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HomeMy WebLinkAbout2011-01-04-4:00PM-REGULAR1. Invocation and Pledge of Allegiance - Commissioner Caulev. 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 JANUARY 4, 2011 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Vol. 14,3 Pg. 1 DEC 30 P 1: 23 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 10: 3 Resolution 11 -001 authorizlna the County Judge to complete a property transaction simultaneously with the City of Bryan Mayor to swap a 13 acre tract of land owned by Brazos County for a 10 acre tract of land owned by the City of Bryan. 4 Resolution 11-002 amendina the Authorized Representatives of Brazos County for the Texas Local Government Investment Pool ("TexPool / Texpool Prime"). 5 Reappointment of the following members of the Brazos County Emergency Services District #1; term of these appointments is 1 January 2011 throuah 31 December 2012: a. Lynn Elliott b. Jim Carroll 6 Permission to add The Arkitex Studio, Inc. to Brazos County's list of vendors who are exempt from competitive bidding requirements under section 262.024(a) (11) of the Local Government Code. 7. Tax Refund Applications for the following: • HSBC - overpayment - $50.01 • HSBC - overpayment - $99.99 • Oakwood /Country Village MHC LP - overpayment - $279.21 8. Budget Amendments. Budget Amendments FY 11: 13.1 thru 13.2. 9. Personnel Change of Status. Personnel Action Forms 10. Payment of Claims. 11 Acknowledgement of the Monthv Reports submitted in December 2010. These reports are available for review in the County Judge's Office. 12. Announcement of interest items and possible future agenda topics. 13. Call for Citizen input and /or concerns. 14. Agency/ Board/ Committee reports by Court members. 15. Adjourn. Vol. ) +3 Pg. 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 Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 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. Vol. 1 M3 Pg. 3 BRAZOS COUNTY BRYAN,TEXAS MINUTES January 4, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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 4:00 p.m. on Tuesday, January 4, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; IrmaCauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - commissioner Caulev. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 10: 3 Resolution 11 -001 authorizing the County Judge to complete a property transaction simultaneously with the City of Bryan Mayor to swap a 13 acre tract of land owned by Brazos County for a 10 acre tract of land owned by the City of Bryan. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Vol. 1T3 Pg. Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 4 Resolution 11 -002 amending the Authorized Representatives of Brazos County for the Texas Local Govemment Investment Pool ("TexPool / Texpool Prime "). A copy is attached. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 5 Reappointment of the followina members of the Brazos County Emergency Services District #1; term of these appointments is 1 January 2011 through 31 December 2012:a. Lynn Elliottb. Jim Carroll Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 6 Permission to add The Arkltex Studio. Inc. to Brazos County's list of vendors who are exempt from competitive bidding requirements under section 262.024(a) (11) of the Local Government Code. It was noted that there was a typo on the agenda and that the section sited is 262.024(a) (4) rather than 262.024(a)(11). Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 7. Tax Refund Applications for the following: HSBC - overpayment - $50.01 HSBC - overpayment - $99.99Oakwood /Country Village MHC LP - overpavment - $279.21 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 8. Budget Amendments. Budget Amendments FY 11: 13.1 thru 13.2. 13.1 - Transfer of funds from the General Capital Improvement Fund BLDG. Renovation - Courhouse to DDEA 13.2 - Transfer of funds from the General Capital Improvement Fund BLDG. Renovations -Expo Center to DDEA Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . 9. Personnel Change of Status. Personnel Action Forms The Court approved the change of status of employees as submitted on the attached Personnel Action Requests. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wasserman . Vol. I'+ 3 P S 10. Payment of Claims. There were no claims submitted. 1 1 Acknowledgement of the Monthv Reports submitted In December 2010. These reports are available for review In the County Judge's Office. County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff 12. Announcement of interest items and possible future agenda topics. There were no announcements. 13. Call for Citizen input and /or concerns. Sheriff Chris Kirk There were 537 inmates in jail, 42 have electronic monitors and 36 are pending for monitors. 14. Agency/ Board/ Committee reports by Court members. There were no agency /board /committee reports. 15. Adjourn. Vol._— Pg. lP The foregoing minutes of the Commissioners Court meeting held January 04, 2011 have been examined and are approved in open Court this the 8 day of �yjr�,2011, in Bryan, Brazos County, Texas. Duane Peters County Judge ammy C• alena Commis Toner, Precinct 2 I a Caul' Commissioner, Attest: nct 4 aren McQueen County Clerk Vol Li3 Page 7 L 1oydassermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Name Organization / Department Q ../ &A 4 (O/1✓7 ,ad /d , A li` q4. -L 40 1 . , r ,4 -- - g i * _ 63 C LJcS / irc4(1 j-Pit ' ke in) ;ice s. n. g. Nay V1t4 W c - 7.7ei . N �.& V �f � � � C v � J ,tiL l� /col a nel eI ( a 9c4 81 r.(. ,IE5 P13 BRAZOS COUNTY COMMISSIONERS COURT Meeting on Vol. 1 Lf3 Pg. ,2016@ 5('oo/Nt PAGE 1 of z- Name Organization / Department `, fie (_ cu TT • P i laa Ii L l it r ,� ;�._ : �%> .J.,,,,, BRAZOS COUNTY COMMISSIONERS COURT Meeting o , 2010 @ .�d I9/x- Vol. 14'3 Pg. PAGE Z of 2- RESOLUTION NO. 11 -001 A RESOLUTION OF BRAZOS COUNTY, TEXAS, APPROVING OF A PROPERTY EXCHANGE BETWEEN BRAZOS COUNTY AND THE CITY OF BRYAN AND; PROVIDING DEEDS FOR EXECUTING THE EXCHANGE; PROVIDING THE ESTABLISHMENT OF AN EFFECTIVE DATE AND COMPLIANCE WITH THE TEXAS OPENS MEETING ACT. WHEREAS, the County of Brazos, Texas ( "County") is a political subdivision of, and operates in accordance with the constitution and laws of, the State of Texas; and WHEREAS, the City of Bryan, Texas ( "City") is a home rule municipality which is duly incorporated and chartered under the constitution and laws of Texas; and WHEREAS, the County desires to grant, sell, and convey a thirteen acre tract near Sadie Thomas Park, as shown in Exhibit A, to the City; and WHEREAS, the City desires to grant, sell, and convey a ten acre tract near the Brazos Center, as shown in Exhibit B, to the County; and WHEREAS, the Brazos County Commissioners determine that it is in the best interests of the County to authorize the execution of this exchange; and WHEREAS, property surveys and deeds will be prepared for the actual transfer of land; and NOW THEREFORE BE IT RESOLVED BY THE COMMISSIONERS' COURT, BRAZOS COUNTY, TEXAS: A. County Judge's Authorization 1. The County Judge is hereby authorized to execute a deed prepared for the property shown in Exhibit A. 2. The above authorization is conditioned upon, and is in exchange for, the City of Bryan's execution of a deed prepared for the property shown in Exhibit B. B. Effective Date This resolution shall be effective immediately upon its passage and adoption. C. Proper Notice & Meeting This document was passed and approved at a public meeting in compliance with the Texas Open Meetings Act. 1 Vol. �3 Pg. D APOPTED BY VOTE OF THE BRAZOS COUNTY COMNIISSIONERS COURT, this t day of , 2011. BRAZOS COUNTY COMMISSIONERS Commissioner Lloyd Wassermann Precinct 1 Commissioner K Mallard\ Precinc ATTEST: Karen McQueen Brazos County Clerk Duane Peters County Judge Commis 2 Vol. I LE 3 Pg. 6I oner Sammy Catalena Precinct 2 ct 4 Resolution 11 -001 EXHIBIT A Proposed 13 acre Tract (Grant from Brazos County to City of Bryan) Vol 14'3 p Resolution 11 -001 EXHIBIT B Proposed 10 Acre Tract Transfer to Brazos County from City of Bryan vol. 1143 a p 13 Resolution 11 -001 TIExP® ®I[! An Invcstmcnl Service for Public Funds WHEREAS, Brazos County Location #77177 RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES (Participant Name & Location Number) ( "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ( "TexPool/ Texpool Prime "), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. List the Authorized Representatives of the Participant. Any new individuals will be issued personal identification numbers to transact business with TexPool Participant Services. 1. Name NOW THEREFORE, be it resolved as follows: A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool / TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant's TexPool / TexPool Prime account or (2) is no longer employed by the Participant; and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; / Signature iN,Mitei � 1 ORIGINALS REQUIRED Laura Taylor Davis Title County Treasurer Phone Number 979- 361 -4345 TexPool Participant Services • Federated Investors Inc 1001 Texas Ave., Suite 1400 • Houston TX 77002 • www.texpool.corn • 1- 866 - 839 -7665 Vol. I Pg. I I + TEX — REP 10/08 Resolution 11-002 2. Name Signature 3. Name Signature 4. Name Terri White Signature Phone Number List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name Terri White Email twhitenco.brazos.tx.us In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following information. 5. Name Title D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular /special meeting held on the 4th day Tananry , 20 • NAME OF PARTICIPANT- Brazos County Signature Tluane PPtprq Printed Name Counry .Tudgy Title ATTEST: // ' Signature Karen McQueen Printed Name C ounty Clerk Title ,GC,A c'il.0 Title Chief Deputy Treasurer Phone Number 979 - 361 -4341 Title Phone Number Title Fax Number 979 -361 -4347 This document supersedes all prior Authorized Representative designations. ORIGINALS REQUIRED TEX — REP TexPool Participant Services • Federated Investors Inc 1001 Texas Ave., Suite 1400 • Houston, TX 77002 • www.texnool.com • 1- 866- 839 -7665 vo 143 p 15 10/08 Resolution 11 -002 BY ORDER OF THE COMMISSIONER'S COURT: TO: Pat Howard, Purchasing Agent FROM: Brazos County Commissioner's Court RE: Exemption From Competitive Bidding Requirements Please be advised that on this 4th day of January, 2011, at a Regular Session of the Commissioners' Court on which the following members were present: E. Duane Peters, County Judge Lloyd Wassermann, Commissioner, Precinct 1 Sammy Catalina, Commissioner, Precinct 3/ G. Kenny Mallard, Commissioner, Precinct 3 Vol. I93 p ' I - ��ii Irma Cauley, Commissioner, Precinct 4 r/J•%iti The Commissioners' Court has determined that there is a nee xempt the vendor(s) listed below from the competitive bidding requirement for fiscal year 2010 -2011 as follows: COMPANY: THE ARKITEX STUDIO, INC. PRODUCT /SERVICE: PROFESSIONAL SERVICE /ARCHITECT/ENGINEER STATUTE: 262.024(a)(4) On this the 4th day of January 2011 at a regular meeting of the Commissioners' Court, the following members were present: BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11 -13.1 thru 13.2 A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4th day ofJanuary 2011 the Court heard and approved a budget amendment for the 2010-2011 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4th day January 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Duane Peters, 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. 14 ' 3 P I'7 g FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000700 80101003 CR BLDG. Renov - Court House 33,308.22 4500 63000800 80101003 CR BLDG. Renov - Court House 95,922.23 4500 63000500 59100000 DR DDEA 129,230.45 General Capital Improvement Fund To reduce the funds avaliable for the renovation of the Court House projects. For Capital Improvement Funds, particularly construction contrac s in progress, the revenues are estimated on what we think will not be expended from the previous fical year. This is to adjust the funds avalialbe for this project for FY 2011. This adjustment will not impact the current approved contracts. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 -13.1 1/4/2011 L epa tment'Approval l y ; vol. 43 pg. 18 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 13.2 1/4/2011 FUND 4309 4309 DIV 63430900 63430900 ACCT 80160000 59100000 PROJ DR/CR CR DR ACCOUNT NAME Building - Expo Expansion DDEA Increase 406,710.30 Decrease 406,710.30 General Capital Improvement Fund To reduce the funds avaliable for the expansion of the Expo Complex. For Capital Improvement Funds, particularly construction contracts in progress, the revenues are estimated on what we think will not be expended from the previous fical year. This is to adjust the funds avalialbe for this project for FY 2011. This adjustment will not impact the current approved contracts. Cointy„Jud4e"405r93W-N t vol l 3 pg. I I Commissioner Court Date: January 4, 2011 • Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Brazos Center Collections PERSONNEL CHANGE OF STATUS REQUESTS Employee Request Applies To Greene, Thomas Commissioner's Court Catalena, Sammy County Judge Peters, Duane JP Pct. 4 Jones, Rose Juvenile SO — Jail Aquino, Erica New Hire Kay, Jacob Williams, Willie vol. I Lf Pg. go Action Requested Resignation Cell Phone Allowance Cell Phone Allowance Cell Phone Allowance State Stipend Transfer w /in Dept. Cantu, Eliza Completed Internship Dutch, Todd Resignation Henderson, Brandon Resignation Ruffin, Terry New Hire West, Valerie New Hire Treasurer Davis, Laura Cell Phone Allowance Approved in Commissioners' Court: January 4, 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 02 Vol. 1 43 Pg