HomeMy WebLinkAbout1999-06-15-0900AM-Regular•
Pty 3 28
99 X41 in
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JUNE 15, 1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
L Invocation - Commissioner Cauley.
2. Pledge of Allegiance - Commissioner Cauley.
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 - 16:
4. Budget Amendment 98/99-27.
5. Personnel Change of Status.
6. Payment of Claims.
7. Request by the Judge, 361 ° Judicial District, for out-of-state travel to Atlanta, Georgia
on August 5-9, 1999 to attend the National Conference of Speqial Court Judges.
8. Proposal for professional services for asbestos inspection of Courthouse.
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9. Tax Resale Deeds and authorization for County Judge to execute tax resale deed for the
following properties:
a. Tract #1, Lot 6, Block E, Jones Addition, City of Bryan, to James Johnson and
Gladys Johnson.
b. A 90 foot by 47 foot tract out of the Stephen F. Austin League No. 9, Abstract 62,
City of Bryan to Felicia L. Allen.
10. Contract with Rick Ravey & Associates for completion of plans for Justice of the
Peace/Constable offices.
11. Lease Agreement with the Junior League of Bryan-College Station, Inc. for office space
in the Brazos Center.
BRAZOS COUNTY
BRYAN. T$XAB BY ~EP11tY
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Commissioners Court Meeting Agenda
June 15, 1999
Page Two
12. Appointment of members to the Brazos County Child Welfare Board. '
13. Establishing speed limits for White Creek Road located in Precinct 1 and Lightsey Lane
located in Precinct 4.
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14. Appointment of a representative to the City of College Station's Tax Increment Finance
Reinvestment Zone #7 Board of Directors.
15. Co-Location Lease Agreement with Houston Cellular Telephone Company, L.P. for
space on a radio tower for the Sheriffs Office. .
16. Blanket Purchase Orders:
a. $500.00 to Tom's Barbecue for Jury Services
b. $54,000.00 to Government Records for the County Clerk's Office.
17. Announcement of interest items and possible future agenda topics.
18. Call for citizen input and/or concerns.
19. Adjourn.
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The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any requests for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
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COMMISSIONERS' COURT t
REGULAR MEETING
JUNE 15, 1999
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A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, June 15, 1999, with the following members of
the Court present:
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 Cauley gave the invocation and led the
pledge of allegiance.
Under citizen input and/or concerns, the County Judge
reminded those in attendance that June 14, 1999 was the 224th
birthday of the army.
The Court next considered Budget Amendment #98/99-27.1
through 27.2, which would increase funding for Juvenile
Services placement, and reallocate funds for the Community
Supervision Department. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
approve the budget amendment as submitted, a copy of which is
attached hereto.
The Court proceeded to consider the change of status of
the following employees.
MINA
REASON
Golson, Thomas M
CNS
New Employee
Wendt, Kristie
District
Clerk
Trans to CCL 2
Fippinger, Janet
District
Clerk
New Emp Temp
Benford, Aletha
Juvenile
Serv.
Resignation
Carter, Ann Q
Juvenile
Serv.
Resignation
Moncrief, Kelly C
MPO
Resignation
Howard, Andrew
MPO
New Emp Temp
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the changes as
submitted.
Commissioners Court meeting June 15, 1999 2
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
99-007576 through 99-007818
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The next matter for consideration by the Court was a
written request submitted by the Judge of the 361" District
Court, seeking approval for out of state travel for himself.
Judge Smith would be traveling to Atlanta, Georgia to attend
the National Conference of Special Court Judges during the
week of August 5 through the 9, 1999. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to grant the request from the District Judge
and approved payment of out of state travel expense for him.
The Court next considered a proposal for professional
services for an asbestos inspection of the Courthouse. On
motion by Commissioner Jones, seconded by Commissioner Sims,
the Court voted unanimously to approve the proposal submitted
by Deal Enterprises, Inc.. A copy is attached.
On motion by Commissioner Cauley, seconded by
Commissioner Jones, the Court voted unanimously to authorize
the County Judge to execute a Tax Resale Deed to the following
individual:
James Johnson and Gladys Johnson - Tract #1, Lot 6,
Block E, Jones Addition, City of Bryan, Brazos
County, Texas
on motion by Commissioner Cauley, seconded by
Commissioner Thornton, the Court voted unanimously to
authorize the County Judge to execute a Tax Resale Deed to the
following individual:
Felicia L. Allen - A 90 foot by 47 foot tract out
of the Stephen F. Austin League No. 9, Abstract 62,
City of Bryan, Brazos County, Texas
Agenda Item 10, Contract with Rick Ravey & Associates for
completion of plans for Justice of the Peace/Constable offices
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Commissioners Court meeting June 15, 1999
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was tabled on a motion by Commissioner Jones, seconded by
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Commissioner Thornton and voted on unanimously.
The Court next considered renewal of a lease agreement
between Brazos County and the Junior League of Bryan/College
Station, Inc. for rental of space in the Brazos Center located
3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802.
Term of the lease is for two (2) years commencing on June 1,
1999 and ending on June 1, 2001. The League agrees to pay to
Brazos County the amount of six hundred dollars ($600.00) per
month. On motion by Commissioner Cauley, seconded by
Commissioner Jones, the Court voted unanimously to approve the
lease agreement between Brazos County and the Junior League
for the period stated above. A copy of the lease agreement is
attached.
The next matter for consideration was the appointment of
members to the Brazos County Child Welfare Board. On motion
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by Commissioner Cauley, seconded by Commissioner Sims, the
Court voted unanimously to reappoint Suzanne Phelps and Amy
Hamilton-Foster to service another term on the Board and
appointed Kathy Joyce as a Board Member.
The Court next considered the establishment of speed
limits for White Creek Road located in Precinct 1 and Lightsey
Lane located in Precinct 4. In a Public Hearing held June 7,
1999, it was recommended that the speed limit for White Creek
be set at 40 mph and the speed limit for Lightsey Lane be set
at 50 mph. On motion by Commissioner Jones, seconded by
Commissioner Sims, the Court voted unanimously to set the
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speed limit on White Creek Road at 40 mph. On motion by
Commissioner Cauley, seconded by Commissioner Thornton, the
Court voted unanimously to set the speed limit on Lightsey
Lane at 50 mph.
The next item for consideration was the appointment of a
representative to the City of College Station's Tax Increment
Finance Reinvestment Zone #7 Board of Directors. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
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Commissioners Court meeting June 15, 1999
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voted unanimously to reappoint Commissioner Tony Jones to be
the County's representative.
The next matter before the Court was a Co-Location Lease
agreement with Houston Cellular Telephone Company. L.P. for
space on a radio tower for the Sheriff's Office. Commissioner
Cauley moved to approve the motion. Commissioner Jones
seconded the motion. After discussion, Commissioners Cauley
and Jones withdrew their motion and second. Then on motion by
Commissioner Thornton, seconded by Commissioner Sims, the
Court voted unanimously to table consideration until the
contract has been reviewed by legal counsel.
The Court proceeded to consider the following blanket
Purchase Orders:
Tom's BBQ Jury Services $ 500
Government Records County Clerk $54,000
On motion by Commissioner Cauley, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The County Judge made the following comments:
1) He received a letter from a Mr. Frutel
concerning the uneven floor in County
Court at Law II Courtroom.
2) He has received the proposed revenue for
the 2000 budget.
3) Commissioner Jones informed him that a
Jail study was done in 1976 to determine
the expansion of the County Jail.
4) Justice of the Peace Precinct 5 is not active
currently, can the employees be utilized by other
offices.
5) He has received two request to pay for cellular
phone use from Contingency funds.
6) New Order request for National Flood Insurance
7) The Post Legislative Conference will be held in
August in Austin.
8) Budget Hearings are scheduled from July 6 through
July 23, 1999.
9) Commissioner Sims provided the County Judge will
bills directly affecting county government.
10) He has received a letter from a citizen stating
that the County has made no objection to
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Commissioners Court meeting June 15, 1999
information provided for the complete count for the
2000 census.
11) It has been requested that the tax abatement
approved for Bryan Coca Cola be canceled.
12) There will be a joint hearing with the Cities of
Bryan and College Station and Brazos County at the
Brazos Center on June 17, 1999 at 7:00 p.m. dealing
with the landfill.
13) The cellular phone bills are going up. He will ask
Purchasing and the Auditor's office to look into
the bid and possibly opting out of the contract and
rebid the service.
Commissioner Cauley informed the Court that the proposal
for software for the County will be opened today.
There was no citizen input and/or concerns.
There being no further business to come before the Court,
the meeting was adjourned.
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AGE, I
The foregoing minutes of the Commissioners Court meeting
held June 15, 1999 have been examined and are approved in open
Court this the 21 Sr day of 199.1-, in
Bryan, Brazos County, Texas.
Alvi W. Jones
County Judge
m. S. Thornton
Commissioner,
Precinct No. 2
C rey Ca ley, Jr.
•
Commis .oner,
Precinst No. 4
l '
Tony Jon s
Commissioner,
Precinct No ./A
• GvF •wi
Randy S' As
Commissioner,
Precinct No. 3
Mary Arui Ward
County Clerk
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BRAZOS COUNTY COMMISSIONERS/ MEETING ON /S q AT 9'A o A.M./44*.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 27.1 through 27.2
On this the 15" of June 1999 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 June 15, 1999 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 151" day of June 1999.
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
e .
a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-27.1
6/15/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 260010 613250 DR Furniture-Minor 1,232.65
01 260010 803420 CR Furniture 1,232.65
Community Supervision:
To transfer funds from Furniture into Minor Furniture for the purchase of furniture under $200
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01
'01
Prepared WLM
Date: • ; 619199
4U
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Approved By:
Date:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-27.2
6/14/98
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
01
310001
710400
Dr.
Contract Placement
I
300.000.00
01
110015
611300
Cr.
Contineencv
300.000.00
I_ (Juvenile Services Department I I I I I
To increase the budget for iuvenile placement from funds reserved in Contingency:
.z~-~ prove ~y:' '"~-1.'a".!-a
.~AqL- ) 4)
'VOL
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D E A L E N T E R P R I S E S I N C.
asbestos./ environmental consulting
June 9, 1999
•
The'Honorable Judge Alvin W. Jones
Brazos County Judge
300 E. 25th, #114
Bryan, TX 77803
Your Honor:
I am submitting this proposal for
professional
services in
regard to the renovation and/or demolition of County facilities.
I am a licensed asbestos consultant in the Stat
e of Texas. My
fee and service schedule is
Inspection labor
$300.00
per day
Bulk sample analysis
$ 20.00
each (3-5 day turn)
$ 40.00
each (rush)
Rush delivery to lab
$ 15.00
Inspection report
$250.00
Abatement specifications
$ varie
s depending on
scope
of work (typically
$1000
- $2000)
Project management b
air monitoring
$300 -
$350 per day
Final project report
$250 -
$500
If you have any questions, please
let me know.
Thank you.
01
Respectfully,
C~. Albert O. Mayo Jr
President
DEAL ENTERPRISES INC.
P.O. Box 371
Lake Jackson, TX 77566
409-849-3147
1-800-610-1390 pager
app/u'
e
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.1%
LEASE AGREEMENT
This lease agreement which is effective as of the 15th By of _ June 1999,
is made by and between Brazos County, Texas, ('Lessor') whose address for purposes of this
agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802, and the Junior League of
Bryan-College Station, Inc. ('Lessee') whose address for purposes of this agreement is 3232
Briarcrest Drive, Bryan, Brazos County, Texas, 77802.
In consideration of the mutual covenants and agreements herein set forth and other good
and valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby
lease from Lessor the premises situated in Brazos County, Texas, and being a part of the property
commonly referred to as the Brazos Center, and more particularly described and shown in Exhibit A
attached hereto with such property hereinafter called the 'leased premises'.
TERM
The term of this lease shall be two (2) years commencing on June 1, 1999, and ending on
June t, 2001.
II.
RENT AND USE OF THE LEASED PREMISES
A. Lessee agrees to pay to Lessor without any prior demand therefor and without any
deduction or setoff as a fixed minimum rent of the sum of Six Hundred Dollars (4800.00)
per month during the entire term of this lease, such amount to be referred to herein as
the "Base Rent.' Unless otherwise expressly set forth herein, Lessee shall have the
use of the leased premises as described below in consideration for the payment of the
Base Rent and no other amount.
S. In consideration for the payment of the Base Rent, the Lessee shall have access to and use
of the leased premises as follows:
1. At all times, the exclusive use of the office space described and designated at Exhibit
'A" attached hereto.
2. Occupancy of two storage cabinets in the "receiving area" of the leased premises as
described on Exhibit W.
3. Each year, on or prior to August 1, the Lessee shall submit to the Lessor a calendar of
general membership, board, and provisional meetings scheduled for the twelve months
to follow. The Lessor shall, within two weeks of receiving the calendar of meetings,
respond to the Lessee with a confirmation of the proposed schedule. Once the
proposed calendar is confirmed by the Lessor, the scheduled meetings and locations
shall be reserved by the Lessor for use by the Lessee. The room set-up for these three
types of meetings can be auditorium style or banquet style. If Lessee will not require
the use of the requested rooms for the meetings on any given day, Lessee will give
Lessor at least 30 days notice. It is generally understood and agreed by Lessor and
Lessee that the general membership meetings will be held in ether Assembly 1, 111, IV,
or in Lecture/Rehearsal 102.
4. Those areas designated on Exhibit 'A' as Room 105, Room 108, and Room 102 may
- be used for committee and council meetings at no extra charge provided the following
conditions prevail:
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a. Meetings are to be held only during normal business hours, or after 5 P.M. when
another activity is scheduled requiring a Brazos Center attendant to be on the
premises.
b. The Lessee must request use of the space at least one week in advance. Such
notice must include the date of the meeting, the start and end time, and the
name of the person presiding over the meeting.
5. In addition, Lessee has permission for free use of Assembly I, Assembly II, or Assembly
IV for two six hour periods as scheduled in advance with the Brazos Center for Agency
Orientation and Candidate Orientation.
C. Lessee may schedule additional meetings utilizing Assembly I, III, and or IV on a first-come,
first-served basis at the rate of $50.00 per day for each area.
III.
BUSINESS
Lessee shell use the leased premises solely for the use and purpose for which It Is let, that
being the conduct of Junior League meetings and related Junior League meetings and related Junior
League activities as described herein.
IV.
CONSTRUCTION AND ACCEPTANCE OR PREMISES
101
Lessor will provide to Lessee exclusive use of all property described in Exhibit 'A' attached
hereto. Lessee accepts the property in its present condition, and Lessee shall not construct any
improvements on or in such without the express written consent of the Lessor.
V.
MAINTENANCE AND SURRENDER
Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing,
the structural soundness of the exterior walls, and all other parts of the budding and other
improvements on the leased premises in good repair and condition. Lessor shall be responsible and
keep in a good state of repair all interior plumbing, windows, window glass, plate glass, doors,
heating-system, air conditioning equipment, fire protection, sprinkler system and the interior of the
building in general including the reasonable care of the entrance and exit of the premises.
Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial
services for the leased premises as well as minor maintenance of the leased premises. Lessee shall
throughout the lease term maintain the leased premises them free from waste or nuisance, and
shall deliver up the premises in a clean and sanitary condition at the termination of this lease,
reasonable wear and tear and damage from fire, tornado and other casualties excepted.
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VI.
49P TAXES AND ASSESSMENTS
Lessor shall pay and fully discharge all taxes, special assessments and governmental
charges, if any, assessed against the real estate herein leased, and Lessee shall pay and fully
discharge all taxes, special assessments and governmental charges, If any, for any and all personal
property located on the above premises.
VII.
UTILITIES
Lessor shall pay all utility charges for electricity, heat, gas and water and power used in and
about the leased premises.
Lessee shall pay all charges for its dedicated telephone service and answering service.
• VIII.
INSURANCE
Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in
amounts and for risks as each determines to be appropriate. Lessee will maintain in effect at all
times a police of general liability insurance, including coverage for property damage, in an amount
no less than $500,000.00.
Lessee bears the risk of loss of all property owned by or under the care of Lessee, and
Lessee holds Lessor harmless from any claims or causes of action for the loss of or damage to the
property owned by or under the care of the Lessee.
IX.
SIGNS
Lessee may not erect signs on any portion of the leased premises, with the exception of
small signs identifying the leased premises which have been approved by Lessor in advance.
X.
INDEMNITY
The Lessee agrees to and shed Indemnify and hold harmless and defend the Lessor Its
officers, -agents, elected officials and employees from and against env and aq claims, losses,
damages, causes of action, suits and Oability of every kind, including all expenses of ptigadon,
court costs and ettomey's fees, for Injury to or death of any person, or damage to any property, or
for any breach of contract arising out of or in connection with this lease agreement and the
purposes for which this loose agreement was entered into, Including but not rmited to property
damage, injuries and death due to the act omission, mistake, fault, default, or negligence of (1) the
Lessor, its officers, agents, employees; (2) the Lessee, its agents and employees, and (31 any
invitees, licensees or guests of the Lessee.
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XI.
DEFAULT
If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice
by U.S. mail, return receipt requested, of such delinquency, or shall remain in default under any
other conditions of this lease for a period of ten (10) days after written nonce by U.S. mail, return
receipt requested, from Lessor, or should any other person than Lessee secure possession of the
premises, or any part thereof, by reason of receivership bankruptcy proceedings, or other operation
of law in any manner whatsoever, Lessor may at its option, following notice by U.S. mail, return
receipt requested to Lessee, terminate this lease, or in the alternative, Lessor may reenter and take
possession of said premises and remove all persons and property therefrom, without being deemed
guilty of any manner of trespass and relet the premises or any part thereof, for all or any part of the
remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may
with reasonable diligence be able to secure. Should Lessor by unable to relet after reasonable
efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay
under this lease, or any removal thereof, plus the expense of relettmg, then Lessee shall pay the
amount of such deficiency to Lessor.
XII.
ASSIGNMENT AND SUBLEASE
Lessee shall not assign this lease, and any interest therein, or sublet the leased premises, or
any part thereof, or any right or privilege pertinent thereto.
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XIII. i
NOTICES AND ADDRESSES ;
, i
All notices provided to be given under this Agreement shall be given by regular U.S. mail,
• with the sole exception that notice of default must be delivered by U.S. mail, certified return
receipt requested, addressed to the Lessor's agent, and the Lessee's agent, and the Lessee's then
serving President at the following addresses:
Lessor: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802
Lessee: 3232 Briarcrest Dave, Bryan, Brazos County, Texas, 77802
XIV.
TEXAS LAW TO APPLY
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas.
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XV.
PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
XVI.
AMENDMENT
No amendment, modification or alteration of the terms hereof shall be binding unless the
same be in writing, dated subsequent to the date hereof duly executed by the parties hereto.
XVII.
ATTORNEY'S FEES
In the event Lessor or Lessee breaches any of the terms of this agreement whereby the
party not in default employs attorneys to protect or enforce its rights hereunder and prevails, then
the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such
other party.
XVIII.
FORCE MAJEURE
Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in
this lease to long as such performance is delayed or prevented by force majeure, which shall mean
acts of God, material or labor restrictions by any governmental authority, civil riot, floods and any
other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of
due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome.
IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement
as of the date and year first above written.
LESSOR:
BRAZOS COUNTY, TEXAS
C/O TJiE BRAZOS CENTER
BY:
NAME: Alvin W. Jones
TITLE: County Judge
LESSEE:
THE JUNIOR LEAGUE OF BRYAN-
COLLEGE STATION, INC.
BY:
NAME: 1a/f1za/107t/"4/7
TITLE: A-51d n C
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