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HomeMy WebLinkAbout2010-05-18-6:00PM-REGULARIli P TY OF BY -i i BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 18 MAY 2010 AT 6:00 P.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 — 22: 3. Manual Requisition in the amount of $181,728.00 to Dallas Dodge for the purchase of nine (9) Dodge Chargers for the Brazos County Sheriffs Office, Jail, Constables and Juvenile Services; to be paid from Contingency. 4. Budget Amendment 09/10 — 30.1 thru 31.10. 5. Personnel Change of Status. 6. Payment of Claims. 7. Proposed revisions to the Brazos County Subdivision Regulations governing the placement of driveways, culverts, sidewalks and mailboxes within County easements and rights -of -way. 8. Interlocal Agreement with the Brazos Valley Council of Governments for Emergency Power. Generation Capacity; term of agreement is from the date this agreement is fully executed to 1 June 2010. Office of the County Judge • 200 South Texas Ave. Suite 332 Bryan, Texas 77803 • Fax: (979) 361 -4503 Von. 1 pg. a 57 Commissioners Court Agenda 18 May 2010 Page 2 9. Reappointment of the following individuals to the City of Bryan & Brazos County Economic Development Foundation; term of appointment is 5/12/10 — 5/12/11: a. Commissioner Duane Peters b. Mark Carrabba. 10. Commissioners Court minutes for the following 2010 dates: a.. 6 April Regular Meeting b. 13 April Regular Meeting c. 20 April Regular Meeting 11. Tax Refund Applications for the following: a. Maria Delourdes Madrigales b. Freddy Harkey, Jr. c. Robert L. & Artesa C. Johnson d. Citimortgage d. 27 April Regular Meeting e. 28 April Workshop Session e. Dean L. & Kriss H. Boyd, Jr. f. Dave & Norma Diggins g. Randall Petroleum Corp. 12. Permission to advertise Bid #2010 -35, Asphalt and Emulsion — CRS -2 & SS -1 13. Change Order to P.O. 1000025 for Austin Environmental, adding $6,500.00 for additional asbestos abatement to the courthouse renovation project. 14. Renewal of RFP 2009 -40, Landscape Maintenance for Brazos County, with Green Teams, Inc. and no increase in rates; new RFP #2010 -31R. 15. Renewal of Bid 2009 -38, Temporary Employment Services, with Express Employment Professionals and no increase in rates; new Bid #2010 -32R 16. Capital Requisition #00029226 in the amount of $52,078.00 to Hunton Trane Services to purchase air condition controls for the Brazos County Detention Center. 17. Acceptance of Standing Rock Ranch Phase One into the Brazos County road maintenance system; the roads (Stand Rock Road, Wellhead Road and Mesquite Meadow Lane) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. 18. Request for permission to enter Willie Schultz's property located off Peyton Road for the purpose of replacing an existing roadway culvert and constructing a drainage ditch for the health, safety and welfare of the general public. Site is located in Precinct 4. 19. Request for permission to enter LeRoy Kenny's property located off Wilcox Lane to remove a damaged pipe water gap from a natural creek, and construct a new water gap and associated fencing for the health, safety and welfare of the general public. Site is located in Precinct 2. Vol. 1_ 33 p C� 5? Commissioners Court Agenda 18 May 2010 Page 3 20. Request for permission to enter Paul Atkinson's property located off Elmo Weedon Road for the purpose of removing silt material from a drainage channel to better drain water from the roadway for the health, safety and welfare of the general public. Site is located in Precinct 2. 21. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney, and §551.087 of the Texas Government Code to discuss economic development negotiations. 22. Consider and possible action on the Executive Session. 23. Acknowledgement of the County Investment Report for the quarter ending 3/31/2010. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 26. Agency / Board / Committee reports by Court members. 27. Adjourn J33 Vol. Commissioners Court Agenda 18 May 2010 Page 4 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: L 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 arnpemgpis, please call (979) 3614102. Vol. _ oCtLV COMMISSIONERS' COURT REGULAR MEETING MAY 18, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, May 18, 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 sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. Under citizen input /and or concerns, the following spoke: Eric Caldwell, Director of the Information Technology Department a) Spoke on the Laserfich demos that are coming up and asked for attendance by Court members. b) Spoke on the issue of purchasing items for the IT department with a county credit card. He recently turned in his credit Vol 33 Page a 1f-I Commissioners Court meeting May 18, 2010 card because of the issues of personal /financial responsibility and liability. But he now has purchases that he feels would be expedited by the use of a credit card. He asked for a solution and suggests maybe increasing the line for a credit card already issued. He included a list of items that need to be purchased. Commissioner Cauley a) Asked that the Court schedule a workshop so that she can ask needed questions. Sheriff Chris Kirk a) There were 505 inmates in jail, 54 are on electronic monitors and 37 are pending for electronic monitors. Commissioner Mallard 2 a) Showed a video on copy machines with a scanner and the security risk that poses. He would like to see a policy developed to address this problem and said the Court may need to hold a workshop on it as well. The first matter before the Court was consideration of a manual requisition in the amount of $181,728.00 to Dallas Dodge for the purchase of nine (9) 2010 Dodge Chargers to be used for the Brazos County Sheriff's Office, Jail, Constables and Juvenile Services. Funds were not budgeted at the beginning of FY 2010 therefore Purchasing is requesting that funds be provided out of Contingency. Katie Conner, County Auditor clarified that this is funded from Contingency but will need to be moved to the appropriate account when Vol 133 Page c)-i.ta, Commissioners Court meeting May 18, 2010 3 purchased. The Constable removed his request for a vehicle which reduced the amount of the request to $161,324.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court next considered Budget Amendment #09/10 -31.1 through 31.10, which would reallocate funds for Non - Departmental, Tax Office, Building Maintenance, Brazos Center, Hotel Occupancy Tax; transfer funds from Contingency to Sheriff Office -Jail Division, Capital Improvement Projects, Justice of the Peace, Precinct 4 Technology Funds from Road and Bridge Department to Capital Improvements Projects, from Road and Bridge Contingency to General Fund. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment contingent on changing amendment 31.3 to reflect the reduced amount of $161,324.00 as modified in item 3 of the agenda. A copy of which 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 Cauley, the Court voted unanimously to approve the change of status as submitted. Vol 133 Page a-* 3 Commissioners Court meeting May 18, 2010 4 The Court next considered the following Claims as submitted by the County Treasurer for payment: 7074396 through 7074626 On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the proposed revisions to the Brazos County Subdivision and Development Regulations governing the placement of driveways, culverts, sidewalks and mailboxes within County easements and rights -of -way. Commissioner Wassermann went over the major changes with the Court. The County Judge then moved to approve the proposed revisions. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters, Cauley and the County Judge voted "Aye ". Commissioner Mallard abstained saying that he wanted a delay because there were no builders present at the meeting. The motion carried. A copy is attached. The Court next considered an Interlocal Agreement with the Brazos Valley Council of Governments (BVCOG). The BVCOG would provide the County with a payment not to exceed $15,000 to be used by the County in support of emergency power generation of social service programs. This would be for reimbursement for Vol 133 Page a4p `f Commissioners Court meeting May 18, 2010 5 expenses incurred by the County for emergency power generation capacity. Commissioner Cauley asked if the County could be left with responsibility for the bill. Bill Jeanes, Risk Manager, said that the County would not be responsible. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Interlocal Agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered the reappointment of individuals to serve on the City of Bryan & Brazos County Economic Development Foundation. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to reappoint the following individuals to a term beginning May 12, 2010 through May 12, 2011: a. Commissioner Duane Peters b. Mark Carrabba The Court next considered approval of the minutes of the Commissioners' Court meetings held in April 2010 on the following dates: Regular Meetings - 6 th 13 th 20 th 27 tH Workshop Session - 28 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the minutes as Vol 133 Page 2-65 Commissioners Court meeting May 18, 2010 submitted. 0 The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Maria Delourdes Madrigales, over Payment $433.47 b) Freddy Harkey, Jr., over Payment $216.48 c) Robert L. & Artesa C. Johnson, over payment $158.09 d) Citimortgage, over payment $2,160.63 e) Dean L. & Kriss H. Boyd, Jr., over payment $100.00 f) Dave & Norma Diggins, over payment $47.82 g) Randall Petroleum Corp., over payment $5.70 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2010 -35, Asphalt and Emulsion -CRS -2 & SS -1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for Asphalt and Emulsion -CRS -2 & SS -1. The Court next considered a change order to P.O. 1000025 to Austin Environmental, adding $6,500 for additional asbestos abatement to the courthouse renovation project. This will increase the original purchase order amount from $25,000.00 to $31,500.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve Vol 13 3 Page ata Commissioners Court meeting May 18, 2010 7 the change order to the purchase order. The next matter for consideration was a request from the Purchasing department for renewal of Bid 2009 -40, Landscape Maintenance for Brazos County with Green Teams, Inc. There is no increase in the rates from the previous year. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of Bid 2009 -40 with the new RFP # 2010 -31R. The Court next considered a request from the Purchasing department for renewal of Bid #2009 -38 Temporary Employment Services with Express Employment Professionals. There is no increase in the rates from the previous year. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of Bid #2009 -38 with the new bid #2010 -32R. The next matter for consideration was capital requisition #00029226 in the amount of $52,078.00 to HVAC Mechanical Service of Texas for air condition controls for use at the Brazos County Detention Center. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the capital requisition. The Court next considered acceptance of Standing Rock Ranch Phase One into the Brazos County road maintenance system. Vol 13 3 Page a le-7 Commissioners Court meeting May 18, 2010 8 The roads are Standing Rock Road, Wellhead Road and Mesquite Meadow Lane and the drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. The site is in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the roads and the drainage structures in Standing Rock Ranch Phase One. 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 Willie Schultz on Peyton Lane in Precinct 4 to replace an existing roadway culvert and constructing a drainage ditch. On motion by Commissioner Cauley, seconded by Commissioner Peters, 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 LeRoy Kenny on Wilcox Lane in Precinct 2 to remove a damaged pipe water gap from a natural creek and construct a new water gap and associated fencing. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to Vol 1 3 3 Page 2-(e' Commissioners Court meeting May 18, 2010 authorize the work. E 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 Paul Atkinson on Elmo Weedon Road in Precinct 3 to remove silt material from a drainage channel to better drain water from the roadway. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The County Judge deviated from the agenda and considered items 23 through 26. The Court acknowledged receipt of and ordered filed as submitted the Treasurer's Investment Report for Quarter Ending March 31, 2010 November 2009. A copy is attached to and made a part of these minutes. 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) The Brazos Valley Council of Governments - Education in Texas Committee is planning to hold a fair on August 21, 2010 at Post Oak Mall. Vol 153 Page J&9 Commissioners Court meeting May 18, 2010 10 At 6:54 p.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to consult with an attorney allowed under Section 551.071 of the Texas Government Code and to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. The County Judge asked that Candy Gallego, Executive Assistant, Irene Jett, Budget Officer, Bill Ballard, Civil Counsel, Bob Malaise, representative of the Research Valley Partnership and Debbie Lockledge, Administrative Assistant to stay for the meeting. At 8:48 p.m. the County Judge announced the meeting open to the public and the following action was taken: a) On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to award an incentive of $40,000 to Reynolds and Reynolds. b) On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to award a $7,500 incentive to Mellon Investors Services. c) On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to award a $100,000 incentive to Fibertown. d) On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to deny an incentive to Lockhard & White. e) The County Judge moved to deny a tax abatement for 2009 to Weatherford Artificial Lift Systems. Commissioners Wassermann, Peters, Cauley and the Vol 1� Page a70 Commissioners Court meeting May 18, 2010 County Judge voted "Aye ". Commissioner Mallard voted "No ". The motion carried. The Research Valley Partnership will start the process to remove the abatement and collect back taxes. Mr. Malaise said he would contact the Tax Office and the Appraisal District. There being no further business to come before the Court, the meeting was adjourned. Vol )SS Page a 7) The foregoing minutes of the Commissioners Court meeting held May 18, 2010 have been examined and are approved in open Court this the � day of .�Uii¢J , 2010, in Bryan, Brazos Lloyd/Wassermann Commissioner, Precinct 1 n Duane Peters Kenny Mall r� Commissioner, Precinct 2 Commissioner, Precin t 3 Commissioner, Attest: Karen McQueen County Clerk t Vol 1 32, Page 2 � �1' BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2010 @ I_ Gr PACE / of I Vol. 133 p J76 WM A M M t E MR PACE / of I Vol. 133 p J76 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 31.1 thru 31.10 On this the 18 day of May 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 hma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 18 May 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 18" day of May 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. V FA M ir County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes V o l . 333 Pg. ;04 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 31.1 511 812 01 0 FUND 0100 DIV 11001500 ACCT 61130000 PROJ DR/CR CR ACCOUNT NAME Contingency- General Fund Increase Decrease 2,500.00 0100 91110000 DR Transfer to Capital Improvements 2,500.00 4500 49028000 CR Transfer fm General Fund 2,500.00 4500 63000500 67211000 DR Capital Projects: Software 2,500.00 Sheriff Office: Jail Division To reallocate funding to purchase a Mugshot Interface to TSG AbIcTerm; estimated cost is 82,500.00. *App roved b Commissioner's Court 5/4/2010 A enda Item #11 Vol. 133 pg. ;os BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 31.2 611 R12010 Increase CR serviced. Vol. l 33 pg, a7 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 31.3 6/18/2010 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin en - General Fund 0100 91110000 DR Transfer to Capital Improvements / 1 OCX W;M0.00 4500 49028000 CR Transfer fin General Fund 2.000 L&2,QW.00 4500 63000500 80890000 DR Capital Pro Vehicles 131,40"O Contingency & Capital Improvement Pro g Transfer of funds to purchase nine Dodge Chargers. LG1� a Vol. 33 Pg. a7 7 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 31.4 5/18/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 13000100 60780000 CR Tax Rolls 300.00 0100 13000100 67211000 DR Software 300.00 Tax Office: [El Reallocation of funds to purchase Truth in Taxation software for calculation of tax rates. Must be pure ased annually. Vol. 133 Pg C ;� Wll BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 31.5 5/1 812 01 0 FUND DIV ACCT PROJIDR/CRI ACCOUNT NAME Increase Decrease 0100 1.7000100 65050000 CR Building Maintenance 3,000.00 0100 17000100 71206000 DR Maintenance 3,000.00 Building Maintenance: Transfer of funds to cover additional services performed; test on Courthouse chiller units, repairs to Exposition Center, and damage to equipment due to freeze in Februa ry. Vol. 1____ 33__ Pg a�) 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 31.6 5118/2010 cm 10m., . .. .. _ .. UPS Vol. 133 p g. alb BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 31.7 sw A19ni n FUND 0100 DIV 56001000 ACCT 80289000 PROJ DR/CR CR ACCOUNT NAME Equipment - R &B Increase Decrease 206,550.00 0100 91110000 DR Transfer to Capital Improvements 206,550.00 4500 49028000 CR Transfer fm General Fund 206 550.00 4500 63000500 80289000 DR Equipment - R &B 206 550.00 Capital Improvement Projects & Road and Brid e: Tranfer of funds into Capital Projects account for accounting purposes. } Funds were on inall transferred to Road & Brid a account from General Fund - Contin enc er Amendment #29.5 Vol. X33 Pg a &I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 31.8 5/18/2010 FUND DIV ACCT PROJ I DR/CR ACCOUNT NAME Increase I Decrease 2400 24005400 61130000 CR Contingency -JP Technology #4 244.63 2400 24005400 67203000 DR Minor Computer Hardware 244.63 Justice of the Peace Pct 94: Technology Funds Reallocation of funds to cover increased costs of computers and to have CD burners installed to enable the transfer of electronic documents, as oppo sed to printing them out. Vol. Pg. a $a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 31.9 5/18/2010 ACCOUNTNAME rr rr rr rrrrr � •�' r rr rr rr rr rrr �� . Vol. '13-3 Pg. g-? 3 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 31.10 6/1 812 01 0 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80289000 CR Equipment - R &B 22 164.00 4500 49028000 DR Transfer fm General Fund 22 164.00 0100 91110000 CR Transfer to Capital Improvements 22,164.00 0100 56001000 61130000 DR Coating enc - R &B 22,164.00 Capital Improvement Fund & Road and Bridge: To transfer unexpended R &B contingency back to general fund department. The commissioners court approved fundin the purchase of R &B equipment usin R &B contingency monies. The funding was then transferred to the Capital Improvement fund. The R &B contingency transfer was $913,000.00 the equipment total cost amount is $890,836. This transfer is for the unexpended portio n of R &B contingency. PJ,eparedBy T rfJ. Date 5113`12010i Vol. 153 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 18, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Requesgs) Applies To SO — Jail Bailey, Kurt Completed Internship Bryant, Alicia Completed Internship Cantu, Eliza New Hire Durham, Jonathan New Hire Marinari, Justin New Hire Pollone, Dominic Completed Internship Ray Slafka Termination Approved in Commissioners' Court: May 18, 2l County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) V0 1. .133 BRAZOSCOUNTY BRYAN, TEXAS STATE OF TEXAS § COUNTY OF BRAZOS § ORDER AMENDING BRAZOS COUNTY SUBDIVISION REGULATIONS GOVERNING THE PLACEMENT OF DRIVEWAYS, CULVERTS, SIDEWALKS, AND MAILBOXES On this the 18 day of May, 2010, the Commissioners' Court of Brazos County, Texas, sitting as the governing body of Brazos County, upon motion and second of members of the Commissioners' Court, as duly put and carried. WHEREAS, the Commissioners' Court of Brazos County adopted Regulations of Brazos County for the Regulation of Subdivisions including the construction of Driveways and/or Culverts on County Easements and Rights of Way on October 31s 2000; and WHEREAS, said Regulations were amended by Commissioners' Court on May 3` 2005 for the purpose of clarifying the construction of Driveways and/or Culverts on County Easements and Rights of Way, and WHEREAS, the Commissioners desires to further amend said Regulations to include changes needed to clarify various provisions; and WHEREAS, the Commissioners' Court of Brazos County, Texas, is of the opinion and hereby affirmatively finds, determines and declares that the following amended regulations should be adopted. Order 10 -003 Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax; (979) 3614503 Vol. 133 p g , a 8 te THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED by the Commissioners' Court of Brazos County, Texas, that the following regulations be and are hereby adopted effective May 18 2010, with the effective date being immediately upon the signing of this order. ADOPTED this day of V4 2010 by a vote of AYES, D NAYS, and I ABSTENTION. Commis oner Lloyd Wassermann Precinct 1 1J Commissioner e y Mallard Precinct ATTEST: aren McQueen, CounlMlerk Commissioner Duane Peters Precinct 2 Order 10 -003 V o l . 133 Pg . a s l Contract for Emergency Power Generation capacity BVCOG/Brazos Comity Interlocal Agreement for Emergency Power Generation Capacity Between Brazos County and The Brazos Valley Council of Governments The Brazos Valley Council of Governments hereinafter referred to as " BVCOG" and "Brazos County" hereinafter referred to as "COUNTY ", hereby mutually agree as follows: 1. Contract Amount. BVCOG will provide payment to COUNTY in the total amount not to exceed $ 15.000.00 to be used by COUNTY in support of emergency power generation for social service programs such as to ensure electricity is available to prepare the meals for senior citizens or to prevent spoilage of food stored in freezer units. This payment(s) shall be a reimbursement for expenses incurred by the COUNTY with proper documentation submitted on the voucher attached hereto and made a put of this Agreement. BVCOG will expend these funds as needed in accordance with paragraphs 1 and 2. The unexpended balance or any unused portion of the amount listed in paragraph 1 shall remain the sole property of BVCOG. 2. Documentation. COUNTY agrees to make available to the BVCOG documentation on the expenses incurred under this agreement. 3. Effective Date and Tenn. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until June 1, 2010. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraph 4. 4. Modification and /or Amendment. The ternis and conditions of this Agreement may be modified and/or amended upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 5. Termination. This Agreement may be terminated at any time by the COUNTY or BVCOG, with or without cause, upon ten (10) days written notice to the other panties in accordance with Paragraph 8 herein. 6. Hold Harmless. The COUNTY and BVCOO agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for Vol. _1 a Pg. 0 �S Contract for Emergency Power Generation capacity BVCOG /Brazos County injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. Tnvalidi . If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 8. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. COUNTY: Judge Randy Sims Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 Brazos Valley Council of Governments: Tom Wilkinson, Executive Director Brazos Valley Council of Governments P.O. Box 4128 3991 E. 29` Street Bryan, Texas 77805 -4128 9. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 10. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 11. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 12. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 13. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to Vol. � Pg. Contact for Emergency Power Generation capacity BVCOG /Brazos County have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 14. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 15, Assignment. This Agreement mid the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 16. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes 17. Signatures . /j t. VaL-�' om Wilkinson Executive Director BVCOG 4 1 k9 //0 Date Attest X33 P a 9 07 Vol. g. 3 /1g /Ic.) Date vik ellr— VUS I'\- � SSBG Disaster Funds Contractor Voucher Summary County Name: — M 0 2 Mv AR .�q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 01 1 0 1 Ol 1 0 Ol 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 1 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 1 01 01 ITotal l I 0 F Ol Ol 01 $0.00 Authorized Signature: (County.ludgo or BVCOGExecuftw Director) Date: pg. 99/ Instructions for Completing SSBG Disaster Funds Voucher Summary This form is to be used to summarize expenditure submissions for reimbursement. Item Number - number each expenditure item on this list separately. Attach documentation to support each Item listed on this form. Date Request Submitted - Enter the date the reimbursements request Is submitted to BVCOG for payment. Detailed description of goods or services - Describe the goods or services in detail and explain how they meet the objectives outlined on the final plan approved by HHSC. Service Category Number - Corresponding # of Service Supported with SSBG Expenditures reported on the Final Plan (See Listing Below) Approved Budgeted Service Category Number and Description 2 Case Management 3 Congregate Meals 4 Counseling Services 7 Education and Training Services 8 Employment Services 12 Health - Related Services 13 Home -Based Services 14 Home - Delivered Meals 15 Housing Services 17 Information & Referral 18 Legal Services 22 Protective Services -- Children 23 Recreation Services 28 Transportation Number of Recipients Served -For Each service enter the actual or estimated number of Children or Adults (either over 59 or Under 60) who have received the service. For the extent possible recipient counts should be unduplicated within each service category . ( For example if a person received counseling services, several times, then the person should be counted only once. Recipient counts are not unduplicated across service categories. For example, if the some person received counseling and transportation services, he/she would be counted in both service categories. Amount Requested - Enter the amount billed for each item on this voucher for Ike/Dolly Services. Authorized Signature - This report should be submitted and signed by the county Judge or BVCOG's Executive Director. Submit this report to BVCOG no later than the 10th working day after the end of the month. BVCOG's reimbursement request will be submitted monthly to HHSC and funds will be distributed Immediately upon receipt. Vol. 1 Pg. (P 9 a AUSTIN ENVIRONMENTAL, INC. P.O. Box 3725 Bryan, Texas 77805 -3725 979 - 778 -2699 Fax 979 - 778 -2730 pdehlinger @austinenv.com Date: May 11, 2010 Pr000sal No.: Location: Asbestos Consulting Services Proposal Project Contact: Judge Randy Sims/ Ms. Pat Howard Telephone No • 979-361-4290/phoward@co.brazos.tx.us Description of Services: Provide asbestos project design, consulting services, asbestos air monitoring and asbestos project management duties for the Brazos County Courthouse Wall Mastic Removal project. Consulting services to comply with the Texas Asbestos Health Protection Rules TAC 295. 34 and the National Emissions Standards for Hazardous Air Pollutants (NESHAP) 40 CFR Part 61, subpart M_ PROPERTY OWNERIOPERATOR IDENTIFICATION: Name: Commissioners Court - Brazos County Address: 200 S Texas Ave Bryan Texas 77802 Attention: Judge Randy Sims/ Ms. Pat How INVOICING: Asbestos Project Design Five hundred dollars and no /100 ........ ........................$500.00 Asbestos air monitoring /Per Day Four hundred dollars and no /100 . ......................$400.0018 Hr. Day Estimate 8 hrs/day for the duration of the project depending on the Asbestos Abatement Contractors work schedule. Fiftydollars per hour over 8 hours ....................... ............................... .........................$ Asbestos Final Report Two hundred dollars and no /100 ......... ........................$200.00 (Per Phase) Invoice should not exceed Sixty -five hundred dollars ......................... .......................$6500.00 Proposal does not include Department of State Health Services (DSHS) asbestos fees. Austin Environmental Inc B. Deh a t ; g fee is based the scope of work described the proposal. If the proposal is eptedm ate'�i� signature below and return proposal. Proposal is valid for a period not t ed 9 s. Signed � � Date 7�IX�10 Vol. 133 p a 9 3 RENEWAL ACCEPTANCE: By signing herewith, I acknowledge and agree to renew the current RFP for LANDSCAPE MAINTENANCE FOR BRAZOS COUNTY, RFP 2009- 40 for an additional year at the same cost. The new RFP will be 2010 — 31R. I understand that RFP 2010- 31R will be in effect from June 1, 2010 through May 30, 2011. GREEM TEAMS, INC. Pat Gallagher , Vice -Pres t S I 4 Z0rO Date Randy Vol. 13-3 Date Pg. ou / i w Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4292 FAX (979) 361 -4293 RENEWAL ACCEPTANCE: By signing herewith, I acknowledge and agree to renew Bid # 2009 -38 in accordance with all terms and conditions agreed to and accepted as Bid 9 2010 -32R. I understand that Bid # 2010 -32R will be for the period beginning June 30, 2010 through June 29, 2011. EXPRESS EMPLOYMENT PROFESSIONALS BRAZOS Randy Sffis, County Judge s- -7 Date 511 Ao Date Vol. Brazos County Courthouse 200 S. Texas Ave., Suite 240 Bryan, Texas 77803 DATE: May 12, 2010 TO: Hon. Randy Sims, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon, Irma Couley, Commissioner Candy Gollego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 03/31/2010 Investment Report This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 0.1573% on the quarterly average balance of $2,340,327.20 invested with TexPool for the period ending 03/31/2010. Investment interest deposited during the quarter was $908.88. Actual ending balance for March 2010 was $2, 340,626.66. The average Earnings Credit Rate on checking account interest for the quarter ending 03/31/2010 was 0.4233% netting $95,065.07 on an average depository balance of $91,502,747.50. Total year -to -date interest earned $181,528.43 Investment Strategy Taking into consideration the current uncertain market conditions, the Brazos County Investment Strategy will remain biased toward safety of County funds first and foremost. As economists are anticipating a possible increase in the Fed rate, purchasing securities that would lock in historically low yields for a longer term would represent a maturity risk. It seems prudent, therefore, to protect County funds by keeping the majority of available funds in the County's depository where all funds are 110% collateralized. The County also maintains an investment account with Texpool which, though not collateralized, does provide the safety of an overnight market. At this time, the County's investment strategy remains unchanged with a concentration of County funds in the Brazos County Depository. Vol. 1 /33 v , - 9 11 Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas. FY 2010 INTEREST RATES AND EARNINGS BY MONTH YTD TOTALS 2,146.44 179,381.99 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. A Ha ilton,Cou Treasurer Date rri White, Chief Deputy Treasurer Date Y"Indy Sims, County Judge date Vol. 133 r.6. c29 7 TexPool Interest Cking Acct Earnings Interest Rate Interest Credit Rate October 2009 416.14 0.2095 27,175.71 0.47 November 2009 406.07 0.2112 29,053.67 0.47 December 2009 415.35 0.2090 28,087.54 0.40 Q/E 12/31/2009 1,237.56 0.2099 84,316.92 0.4467 January 2010 323.95 0.1630 32,435.71 0.40 February 2010 271.50 0.1512 30,210.56 0.41 March 2010 313.43 0.1577 32,418.80 0.46 Q/E 03/31/2010 908.88 0.1573 95,065.07 0.4233 YTD TOTALS 2,146.44 179,381.99 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. A Ha ilton,Cou Treasurer Date rri White, Chief Deputy Treasurer Date Y"Indy Sims, County Judge date Vol. 133 r.6. c29 7 Voi. 133 Pg. °� [%) O N r Y R V d C Y C . E N � V IL m m L d L Y v c A 0 0 n. x co o d m .— H Cfl N CD L 3 O � � M W N CO L d Y 0 O E > d c L Y 0 W � V N fU � N c0 d y > a c m N E V Cp C y O w N 00 0 V x w N c O O ~ N U. N v > c r 0 d O O (� F— m Voi. 133 Pg. °� TEXPOOL QUARTER ENDING 0313112010 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE 01/31/10 DESC. January Interest GENERALFUND 2 , .78A $ 323.95 EXPO. COMPLEX $ TOTAL , -� _, 3 2 3 :9 51 - 1l 0, —�0'1,13, i � 3 p Z.-3#D,041-73, 02/28110 February Interest $ 271.50 $ .5 0 ' s 2;340,3 - 4 ; JL, $:.:. 2,3 40 , 3 13:23 03/31/10 March Interest 313.43 $ 00, 13 6213:A�6� Vol. -- Lv p C2 9 9 INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1- POOLED FUND GROUP General Fund $ 2,340,626.66 Health Endowment Fund $ State Lateral Road $ Courthouse Security $ General Obligation Debt Svc. $ r a Strate9YvTJ!Pe,s<<ti'ca , DEBTkSERVICEFCINDS General Permanent Impv. $ Exposition Center Fund $ �$ „s y ,Strategy Type r`„ ��, ;SPECIAL PRibJ &PERM IMP\/ N 4v,.rt xn ,v `Nic S J T 5 4 Y�i- C° 8 Grou "pTotar�` 62,340;626 66' BOOK VALUE OF ALL INVESTED FUNDS FOR MARCH 2010 $ 2,340,626.66 Vol. Pg. 300