responsible for risk of loss or damage to the equipment under the terms of the Agreement. Lessor further reserves the right to require Customer to purchase and maintain insurance from a third party to cover the foregoing risks in accordance with the terms of the Agreement upon any default by Customer under the Agreement or if Lessor reasonably determines that Customer does not have sufficient liquid assets or overall financial strength to adequately "self- insure" the equipment for such risks. Please indicate your agreement to the foregoing by signing where indicated below: Documation Inc. Lessor Signature Signature Title Title Date Date 3u9c' NOTE: SIGNER OF THIS ADDENDUM MUST BE SAME AS ON FRONT OF AGREEMENT. A FACSIMILE OF THIS AGREEMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. Vol. ) 33 pg. ) v ---- 7 -- 2021