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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. i 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 E i It t. 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. f 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. I 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. r r COMMISSIONERS' COURT t REGULAR MEETING JUNE 15, 1999 •I 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 i~ i I--- Commissioners Court meeting June 15, 1999 3 was tabled on a motion by Commissioner Jones, seconded by •I 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 01 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 lei 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 I Commissioners Court meeting June 15, 1999 4 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 UrU ~f 1°~LlEar„ 123 V, • 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. 5 • C. J t I 1 if lu L...~ 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 i i BRAZOS COUNTY COMMISSIONERS/ MEETING ON /S q AT 9'A o A.M./44*. • • CAlD/l WWI& vawn~.aYnaav,. / vvaaa na.a / Va~aYY.. 1 1,21 C/w i l .r q 4vL~ i3le S /Lt P o WPA,.,- 0 A, - ~4.~ -T~ e a-q CC . 1 L, e, . C.. 1-7 '.2kao 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 i~ e 01 '01 Prepared WLM Date: • ; 619199 4U e•• I Approved By: Date: r~ . r" 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 A y 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 41 .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: 01 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. -7 • 2 It __,~J - 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. W I 133- 3 L 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. 1 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. I YAWL 4 4 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 VUL 1 r 5 M ~ Thos Page ~ has been intentionally left blank a s i .~r,,.~.. va 7