HomeMy WebLinkAbout1998-12-15-0900AM-RegularFlLtD
94 DEC I 1 AN 8* 53
_,i. CLERK
S 031S
BRAZOS COUNTY BRA;AP4
BRYAN. TEXAS BY AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
DECEMBER 15,1998 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Thornton.
2. Pledge of Allegiance - Commissioner Thornton.
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3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county-related issues not scheduled on the agenda. Please
limit subject matter to five minutes. The Commissioners will receive the information,
conduct research into the matter, and/or place the matter on a future agenda for discussion.
(A recording is made of the meeting; therefore, please give your name and address for the
record.)
Consider and take action on agenda items 4 - 23:
4. Budget Amendment 98/99-5.
5. Personnel Change of Status.
6. Payment of Claims.
7. Approval of a Resolution regarding Justice of the Peace Carolyn Hensarling.
8. Compliance with the mastectomy coverage requirements under the Omnibus Appropriations
Bill.
9. Authorization to reimburse Ravey & Associates for $660.00 costs incurred for State ADA
review fee and inspection fee for Minimum Security Jail plans.
10. Request by County Clerk for internet connection. ,
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11. Tax Resale Deed and authorization for County Judge to execute deed for Tract #2: 1.0
acre, more or less, out of the James Curtis Jr. League, Abstract 12, being part of an 18 acre
tract described in Volume 33, Page 512, Deed Records, LESS AND EXCEPT 17 acres
described in Volume 43, Page 438, Deed Records to Richard Pena.
12. Community Service Restitution Program Agreement.
13. Applications for Tax Refund (2) to Eric Chancellor in care of Mr. David J. Kaplan.
14. Request by The Prenatal Clinic for increase in 1998-1999 funding.
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Commissioners Court Meeting Agenda
December 15, 1998
Page Two
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15. Resolution authorizing the submission of a grant request to the Criminal Justice Division
of the Govemor's Office for funding for the "Brazos Valley Narcotics Task Force Training
Project."
16. Resolution authorizing the submission of a grant request to the Criminal Justice Division
of the Governor's Office for funding the, program known as the "Narcotics Trafficking Task
Force."
17. Expenditures by Sheriffs Department:
a. Lange Micrographics
b. Back In a Flash
18. Approval to advertise for Bid No. 99-034 - Shop Supplies & Auto Parts.
19. Awaid the following bids and approval of requisitions for
a. 99-012 - Cold Mix Limestone Concrete Pavement
b. 99-013 - Fencing Supplies - Annual Contract
c. 99-014 - Fence Building - Annual Contract
d. 99-015 - Motor Grader Blades - Annual Contract
20. Requisitions from the Capital Projects Fund:
a. Geomedia Professional Software for Road & Bridge Department
b. Four replacement printers: Personnel, Administration, Stock, and Maintenance
21. Requisition for technical support for Geomedia Professional Software for Road & Bridge
Department.
22. Acceptance of the City of Bryan's revised total cost estimate of $1,299.45 for electrical
utilities relocation on Wheelock Hall Road. Site is located in Precinct 2.
23. The Preliminary Plat of Lots One and Two, Block One, Cedar Ridge Subdivision, 2.58 acre
tract, Joseph D. Allcom Survey. Site is located in Precinct 2.
24. Announcement of interest items and possible future agenda topics.
25. Call for citizen input and/or concerns.
26. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make arrangements,
call (409) 361-4102.
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County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, December 15, 1998, with the following members
of the Court present:
A regular meeting of the Commissioners' Court of Brazos
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Thornton gave the invocation and led the
pledge of allegiance.
There was no citizen input and/or concerns.
The Court next considered Budget Amendment #98/99-5.1
through 5.2, which would increase funds budgeted for Narcotics
Trafficking Task Force Grant, and reallocate funds for Road
and Bridge. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is attached
hereto.
COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 15, 1998
The Court proceeded to consider the change of status of
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the following employees.
NAME
DEPARTMENT
REASON
Beltrand, Pam
Tucker, Betty
Bland, Carrie
Hoskisson, Dale
Strapps, Clara
Chamness, Simone
Washington, D.
Cole, Marlin
Toomer, Tessa L.
Brazos Center
Building Maint
County Attorney
County Auditor
County Auditor
County Auditor
Juvenile Serv
Road & Bridge
Treasurer
Sup Pay Stopped
New Emp P/T
New Emp P/T
Resignation
Sal Increase
Sal Increase
Resignation
Discharged
Resignation
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the changes as
submitted.
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Commissioners Court meeting December 15, 1998 2
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
99-002183 through 99-002426
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
submitted.
On motion by the County Judge, seconded by Commissioner
Jones, the Court voted unanimously to adopt a Resolution
honoring Justice of the Peace, Carolyn M. Hensarling and to
'thank her for her thirty-four years of exemplary service to
the citizens of Brazos County.
The Court next considered complying with the mastectomy
coverage requirements under the Omnibus Appropriations Bill.
on motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to comply with the
mastectomy coverage requirements.
The Court next considered authorizing the reimbursement
to Ravey & Associates for $660.00 in costs incurred for State
ADA review fees and inspection fee for the Minimum Security
Jail. On motion by Commissioner Cauley, seconded by
Commissioner Jones, the Court voted unanimously to reimburse
Ravey and Associates for the expenses.
The next matter before the Court was a request from the
County Clerk for•internet connection for the office. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
the Court voted unanimously to authorize the connection.
On motion by Commissioner Thornton, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the County Judge to execute a Tax Resale Deed to the following
individual:
Richard Pena - Tract #2; 1.0 acres, more or less,
out of the James Curtis, Jr. League, Abstract 12,
being part of an 18 acre tract described in volume
33, Page 512, Deed Records, LESS AND EXCEPT 17
acres described in Volume 43, Page 438, Deed
Records to Richard Pena.
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Commissioners Court meeting December 15, 1998
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The Court next considered entering into agreement with
the Brazos County Community Supervision and Corrections
Department for the purpose of establishing a community service
project pursuant to Article 42.12, Section 16 of the Texas
Code of Criminal Procedure. The County will utilize the
labor, skills and efforts of probationers/defendants for the
performance of work assignments which shall comprise the tasks
of the community service projects. On motion by Commissioner
Jones, seconded by Commissioner Cauley, the Court voted
unanimously to enter into a Community Service Restitution
Program Agreement with the Brazos County Community Supervision
and Corrections Department and authorized the County Judge to
execute the Agreement on behalf of Brazos County. This
Agreement includes the County and its various departments. A
copy of the Agreement is attached hereto.
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The next matter for consideration was a tax refund to
Eric Chancellor in care of Mr. David J. Kaplan. In a Court
settlement it was agreed that the appraised value for 1992 and
1993 be lowered. On motion by Commissioner Thornton, seconded
by Commissioner Cauley, the Court voted unanimously to refund
a total of $4,026.72 in county taxes for 1992 and 1993 to Eric
Chancellor in care of Mr. David J. Chaplain.
The Court next heard a request by The Prenatal Clinic for
an increase in 1998-1999 funding. Commissioner Sims explained
the need to create a Trust Fund for the tobacco funds once
they arrive. He also stated that the annual interest on the
2 million dollars could be used for health care only. Steve
Koran, Executive Director of the Prenatal Clinic explained
that the clinic would once again face a deficit and that it
needed an increase in funding. After considerable discussion,
the County Judge moved to delay action until the distribution
of the money was determined. Commissioner Sims seconded the
motion and it carried unanimously. Commissioner Sims
continued lobbying for his proposal to create a Trust Fund
while Commissioner Cauley asked if any legal residents were
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Commissioners Court meeting December 15, 1998 4
suffering a lack of services due to the shortfall of funds.
Mr. Koran replied that they were not. Commissioner Sims
offered to work with Mr. Koran to help the Prenatal Clinic.
On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to adopt a
resolution authorizing the County Judge to make application
to the criminal Justice Division of the Governor's Office, for
funding to Brazos County, Texas for a program known as the
"Brazos Valley Narcotics Task Force Training Project" and to
authorize the County Judge to accept such grant funds should
they be tendered.
On motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to adopt a
resolution authorizing the County Judge to make application to
the Criminal Justice Division of the Governor's office for
funding to Brazos County, Texas for a program known as the
"Narcotics Trafficking Task Force" and to authorize the County
Judge to accept such grant funds should they be tendered.
The Court next considered the following expenditures for
the Sheriff's office:
a) Lange Micrographics $2,675,85
b) Back In a Flash $86.30
On motion by Commissioner Cauley, seconded by Commissioner
Jones, the Court voted unanimously to authorize payment for
the expenditures.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 99-034, Shop Supplies and
Auto Parts. On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to authorize
the Purchasing Agent to advertise for bids for shop supplies
and auto parts.
The Court next considered awarding the following bids and
approval of requisitions for:
Bid No. 99-012, Cold Mix Limestone Concrete Pavement
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
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Bid No. 99-013, Fencing Supplies, Annual Contract
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Hicks Post Company on items
1, 3.2, 4.2; Producers Cooperative on
items 3.1, 4.1, 4.4; Woodson Lumber on
items 2.0, 4.3; and Conroe Wood Products
on items 5.1 and 5.5.
Bid No. 99-014, Fence Building, Annual Contract
John Hachmann, Purchasing Agent,
recommended naming Larry Isbell as
Primary, Corgey and Son as Secondary and
S&S Fence Company as Alternate.
Commissioners Court meeting December 15, 1998
submitted by Vulcan Materials for TD330
Class A, Type D Loaded Only and Loaded
and Hauled and Colorado Materials: THD350
Class A, Type D, Loaded Only and Loaded
and Hauled.
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Bid No. 99-015, Motor Grader Blades, Annual Contract
John Hachamann, Purchasing Agent,
recommended acceptance of the bid
submitted by Head & Guile Pars on 7 foot
Blades and Valk manufacturing on 9 foot
Blades.
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On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to accept the
recommendations of the Purchasing Agent and award the bids as
stated. A copy of each bid tabulation sheet is attached.
The Court next considered approval of requisitions from
Capital Projects Fund for the following purchases:
a) Geomedia Professional Software for Road
and Bridge Department $4,995.00
b) Four (4) replacement computers 2,804.00
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from Capital Projects Fund.
The Court next considered a requisition for technical
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support for Geomedia Professional Software for the Road &
Bridge Department. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to approve
payment of the requistion in the amount of $600.00.
The Court next considered action on the City of Bryan's
revised total cost estimate of $1,299.45 for electrical
utilities relocation on Wheelock Hall Road. The total cost
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Commissioners Court meeting December 15, 1998 6
includes the previous electrical distribution power line
relocation request that was approved in Commissioner's Court
on November 17, 1998 plus an additional pole. The original
approved cost estimate is $930.04 and the additional cost for
the project is $369.41. The site is located in Precinct 2.
On motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to approve the revised
total cost estimate for electrical utilities relocation on
Wheelock Hall Road.
The Court next considered approval of the Preliminary
Plat of Lots One and Two, Block One, Cedar Ridge Subdivision
in Precinct 2. Richard Vance, County Engineer, stated that he
had reviewed the plat and all appeared to be in order. On
motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to approved the preliminary
plat of Lots One and Two, Block One, Cedar Ridge Subdivision.
Under announcement of interest items and possible future
agenda topics Commissioner Sims informed the Court that two
(2) bills had been pre-filed by Representative Turner
concerning "Flag Lots".
The County Judge made the following comments:
1) He received a letter from Vicky Worman
k' stating that Air Born Express wished to
install a drop box at the front of the
Courthouse.
2) He received a note from John Hachmann in
reference to cellular telephones.
3) He received a memo from the County
Auditor concerning any action taken by a
governmental body affecting public
policy.
4) He received a request from the District
Clerk to select a County Court at Law
Judge and a representative from the Court
to serve on the Bail Bond Board.
5) The Auditor's office is frustrated due to
the lack of response from Justice of the
Peace Precinct 1 and 7-2 to close out
their offices.
There being no further business to come before the Court, the
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meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held December 15, 1998 have been examined and are approved in
open Court this the ! Ste' day of 19,
in Bryan, Brazos County, Texas.
Alv.th W. jonek'
County Judge
S. Thornton
Commissioner,
Precinct No. 2
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Tony J e
Commissioner,
Precinct Nolte i
Commissioner,
Precinct No. 3
eoo~'. 10'.
C rey Ca ey, Jr.
Commissi ner,
Precinct No. 4
Mary AAnIWard
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 05.1 through 05.2
On this the 15th day of December 1998 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on December 15, 1998 the Court heard and
approved a budget amendment for the 1998-1999 budget year for
Brazos County, Texas.
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 September 1,
1998 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 15th day of-December 1998.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
copies: County Auditor
County Treasurer
Commissioners' Court Minutes
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99.5.1
12/15/99
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
30
1911
516100
191199
DR
Hourly - Staff
1,068.00
30
1911
516400
191199
DR
Temporary
4,800.00
30
1911
518100
191199
Dr
Longevity
1,944.00
30
1911
532000
191199
DR
Retirement
2,988.00
30
1911
538000
191199
DR
Worker's Comp
3,461.00
30
1911
721550
191199
Dr
Computer Consulting
5,915.00
30
1911
516150
191199
Cr
Hourly - Law Enforcement
4,270.00
30
1911
533000
191199
Cr
Health Insurance
326.00
30
1911
539000
191199
Cr
Unem to ment
16.00
30
1911
614000
191199
Cr
Vehicle Insurance
4,849.00
30
1911
653500
191199
Cr
Gasoline/Diesel
5,915.00
30
480475
191199
Cr
NTTF Matching Funds
4,800.00
- -
NTTF Grant d
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Budget Amendment to adjust for salary increases and for computer programing
and for increase in cash match personnel as approved b Criminal Justice Division
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eparec~ By: step IApprovewy.
Date:_~ ~:,~..~i~~•L• X21,4/98 Date;::~..~i,~.~:;::./Z.•IS.~y~ ~~~4a
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• BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98199-5.2
12/15/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 560010 657100 Dr. Right Of Way 100,000.00
01 560010 611300 Cr. Contingency 100,000.00
Road and Bridge Administration
To reallocate line item budget ner 12/8/98 request.
VOL -PAWL
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IIWEDIATE AC ION RFXA)IRM
O: ALL EBS CLMW .7 AND lfiEM
DATE: 12/3/98
RE: BUMM'IM COVERAGE RDQUII2E4' S UNDUt THE C14NIBUS APPi RIATIQt.S BZZi.
This package contains information on the oniibus Appropriations Bill, signed
into law on October 21, 1998, relating to medical coverage for mast8Ct=ies and
related breast recot . Included are a) an election farm for Nat-Federal
Governmental Entities that must be returned to EBS by -December 15; b) a Recap
=wary of the law with general questions and answers; c) a Sample Mastectomy
Notice to be distributed to all participants by January 1, 1999; and e) a
sample Enrollment Notice. These provisions apply to your plan on the first
plan anniversary on and after October 21, 1998, however, immediate action is
required. [Note: self funded state and local government plans may opt-out of
these mastectary provisions in the same marcher as allowed under HIPAA. If this
applies to your plan, you must provide a notification to participants informing
them of your election to omply (use sanple attached or prepare a notice to
participants informing them of the election to opt-out). In addition, you must
notify HCFA of the election to opt-out.] Please read and follow the steps
below.
1. For Non-Federal Governmental Entities, the attached letter of Intent
must be signed and returned to EBS by 12/15/98.
2. After corpletinng the Sample Mastectomy Notice (based on your plan
provisions) and typing on your letterhead,• distribute the notice to all
employees by the earliest of the following dates: a) in your next
enployee railing, b) as part of any yearly information packet, c) but
not later than January 1. 1999, regardless of the date of your plan
anniversary.
3. After the initial notice described above, notice must be given to
employees upon enrollment and annually. Begin providing the saacple
enrollment rx*Aoe, after typing on your letterhead, to eMloyees when
the law is applicable to your plan.
4. Plans must be amended to adopt the new provisions. For plans with
renewal dates of November 1, and Deoember 1, 1998 and January 1, 1999,
an amerrlment adopting the required minimum provisions will be farwarded
within the next few weeks for signature. For plans renewing Febrvary 1,
1999 and after, the amendment will be forwarded coinciding with the
renewal date. We will advise you when the DOL writes and issues
canplete regulations and if the final revs differ from the initial
minimum requirements or contain any modifications or interpretations
regarding limitations, at which time you may revise your plan.
Please note that until further guidance is ismied, any claim situations that
are not specifically described herein must be considered on a case by case
basis. If you have any questions, please tnotii'y yau~ EBS sales or marketing
contact. VOA- 'r7(ra,?l
EMPLOYEE BENEFIT SERVICES
A Division of HeslthPlen Services. Inc.
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LETTER OF INTENT
IN REFERENCE TO THE
MASTECTOMY PROVISION SIGNED INTO LAW
ON OCTOBER 21.1998
NON-FEDERAL GOVERNMENTAL ENTITIES ARE
REQUIRED TO COMPLETE AND RETURN THIS FORM
BY DECEMBER 15.1998
EMPLOYER NAME: Brazos County
PLANYEAR. January 1, 1999
AUTHORIZED SIGNATURE:
PRIM NAME OF PERSON SIGNING THIS RESPONSE: Alvin W. Jones, County Judge
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NON-FEDERAL GOVERNMENTAL ENTITIES:
(1( The Plan will comply with the new Mastectomy Provision effective with the plan year on
or after October 21. 1998. (For entities electing to comply. a simple notice to participants
is attached and must be dimauted no later than January 1. 1999.)
❑ The Plan will elect to opt-out of the new Mastectomy Provision effoctive with the plan year on or after
October 21. 1998. (For entities electing this option, the same format for the H PAA opt-wA elation must
be used to notify participants and must be dWributed no later than January 1, 1994
NOTE: ALL OTHER EMPLOYERS ARE REQUIRED TO
COMPLY WITH THE NEW LAW AND MUST NOTIFY
PARTICIPANTS AND COBRA BENEFICIARIES OF
THE MASTECTOMY PROVISION BY USING THE
SAMPLE NOTICE TO EMPLOYEES THAT IS
ENCLOSED IN THIS PACKET.
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1. laec p, of ltastec,■ww Pmmdsicn
The Omnibus Appanopxiati one Bi11, signed into law cn October 21, 1998,
amended EFJSA and the Public Health Service Act by adding a new
section that requires group health plans providing medical and
surgical benefits with respect to a mastectomy to pxvvide the
following coverage to a plan participant who elects breast
reconstruction in Connection with such mastectomy: 1)
of the breast on which the mastectomy has been perfCxmed; 2) surgery
and Leconstxuadon of the other breast to produce symmetrical
appearance; and 3) coverage for prostheses and physical
Of all stages of mastectomy, including lynt3hedemas; in a mares
determined in consultation with the attending physician and the
patient. Such coverage may be subject to annual deductibles and
Coinsuranoe provisions as may be deemed appropriate and as are
Cahsistent With tfhoee established for other benefits wider the plan or
coverage.
2. Effective Date
These amendments shall apLAy with respect to plan years beginning on
or after the date of enactment of this Act (OrI A - 21, 1998).
3. Notice
A group health plan, and a health insurance issuer in Connection with
a group health plan shall provide notice to each participant and
beneficiary under a plan regarding the coverage required. Such notice
shall be in writing and praniniently positioned in any literature or
OccrXespondence made available or distributed by the plan or issuer and
shall be transmitted: 1) in the next mailing made by the plan or
issuer to the participant or beneficiary; 2) as part of any yearly
informational packet serht to the participant or beneficiary; or, 3)
not later than January 1, 1999; whichever is earlier. to addition,
written notice of the availability of such coverage shall be delivered
to the participant upon enrollment and annually thereafter. Note: In
notifying plan participants no later than January 1, 1999, of this
provision, plans should ma3ae it very clear as to when the provision
will go into effect (i.e., for plan years beginning on or after the
date of enactment of the Act) so that plan participants will not be
misled into thinking that the effective data is immediate. A plan
having a plan year of May 1 would not become subject to the provision
until may 1, 1999; however, the plan mist notify participants and
- -ficiaries no later than January 1, 1999.
4. Answers to General Questions:
i. Will DOL provide any guidance on the January 1, 1999 notice
requixvoent? The DOL is not planning to issue any guidance to
help plans army with the iiYdce requirement by January 1, 1999.
The DOL representative said the law was passed too late in the
year for the DOL to create a model notice in time for the
statutory deadline.
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ii. Who must the plan send an initial notice to? The DOL
representative said the initial notice should be sent to
employees and dependents covered under the plan as well as O®RA
beneficiaries. Some SPBA members have questioned whether the
notice requirement could be satisfied by posting a entice on the
bulletin board. The DOL representative said she did not think
this would satisfy the entice requirement because dependents who
do not work for the employer would never see the entice. If the
company included the notice in some company literature that was
distributed to all participants, icrluding dependents and OOBRA
beneficiaries, this would probably be sufficient.
iii. If a group health plan already provides all the coverage
required under the mastectomy provision, must the plan send a
notice informing pazticipants of coverage they already have?
Yes, according to the ML representative.
iv. Must plans send as annual notice on the mastectomy coverage
provided by the plan? There are two notice requirements: 1) The
initial notice that must be sent to participants and
beneficiaries no later than January 1, 1999, regardless of when
the plan year begins: and 2) An annual notice delivered to the
participant describing the availability of mastectomy coverage.
The DOL representative said her initial reaction was that the
annual notice requirement seemed burdensome and that the ML may
consider acme way to reduce the burden. However, reducing this
burden will not be easy given the statutory language.
V. Must self-funded state and local government plans comply with
tike new mastectomy provision? In am irdiig the Public Health
Service Act, the mastectomy provision applies to state and local
government plans. However, self-funded state and local government
plans may elect to opt-out of the new mastectomy provisions.
The opt-out requirements are the same as the opt-out requirements
under the "Health Insasnee Portability and Aooaautability Act"
(HIPAA). Self-funded state and locsal government plans must file
an election with the Health Care F nanciig Administration (HCFA )
and the election should be received by HC'A by the day preceding
the beginning date of the plan year. However, H FA at this point
in time is being lenient with late elections. Notice must also be
given to all ~ c+pF, Is of the opt-out at the time of
enrollment and to all participants an an annual basis (am the
HIPAA opt-out interim regulations for details on what is required
to opt-out).
vi. A plan participant had a mastectomy many years ago and at that
time the plan did not provide coverage for ve surgery
cn the nm-diseased breast to produce a symmetrical appearance.
Is the now law requiring plans to provide coverage to produce a
Symmetrical appearance far mastacbanies that occurred many years
ago, or is the law requiring symmetrical appearance coverage for
maatectamies o=wring on and after the date the plan is subject
to the new zemilzemen
The DOL tative said the reg writing group will foams an
the statutory language that awls a participant or
VO i J ~a~ ~
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benefie-A ary ,who is receiving benefits in o=xct an with a
masbecbomgr... If -a participanat had a mastectm y many years ago
and is not presently receiving benefits in connection with a
mastectomy (such as benefits arising from mastectomy
r,ry;3ications), than it appears that the law does not require a
plan to provide coverage for a symmetrical appearance. However,
if a participant is receiving follow-on care related to the
mastectomy that occurred before the plan became subject to the
provision, then the participant may have rights to a symmetrical
appearance procedure under the statute.
vii. Are preventive maISbBCbOIDies treated differently under the law?
Some woman elect to have a mastectomy based upon their medical
histoxy, even though they do not have any diseased tissue. The
ML representative believed that if the plan covers preventive
then the law's requisstlents for coverage of
Lstxucticn and coverage of prostheses and physical
cc. - cations of all states of mastecbcnty would apply, as well as
coverage for a symmetrical appearance.
viii. May a plan impage a limit an what the plan will pay for
reconstructive breast surgery? Can a plan impose different limits
for the rtruction of the diseased breast vs. the
non-diaeased breast? The ML representative said she did not
think the intent of the mastecbw7 was to permit
different limits for for the diseased breast vs.
the non-diseased breast.
ix. Can Plans Sapome limits on what the plan will pay for an initial
breast prostheses? Must plans cover replacenmt breast
prostheses? Can plans limit aoveraige to a specific naiber of
breast prosthetic devices? The DOL repmesentative said
arguments could be made either way. The reg writing group will
have to debate this.
X. some plans limit the removal of a breast implant in relation to
a mastectomy to a certain dollar amount. Does the new law
prohibit these limits? See answer to #ix above.
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SAMPLE IASPE>CrCMY NOTICE
The following sample notice reflects the provisions of a hypothetical
group health plan that already included all of the requires coverage
mandated by the new mastectomy requirement, except ve aa'9ezy
for the nonaffected breast to p mduoe symmetry of appearance. Zhis sample
notice will have to be customized to reflect the existing benefit
provisions regarding mastectomies, including the beginning plan year date.
Dear Participant or Beneficiary:
As you know, for a number of years, the
Group Health Plan has provided coverage for mastecbandes. As part of this
coverage, the Plan also covered the procedures necessary to effect
reoonstruction of the breast an which the mastectomy was performed, as
well as the cost of prostheses (implants, special bras, etc.) and physical
eo►plieatiom of all stages d mastectomy, including lymphedemas, as
recommended by the attending physician of any patient receiving Plan
benefits in eo niection with the Amy in eornsvlt ati on with the
patient. However, the plan did not cover any s rWry and -reconstruction of
the other breast to achieve a symmetrical appearance.
•
Effective for the Plan year beginning (fill in the first plan year
beginning on or after October 21, 1998) for any participant or beneficiary
of the Plan who currently is receiving Plan benefits for a mastectomy, the
Plan will provide coverage for any necessary surgery and recxxistructicn of
the breast an which a mastectomy was not performed in order to produce a
syametrical appearance.
This new coverage will be subject to the same deductibles and
eopayments that apply to mastectomies under the Plan's ascent ter, s (nee
the GraV Health Plan Summary Plan Descxipt is n
far details of the Plane and copeyment for
meacteCbomd es
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SNROL3NEir NM7CE
FOR CCMPLIANM WrM M
CKN1l US APP~PRIATICNS BTTY,
The 4mibus AR= priatians Bill, signed into law an October 21, 1998, rw ires
that notice of this Bill mast be given to employees enrolling for coverage
as a plan participant under a group plan.
Zhhis Bill amended ERISA and the Public Health Service Act by requiring group
health plans providing medical and surgical benefits with respect to a
mastectc ay to provide the following coverage to a plan participant who elects
breast reconstnr-tion in connection with such mastectomy:
1) reconstruction of the breast on which the mastectomy has been
performed;
2) surgery and reconStructien of the other breast to produce
eya mtrical appearance; and
3) coverage for prostheses and physical coaplicatians of all stages
of mastectay, including lyg2wdaaas;
in a manner determined in consultation with the attendirig physician and the
patient. Such coverage may be subject to atonal deductibles and coinsurance
provisions as may be deemed appropriate and as are consistent with those
established for other benefits under the plan or coverage.
Vol,
,r
COMMUNITY SERVICE RESTITUTION (CSR) PROGRAM AGREEMENT
This agreement is entered into between the Brazos County Community Supervision and
Corrections Department (hereinafter referred to as "Department") and a 1 i Pn ; P q
Brazos County as prescribed by the District Judges (hereinaft er referred
to as "Organization") in order to establish a community service project pursuant to Article
42.12, Section 16 of the Texas Code of Criminal Procedure.
I.
The Department agrees to furnish probationers/defendants to the Organization and the
Organization agrees to utilize the labor, skills and efforts of probationers/defendants for the
performance of work assignments as described pursuant to Article V of this agreement which
shall comprise the tasks of the community service projects.
II.
E
The Organization agrees to provide work assignments in a safe and healthy atmosphere that
can be completed by probationers/defendants. The work required in the assignment should not
include work that may pose a danger to the public, such as providing transportation in an
automobile or other vehicle, and work that may endanger the probationer/defendant, such as
construction work or maintenance work that involves a significant risk of injury. The
probationer/defendant shall not be allowed to provide funds or otherwise donate goods to the
Organization or employees of the Organization in lieu of performing hours, nor may the
probationer/defendant benefit from performing the community service through providing free
advertising or publicity for the Organization.
III.
The Organization shall make reasonable efforts to allow the probationer/defendant to schedule
community service so that it will not conflict with the probationer's/defendant's employment or
interfere with responsibilities to the Department or obligations to the Court. The Organization
agrees, to the extent possible, to respect the confidential nature of the
probationer's/defendant's status.
If for any reason the probationer/defendant fails to perform the agreed upon number of hours
of community service for any month, the Organization shall notify the department of this fact
within one week of the end of this monthly period for which the probationer/defendant was
asked to perform the agreed upon number of hours.
IV.
E
Each and every probationer/defendant referred to the Organization by the Department shall be
required, by a duly constituted court of the State of Texas, to work a specified number of
hours for an approved community service project as a condition of community supervision; to
L 16-- AU -41/
discharge a fine by performing community service; or to perform community service in lieu of
confinement in county jail in order to discharge a sentence.
V.
The organization will notify the Department of work assignments that are available, provide a
description of the work assignment, and the name and telephone number of the contact person.
This will be accomplished by placing a telephone call to Traci Conde at 361-4410, or by
mailing information to the Department at P.O. Box 2015, Bryan, Texas 77806, ATTN: CSR
Program.
The probationer/defendant (CSR participant) will telephone the contact person to arrange an
appointment time for the Organization representative and the CSR participant to meet.
The Organization representative will notify the probationer's/defendant's community
supervision officer if the CSR participant is not acceptable.
VI.
The Organization has the right to refuse, reject or discontinue the services of any
probationer/defendant referred by the Department at any time. If, having initially accepted a
probationer/defendant for a community service project, the Organization subsequently refuses
to utilize those services, the Organization shall inform the Department immediately by phone
call, then in writing as to the reason for the Organization's dissatisfaction with the
probationer/defendant. The Organization may choose to have a community supervision officer
notify a probationer/defendant of termination from a community service assignment, or the
organization may inform the probationer/defendant.
VII.
Upon request of the Department, and only in extreme circumstances, the Organization may be
asked to file written reports concerning the performance of a probationer/defendant for the
community service project. The Organization shall be required to file no more than one report
per probationer/defendant per month. The more usual form of communication will be by
signing the probationer's/defendant's time card, which should be presented to the Organization
each time community service is performed. In addition, the community supervision officer
may phone the Organization contact person to verify hours if the time card is lost or signatures
look suspicious.
VIII.
The Organization shall have the sole right and responsibility for supervising the day-today
performance of each probationer/defendant and the operation of the community service project.
The department shall have the right to be fully informed concerning the nature of all aspects of
Vou IA~mYAURM._0_11 fl '07
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•
the community service project. the utilization of the probationer/defendant in the project and
any problems or incidents involving a probationer/defendant with the project. The department
shall have the right to inspect all community service projects and observe the performance of
any and all probationers/defendants at the project site at all reasonable times and places.
An Organization representative will keep accurate records on the CSR participant's time sheet.
If, for any reason, there is a concern over the performance or non-performance of the CSR
participant, the Organization will contact the community supervision officer or the community
service coordinator.
The Organization agrees not to terminate a CSR participant prior to completion of the specified
number of hours unless such action is made known to the community supervision officer or the
community service coordinator.
IX.
•
The Department and Organization shall for all purposes under this agreement be independent
parties. Neither party shall be deemed an employee, agent or representative of the other party,
and neither party shall have authority to incur any obligation or make any representation on
behalf of the other party.
X.
The department shall retain the right to rescind any referral of any probationer/defendant to the
Organization and discontinue the services of any probationer/defendant with any Organization
for any reason and at any time.
XI.
Any and all expenses incurred in the furtherance of and performance of this agreement shall be
borne by the party that incurred them.
Neither party shall be responsible or liable in whole or in part for the acts or omissions of the
other party. its agents, CSR workers, or employees.
Neither party to this agreement shall be required to indemnify the other or hold the other
harmless against any claim of any kind, including any claim asserted by a third party against a
party to this contract, resulting from an act or omission of a probationer/defendant referred to
the Organization by the department pursuant to this agreement.
Each party is responsible for determining the need for and for procuring any insurance that it
may deem necessary in order to protect or indemnify itself from the consequences of any
possible legal liability that it may incur in the performance of this agreement.
~J
VO . d11-1',
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?QI.
It is understood that the employees of the Brazos County CSCD or individuals acting as agents
of the Brazos County CSCD are not authorized to receive any type of personal payment,
reimbursement, compensation, commission, gratuity or gift for services provided under this
agreement. The Organization warrants that no employee or agent of the Brazos County CSCD
has been retained to solicit or secure this agreement and that the Organization has not paid or
agreed to pay any employee of the Brazos County CSCD any fee, commission, percentage,
brokerage fee, gift or any other consideration, contingent upon the making of this agreement or
as an inducement for entering into this agreement. The unauthorized offering or receipt of
such payments may result in the immediate termination of this agreement.
X IV.
If for any reason either party is dissatisfied with any arrangement in this agreement, this
agreement may be canceled at any time by either party giving (30) days written notice of intent
to terminate.
I affirm that this Organization is classified as governmental or as a non-profit Organization,
and that I am authorized to enter into this type of agreement.
December 15, 1998
Organization Representative Date
County Judge
Title
Arlene Parchman, Director Date
Brazos County Community
Supervision and Corrections Department
Al
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STATE OF TEXAS §
COUNTY OF BRAZOS §
A RESOLUTION BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY,
TEXAS AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE
CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING
TO BRAZOS COUNTY, TEXAS FOR A PROGRAM KNOWN AS THE "BRAZOS
VALLEY NARCOTICS TASK FORCE TRAINING PROJECT"
•
WHEREAS, the Commissioners' Court of Brazos County, Texas have the moral
obligation to the citizens and taxpayers of Brazos County and the state of Texas to
ensure that the criminal justice system operates In the most efficient and coordinated
manner possible; and
WHEREAS, funding is available, through a grant with no matching funds for the
creation of regional training through the Texas Narcotics Control Program; and
WHEREAS, the opportunity exists to fund vital parts of this program through the Office
of the Governor of the State of Texas, Criminal Justice Division; and
WHEREAS, The Brazos County Commissioners' Court has agreed that in the event of a
loss or misuse of the Criminal Justice funds, Brazos County Commissioners' Court
assures that the funds will be returned to the Criminal Justice Division In full;
NOW, THEREFORE BE IT RESOLVED by the Commissioners' Court of Brazos County,
Texas at this meeting the 15th of December 1998:
1. The County Judge of Brazos County, acting on behalf of Brazos County, be
authorized to make application to the Criminal Justice Division, Office of the
Governor, for grant funds requested for the Brazos Valley Narcotics Task Force
Training Project.
2. The County Judge be authorized to accept such grant funds should they be
tendered.
3. This resolution becomes effective upon Its adoption.
Alvin W. Jones, my Judge
Brazos County, Texas
•
ATTEST:
Mary An Ward, County Clerk
Brazos County, Texas
VOL PASa~.
1
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STATE OF TEXAS §
COUNTY OF BRAZOS §
A RESOLUTION BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL
JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING TO BRAZOS
COUNTY, TEXAS FOR A PROGRAM KNOWN AS THE "NARCOTICS TRAFFICKING
TASK FORCE."
WHEREAS, the Commissioners' Court of Brazos County, Texas has the moral obligation
to the citizens and taxpayers of Brazos County to ensure that the criminal justice system operates in
the most efficient and coordinated manner possible; and
WHEREAS, the Commissioners' Court feels that the continuation of the Narcotics
Trafficking Task Force will materially enhance the administration of justice in Brazos County,
Texas; and
WHEREAS, in order to receive Federal matching grant funds, local governments, including
Brazos County, have been responsible for providing local matching funds in the amount of twenty-
five percent of the money utilized in narcotics operations; and
WHEREAS, the opportunity exists to fund vital parts of this program through the Office of
the Governor of the State of Texas, Criminal Justice Division; and
WHEREAS, the Brazos County Commissioners' Court has agreed that, in the event of a loss
or misuse of the Criminal Justice Division funds, Brazos County Commissioners' Court assures that
the funds will be returned to the Criminal Justice Division in full;
NOW, THEREFORE BE IT RESOLVED by the Commissioners' Court of Brazos County,
Texas at its meeting on the I Sth day of December, 1998:
1. The County Judge of Brazos County, acting on behalf of Brazos County, be authorized
to make application to the Criminal Justice Division, Office of the Governor, for grant
j funds resulting from the Narcotics Trafficking Task Fora.
2. The County Judge be authorized to accept such grant funds should they be tendered.
3. This resolution becomes effective upon its adoption.
Alvin . Jones, Co ty Judge
Brazos County, Texas
ATTEST:
Mary Anr&Ard, County Cleric
Brazos County, Texas
1
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BID TABULATION 99-012
COLD MIX LIMESTONE CONCRETE PAVEMENT
1998.99 CONTRACT
12H51.98-015199
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Item 334 Is their new hot mix cold lay spec
No cargo insurance included in bid price
RECOMMENDATION: VULCAN MATERIALS: THD330 CLASS A. TYPE D LOADED ONLY AND LOADED AND HAULED
'COLORADO MATERIALS: THD 350 CLASS A, TYPE 0, LOADED ONL7 & LOADED AND HAULED
AWARD DATE:
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BID TABULATION 99-013
FENCING SUPPLIES - ANNUAL CONTRACT
1211 M8-12115/99
BRAZOS BOTTOM
CONROEWOOD
HICKS POST
PRODUCER'S
TURNER, PIERCE
WOODSON
S&SFENCE
Qtr
CROP CARE
PRODUCTS
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COOPERATIVE
AND FULTZ
LUMBER
COMPANY
FURROWS
1A
a4imwRE
100mb
10miminwiftiedwhs
UrdPrbr
s 36.11
$ 31.00
$ 31.25
$ 34.45
s 33.95
wB
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Red Brand
1.0
23625
RedBrandoefer~r
1211224KF
Feel Per Rot
1327
1320
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10
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100 rob
10 rd min
Uit Prot
NIB
s 34.01
s 29.00
s 32.50
s 32.45
s 2120
NB
Sbd R
Red Brad
t0
23635
1100 Red Brad
1212BF
Fed Per Rot
1327
1320
1
1320
1320
3.0
METAL TEE POSTS
11
6.1RTeePoats
1,000
we
Urt Prior
s 162
s 140
s 220
149 es
s 2.34
we
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3.0
Still souc,er post 1,33
512133AF
32
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1,000
Alor
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s 119
s 0.60
s 145
$2.666,
s 2.55
NB
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32
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7133AF
4.0
WOODEN POSTS
4.1
4'x6.117 Vkods
s 4.11
Posts-.4000A
1,000
WB
Unkpdor
s 3.6S
s 329
$3.99a
s 3.45
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6124TK
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1,000
NB
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s 11.03
s 920
s 9,50
$10.5068
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s 11.30
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within consecutive
30
15
$ 10.00
calendar days after notice
4F.u.vyn9%0v ww.wva.
5 braces. 8 brace posts
for every 625 R
adn tabor d move: braces
$7 each
RECOMMENDATION: Primary: Larry Isbell
Secondary: Corgey and Son
Aftemate: S & S Fence Company
AWARD DATE:
VOL /,0
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RECOMMENDATION: HEAD a GUILE PARTS: 7 FOOT BLADES
VALK MANUFACTURING: 9 FOOT BLADES
AWARD DATE '
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BID TABULATION 99-015
MOTOR GRADER BLADES
1998199 CONTRACT
12115198-12115199
PARTS, INC.
TRACTOR
AND CO.
MANUFACTURING
PEARCE IND.
T X 518' X 6'
T X 314' X 8'
T X 518' X 8'
7.72
31.57
5129
43.80
49.60
41.43
67,04
56.11
50-09
4245
71.18
58.86
41.W
3288
55.10
46.50
39-85
42.35
56.51
53.17
mmwvl~~~
91 X 518' X 8'
9' X 314' X s'
9' X 518' X 8'
56.53
47.36
76.92
65.70
NIB
N1B
'85.94
'7210
68.74
58.51
95.01
78.20
5z7l
42.27
70.84
59.70
127.44
97.20
157.32
131,40
MAX TEMP
SPECS
EXCEEDS SPECS
HARDENED
PHOSPHORUS.04
MAX,
SULPHUR.05 MAX, SILICON. 30 MAX
10
45
1530
45
HoUSTURM
RYAN,TX
HOUSTON. TX
CARUSLE. PA
AUSTIN. TX
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