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HomeMy WebLinkAbout2013-06-04-10:00AM-REGULAR MEETINGI BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 4, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Andy Martin and Commissioner Cauley 2. Call for Citizen input and /or concerns. 3. Presentation(s) Update from the Bryan /College Station Chamber of Commerce. Consider and take action on agenda items 4 -13: 4. Reappointment of the following to the City of Bryan & Brazos County Economic Development Foundation: term of appointments are 5/12/13 thru 5/12115. • a. Kenny Mallarq • b. Mark Carrabba 5. Reappointment of the following to the Local Workforce Development Board: terms of appointment are 6130/13. 6130/16. • a. BID Kelly, Vocational Rehabilitation • b. Angela Alaniz, Education • c. Bonnie Webb Welsler, Adult Basic Education • d. Jeannie McGuire, Community Based organization 6, Authorize the County Judge to slan the 2013 Homeland Security Grant Eligibility Certification Form for Brazos County. Vol. 179 Pg,_ s2 XO 8. Tax Refund Applications for the following: • a. Robert E. Browning-overpayment-$259.04 • b. t:ellnk Reverse Mortaaae-payment In error - $257.82 9. Budget Amendments. Budast Amendments FY 12113 35.1 thru 35.4. 10. Personnel Change of Status. Personnel Action Form 11. Payment of Claims. 12. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. • b. Executive Session pursuant to Texas Government Code 551.072 to deliberate the purchase, exchange, lease, or value of real property. 13. Consider and possible action on the Executive Session. 14. Sheriff's report on inmate population. 15. Announcement of interest items and possible future agenda topics. 16. Call for Citizen input and /or concerns. 17. Adjourn. Vol. :i 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 orderty, 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 !mention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is k 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 miss 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 onlyrf a matter has been listed on an agenda property 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, reche 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.D42. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. 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. _ Pg. a as BRAZOS COUNTY BRYAN,TEXAS MINUTES June 4, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page.odf 10 File Stamped Aaenda.pdf Z Sian in sheet.pdf 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 10:00 a.m. on Tuesday, June 4, 2013 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; 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. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Andy Martin and Commissioner Cauley 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) Vol. 17 - F=g. s?.3 Update from the Bryan /College Station Chamber of Commerce. Item lodf The Court heard from Royce Hickman representing the Chamber of Commerce who gave a progress report on economic agreements and also a presentation on the Chamber's trip to Washington, D.C, Consider and take action on agenda items 4 -13: El Item 4.odf Reappointment of the following to the City of Bryan & Brazos County Economic Development Foundation; term of appointments are 5/12/13 thru 5/12/15. • a. Kenny Mallard • b. Mark Carrabba Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard , Peters , Wassermann . 5. Reappointment of the following to the Local Workforce Development Board; terms of appointment are 6/30/13- 6/30/16. 9 Item 5.odf • a. Bill Kelly, Vocational Rehabilitation • b. Angela Alaniz, Education • c. Bonnie Webb Weisler, Adult Basic Education • d. Jeannie McGuire, Community Based Organization Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann. Authorize the County Judge to sign the 2013 Homeland Security Grant Eligibility Certification Form for Brazos County. 10 Item 6.Ddf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Consider and take action on acceptance of the roads ( Sendera Court and Windmill Court) and associated roadway drainage structures of Sendera Subdivision into the Brazos County road maintenance system. Site is located in Precinct 1. Item 7.Ddf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . Tax Refund Applications for the following 10 Item 8.odf • a. Robert E. Browning- overpayment - $259.04 • b. Celink Reverse Mortgage- payment in error - $257.82 Vol. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 9. Budget Amendments. Budget Amendments FY 12/13 35.1 thru 35.4. 0 Item 9.Ddf 35.1 Transfer funds from Non - Departmental to County Judge 35.2 Reallocate funds for County Ag. Extension 35.3 Transfer funds for TYC Parole and Juvenile Service Detention 35.4 Reallocate funds for Jail Expansion 2007 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 10. Personnel Change of Status. Personnel Action Forms Item 10.odf Commissioner Cauley stated she would not vote in favor because of the item under the County Judge. She said it sets a bad precedent. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 4 -1. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members voting Nay: Cauley. 11. Payment of Claims. 7110718 through 7110889 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 12. Convene into the following Executive Sessions: At this point, the County Judge announced the Court would consider items 14 through 16 then return to convene into Executive Session and consider the following items. Having considered the previously noted agenda items, at 10:23 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the following: • a. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. • b. Executive Session pursuant to Texas Government Code 551.072 to deliberate the purchase, exchange, lease, or value of real property. The following individuals were asked to stay for the first meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Vol. /71 pg �2�c Sheriff Chris Kirk Wayne Dicky, Jail Administrator Bill Jeanes, Risk Manager, Jim Stewart, Chief Deputy Brian Gaddy, TAC Larry Simmons, Attorney with Germer The following individuals were asked to stay for the second meeting: Katie Conner, Auditor Irene Jett, Budget Officer 13. Consider and possible action on the Executive Session. At 11:52 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. 14. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 585 inmates in jail, 52 have electronic monitors and 15 are pending for monitors. 15. Announcement of interest items and possible future agenda topics. Commissioner Mallard gave an update on the Health District Board meeting. 16. Call for Citizen input and /or concerns. There was no citizen input. 17. Adjourn. Vol 17 J Pg. ��� The foregoing minutes of the Commissioners Court meeting held June 4. 2013 have been examined and are approved in open Court this day of 2013, in Bryan, Brazos County, Texas . Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 Commissioner, Attest: �" cke," ) Karen McQueen County Clerk Vol 17 9 Page a87 Kenny Mallar Commissioner, recinct 3 BRA COUNTY CO BUSSIONERS COURT Meeting on v PAGE i of v Vol. Fg, �8� i v PAGE i of v Vol. Fg, �8� BRAZOS COUNTY COMMISSIONERS COURT Meeting on PAGE 2 of Z Vol. __. �7�- P9• i I PAGE 2 of Z Vol. __. �7�- P9• \/1 TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY (THSSAA) 2013 ELIGIBILITY CERTIFICATION FORM Return completed form via email to SAA a dos.texas.ebv Vol. l/ Pa. 'Zqe._ 1 of 2 I FILL IN THE APPROPRIATE INFORMATION AND CERTIFY BY SIGNING BELOW Certifcation ". THAT THE INFORMATION SUBMITTED ON THIS ELIGIBILITY FORM IS COMPLETE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE. Ptin tedNameofi'' Brazos County Jurisdichonl.Organ_ aaboq ,r ° ;y, DUNS.Number V, 52960341 ...,t° Signature °'� Date ` 06/04/2013 , R •'` w Panted,Nameof¢uthonzedl)ffrc ' Duane Peters See instructions for Definfion of Authonzriz ed Title ED'CjtlManager:CF,O), ;County Judge I(Judge_Mayor `NATIONAL INCIDENT MANAGEMENT SYSTEMr(N .%)'�� 'Please`initiWfi6 ckfy to one dt the AIMS statements,below (i it only one boz A or B) `r .,e ... -: .. ,.,_ ___•__. ll..........tin... ,_ r`._ _.d.__. .. -_ i., r_'�_ -..... ..zt... ._ a :�� _..�i..v _ i' _ i.. u. ,.. To Certify to I.A, NIMS is NIMS My jurisdiction /organization has adopted and implemented and compliant with all iA= ?•. tial objectives issued to date (FY2005- FY2009). httos: l/ www .fema.gov /nimscasYLogoff.do ?a= 55062 &m= ML2010 To Certify to LB, My jurisdiction /organization has adopted and implemented NIMS, but is not fully compliant with Initial Here: all NIMS implementation objectives. B` 7 Required Attachment: A letter explaining the a) the implementation objectives not yet met; b) the steps taken to achieve 100% NIMS compliance; and c) the date the jurisdiction expects to be in full compliance with all objectives and metrics. y- II EMERGENCY MANAGEMENT PLAN3.(IN,TERMEDIATEaLEVEI) ' �"` �; `✓ "`r'b �: ^r ' • `� 7..., a n.,..... n '',. i rH' :,. .t � . �r`. s:�a`tr .r,.,k, >,:;�` .. x0 A. My jurisdiction has its own current emergency management plan that meets the state To Certi to preparedness standards at the Intermediate Level on file with the Texas Division of tial Emergency Management (TDEM). B. My jurisdiction is a legally established member of an inter - jurisdictional emergency management program that has a plan that meets the state preparedness standards at the Intermediate Level on file with TDEM. and check one of the three C. My jurisdiction /organization is not a city or county and is not required by Texas law to have boxes at right an emergency management plan, e.g., COG or nonprofit organization. Return completed form via email to SAA a dos.texas.ebv Vol. l/ Pa. 'Zqe._ 1 of 2 I X` )4- I• : T C MUM; My jurisdiction's/organization's fiscal year (FY) end for 2012 was (check one): ❑ August 31, 2012 (Reporting Package is due 30 days after completion or May 31, 2013, whichever is sooner) K September 30, 2012 (Reporting Package is due 30 days after completion or June 30, 2013, whichever is sooner) ❑ December 31, 2012 (Reporting Package is due 30 days after completion or September 30, 2013, whichever is sooner) ❑ Other (please specify date here): 133' t lt.st one tiriz;:A`.oisBj: �lly T 0 Certify to IH.A, Initial Here: I certify my jurisdiction/organization qjjW expend over $600,000 in Federal or State funding during F 201 so no A -133 audit was necessary or obtained. To Ce o III B, I certify my jurisdiction /organization tion/organization expended over $500,000 in Federal or State funding in FY 2012 and that the required reporting package has been/will be provided 1) to the Texas Department of Public Safety (TXDPS) and 2) to the Federal Clearinghouse. jri .\r 0, P.x -A S AE -: -RZSPONSE�NE QRK� Mm - , 7 , To Certify to My jurisdiction/organization is registered with the Texas Regional Response Network (TRRN) and (check one): hftps:/Awm.trrn.state.tx.us/TRRN/TierOl/Security /Sionin.aspx X] A. My jurisdiction has entered all deployable equipment with a cost of $5,000 or more purchased with Homeland Security Grant funds into the TRRN. F-1 B. My jurisdiction does not have any deployable equipment with a cost of $5,000 or more and check one of the two purchased with Homeland Security Grant funds. boxes at riqht R Q n;5. X'-x -44� To Ceni to V.. iC I certify my jurisdictionlorganization has entered all required information, including FFATA/employee compensation, into the System for Award Management (SAM) and has an active registration status with no *Active Exclusion Records". (hfti)s://www.sam.gov/portal/oublic/SAM/) :This section applies to County jurisdicti6rit only for the StAt6.H6fnblaiWi Security .Gtatit,Prodrith (SHSP).i.: FOrTY,-201.3, this'section .,DOES NOT APPLY t6 cities 'within ddiihtiet or to NSGP 0PSG,'dt.UASl, applicants ." ea* initial,16 cart' to: one otthe criminal: histo .d'iso5ifidd,:ri.apdr.tirfg,statet6tntg 6616W4 (inidiihoril'y ,one '-b' 'd*x','1A.6 r'-B); 7. I Mip'll Here. County has documented a 90% average disposition completeness rate for adult arrests and a 90% average disposition completeness rate for juvenile arrests under calendar years 2007- 2011 as required by Chapter 60, Texas Code of Criminal Procedure. To Certify to VLB, My County DOES NOT currently have a documented 90% average disposition completeness Initial Here: rate for adult arrests and a 90% average disposition completeness rate for juvenile arrests under calendar years 2007-2011, but my County intends to attain the required averages W August' I=. I understand that my County will not be Eligible for 2013 SHSP funds if the required averages are not achieved by the August 1, 2013 deadline. Return completed form via email to SAA(dcips.texas.gov V0 1. 2 of 2 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: June 4, 2013 ITEM: Consider and take action on acceptance of the roads (Senders Court and Windmill Court) and associated roadway drainage structures of Sendera Subdivision into the Brazos County road maintenance system. Site is located in Precinct 1. NOTES/EXCEPTIONS: SUBMITTED BY: R. Alan Munger, P.E. County Engineer 0 CC2013- Sendera Subd -County Maintenance APPROVED BY: Y4,,X 4,4� Commissioner Lloyd Wassermann Precinct 1 This Request is Approved d(or) Denied ❑ by Commissioners' Court Date: E. Duane Peters, County Vol. 1711 _ Pg. �%Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 35.1 - 35.4 On this the 4th day of June 2013 at a regular meeting of the Commissioners' Court, the following members were present: 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 of June 2013 the Court heard and approved a budget amendment for the 20 t2 -2013 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, 18 September 2012, 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 of June 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County dge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes a: =` Vol. / %% pg. 023_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 35.1 61412013 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 11000500 51820000 CR IMerit Pay 708.00 0100 10000100 51670000 DR MPO Supplement 652.00 0100 10000100 53100000 DR Social Security 50.00 0100 10000100 53200000 DR Retirement 2.00 0100 10000100 53800000 DR Workers Comp 2.00 0100 10000100 53900000 DR Unemployment I nsurance 2.00 4 Non-Departmental and County Judge Reallocation of funds to support supplement pay for Class Code 0211 Position 1, effective June 3, 2013. This item was approved during Commissioner's Court on 5/28/13 as part of Executive Session, Item #16 (15.Q. This amount is prorated for the remainder for this fiscal year. r ,ya ; ire "pare p_y, vy -;w1:5 872013 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 35.2 6/4/2013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 37000100 60500000 CR Office Equipment 675.00 0100 37000100 67203000 DR Minor Computer Hardware 675.00 County Ag, Extension Reallocation of' fun ds to purchase a laptop com uter. {re`pargd.gBy':: Vol. 17Y pg. X93'" BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 35.3 614/2013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31010000 51751000 CR St. Supplement - TJPC - JPO 887.92 0100 31010000 53200000 CR Retirement 115,87 0100 31010000 53100000 CR Social Security 67.93 0100 31010000 53800000 CR Worker Comp 3,72 0100 31000200 51751000 DR St. Supplement - TJPC -1PO 887.92 0100 31000200 53200000 DR Retirement 115.87 0100 1 31000200 1 53100000 DR Social Security 67.93 0100 31000200 53800000 DR Worker Comp 3.72 TYC Parole and Juvenile Service Detention Reallocation of funds to support the transfer of a seconds a . 'Prgparedt$y, <;. C,,: ,,.,; nnmi P9- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 35.4 6/4/2013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80101003 CR Building - Renov. Court House 7,500.00 4308 63430800 80130000 DR Building- Sheriff Jail 7,500.00 Jail Expansion 2007 Reallocation of funds to the proper account for the additional costs associated with the water hammer repair at the detention facility. The proper account should be Building Sheriff Jail. Vol. ^.--- P9• �%7 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 04,2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Constable Pct. 4 Watkins, David Transfer to Another Dept. County Attorney Foley, Brian Resignation Quisenberry, Eric New Hire County Judge Eckstrom, Bethany Other Juvenile Randall, Ted Promotion Randall, Ted State Stipend MPO Kubichek, Susan Retirement S.O. Jail Forsthoff, Rhonda Hernandez, Regina Sparks, Telecia Trujillo, Mayella Approved in Commissioners' Court: June County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Termination Transfer w /in Dept. New Hire Transfer From Another Dept.