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HomeMy WebLinkAbout2003-01-07-0900AM-RegularBRAZOS COUNTY BRYAN, TEXAS 2~C3 J:! -3 ° I 1 u TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, JANUARY 7, 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26H STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 -15: 3. Payment of Claims. 4. Personnel Changes of Status. 5. Amendments One and Two to the Economic Development Guidelines for the Bryan- College Station Economic Development Corporation. 6. Resolution authorizing the submission of a grant request to the Criminal Justice Division of the Governor's Office for funding a Brazos County program known as the "Brazos Valley Narcotics Task Force." 7. Approving the following as non-paid deputy constables for Precinct 2: a. Eric Todd Worez f. Michael Ross Mathis b. Eddie Dan Lohse g. David Paul Welch c. Albert Benjamin Syptak III h. Eric Eugana Dotson d. Robert James Olsen i. Morrell Brent Munyon e. Bobbie Gail Jeffries j. James Ward Carter 8. Lease Agreement with the Brazos Valley Art League for office space at the Brazos Center. 4~1 • Commissioners Court Meeting Agenda January 7, 2003 Page Two Appointing County Judge Randy Sims to serve as a county representative on the following: a. Brazos Valley Council of Governments Board of Directors b. Metropolitan Planning Organization Board of Directors C. Brazos County Animal Shelter Board of Directors d. Bryan-College Station Economic Development Corporation Board of Directors e. Bryan-College Station Chamber of Commerce Board of Directors • 10. Waiving the requirement of the County Judge's signature on requisitions and payment authorizations that have previously been exempted from competitive bids for the following services: a. Indigent health care services b. Counseling and assessments of juvenile detainees c. Professional services as authorized by court orders d. Contract placement of juvenile detainees e. Utility services f. Child Protective Services expenditures 11. Authorizing County Judge Randy Sims to execute contracts for Residential Services for the Juvenile Services Department. 12. Appointing fire commissioners for each of the following fire districts: a. Rural Fire Prevention District, Precinct 1 b. Rural Fire Prevention District, Precinct 2 C. Rural Fire Prevention District, Precinct 3 d. Rural Fire Prevention District, Precinct 4 • 13. The following blanket purchase orders: a. $2,000.00 to Sav-on Office Supply for the District Clerk b. $1,000.00 to Pharmerica for the Jail Administration c. $3,000.00 to Dealers Electric for the Maintenance Department d. $1,000.00 to Lowe's for the Maintenance Department 14. Renewing Bid #2003-017R (previously Bid #2002-027) - Material Hauling, Annual Bid, for an additional year at the current prices. 15. Award of Bid #2003-014 - Removal of existing bridges and construction of new bridges at New Edge School House Road over Little Cedar Creek, Dilly Shaw Tap Road over Mathis Creek, and Wheelock Hall Road over Bee Creek. p,..q r~ Commissioners Court Meeting Agenda January 7, 2003 Page Three 16. Announcement of interest items and possible firture agenda topics. 17. Call for citizen input and/or concerns. 18. Convene into Executive Session pursuant to §551.071 and §551.072 of the Texas Government Code to discuss the acquisition of real property with legal counsel. 19. Consider and take action on Executive Session. 20. Adjourn. ~I\ 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 (979) 361-4102. • COMMISSIONERS' COURT REGULAR MEETING JANUARY 7, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, January 7, 2003, with the • following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 9; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court next considered the following Claims as • submitted by the County Treasurer for payment: 20038009 through 20038122 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. VOL 1 PAGE r~ U Commissioners Court meeting January 7, 2003 2 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was the approval of Amendments One and Two to the Economic Development Guidelines for the Bryan College Station Economic Development Corporation. Amendment One would be the addition of a new incentive category with a sunset clause. Amendment Two would provide a provision for incentive to commercial realtor commissions for referrals. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the amendments as submitted. A copy is attached. The Court next considered adopting a Resolution authorizing the submission of a grant request to the Criminal Justice Division of the Governor's Office for funding a Brazos County program known as the "Brazos Valley Narcotics Task Force." On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the submission of the grant and authorized the County Judge to make application and to accept such grant funds should they be tendered. VOL -4,0 PAGE `40 • Commissioners Court meeting January 7, 2003 3 The Court next considered a request from Constable Precinct 2, Donald Lampo, to appoint the following individuals as non-paid deputies: Eric Todd Worez Eddie Dan Lohse Albert Benjamin Syptak III Robert James Olsen Bobbie Gail Jeffries Michael Ross Mathis David Paul Welch Eric Eugana Dodson Morrell Brent Munyon James Ward Carter on motion by Commissioner Peters, seconded by Commissioner • Cauley, the Court voted unanimously to approve the request from Constable Lampo to appoint the previously named individuals as unpaid Reserve Deputy Constables subject to appointment being within the allotted number of deputies. The Court next considered renewal of a lease agreement between the Brazos Valley Art League and Brazos County for rental of office space within the Brazos Center located on 3232 Briarcrest Drive, in Bryan, Texas. Term of the lease is fot the period of one year commencing on November 1, 2002 and ending on May 31, 2003. The Art League agrees to pay Brazos County Four Hundred Eighty dollars ($480.00) per month. • reement rove the lease a C l d t i i . g ey move o app au oner Comm ss Commissioner Peters seconded the motion. Then Commissioners Cauley and Peters amended their motion and second to include having Risk Management review the contract and check to see if there is adequate insurance coverage. The motion carried VOL c 0 PAGE 41 n U 1_~\ Commissioners Court meeting January 7, 2003 4 unanimously. A copy of the lease agreement is attached. The Court next considered appointing County Judge Randy Sims to serve as a county representative on the following boards of directors: a. Brazos Valley Council of Governments b. Metropolitan Planning Organization C. Brazos County Animal Shelter d. Bryan-college Station Economic Development Corporation e. Bryan-College Station Chamber of Commerce On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint the County Judge to serve as a county representative on the previously named boards of directors. The Court next considered waiver of the County Judge's signature on requisitions and payment authorizations for the following services that have been previously exempted from competitive bids: a. Indigent health care services b. Counseling and assessments of juvenile detainees c. Professional services as authorized by court orders d. Contract placement of juveniles detainees e. Utility services f. Child Protective Services expenditures VOL 40 PAGE • Commissioners Court meeting January 7, 2003 5 On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the waiver. The next matter before the Court was the authorization for the County Judge to execute contracts for Residential Services for the Juvenile Services Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to • execute contracts for Residential Services for the Juvenile Services Department. The Court next considered appointing fire commissioners for each of the following fire districts: PRECINCT 1 James Carroll Lynn Elliott on motion by Commissioner Jones, seconded by Commissioner Mallard, the Court voted unanimously to appoint the previously named individuals as fire commissioners for precinct 1. PRECINCT 2 • Raymond McCallum Hawley West James Rosier On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to appoint the previously named individuals as fire commissioners for precinct 2. VOL q O PAGE ~L3 0 Commissioners Court meeting January 7, 2003 6 PRECINCT 3 Jerry Merker Bill Millberger Charles Rusty Lewis On motion by Commissioner Mallard, seconded by Commissioner Jones, the Court voted unanimously to appoint the previously named individuals as fire commissioners for precinct 3. PRECINCT 4 Dorothy Dlabay Dale Ison On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint the previously named individuals as fire commissioners for precinct 4. The Court proceeded to consider the following blanket Purchase Orders: Sav-On District Clerk $2,000 Pharmerica Jail Admin $1,000 Dealers Elec Maintenance Dept $3,000 Lowe's Maintenance Dept $1,000 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase Orders as submitted The next matter before the Court was the renewal of Bid No.2003-017R (previously Bid No. 2002-027) Material Hauling Annual Bid. Becky Stephens, Senior Buyer made the following recommendations: VOL 140 PAGE 44 • Commissioners' Court meeting January 7, 2003 Primary Vendor: Jeffery Bailey Trucking Secondary Vendor: Young Contractors Alternate: Brazos Dozier Service On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to accept the recommendations of the Senior Buyer and renew the contract as previously noted. • The next matter before the Court was Bid N0.2003- 014, Removal of Existing Roadway Bridges and Construction of New Bridges at New Edge School House Road over Little Cedar Creek, Dilly Shaw Tap Road over Mathis Creek and Wheelock Hall Road over Bee Creek. Becky Stephens, Senior Buyer recommended BLS Construction, Inc. On motion by Commissioner Jones, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Senior Buyer and awarded the contract as noted. A copy of the bid tabulation is attached. • Under announcements of interest items and possible future agenda topics the county Judge made the following comments: a. Asked the Court members to consider holding a Tuesday night meeting once a month. He asked that they give him feedback on which Tuesday they'd like to hold it. VOL 41,# 'At S PAGE 7 0 Commissioners' Court meeting January 7, 2003 b. The state is reimbursing mileage at $.36 per mile. He asked the Court to consider an increase in County mileage reimbursement. c. He is looking at committee appointments. He would like to have reports from the commissioners to keep up the status of those committees. He said it would benefit the citizens to hear the reports as well. He went on to say that the Court could have a standard non-action agenda item for reports. 8 Under citizen input and/or concerns, the following individuals made comments: a.Ernie Laney, Director of the Information Technology Department informed the Court that the computers will be brought down at 3:00 p.m. on Friday to make some changes to the software and services will be unreliable this weekend. b.Demetrios Basdekas commended the County Judge for steps he is taking for more open government. d. Chris Kirk, Sheriff informed the Court that Sara Deserens, jail nurse had suffered a very massive heart attack the evening before. There have also been problems with plumbing at the annex and they have had to close 98 beds. It has caused clogged sewer lines and waterline breaks. The inmates are double bunked and sleeping on floors while waiting for the repair work to be finished. At 9:26 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the acquisition of real property as allowed under Section 551.071 and 551.072 of the Texas Government Code. VOL PAGE • Commissioners' Court meeting January 7, 2003 At 9:59 a.m. the County Judge announced the meeting open to the public and that no action would be taken on the Closed Executive Session. There being no further business to come before the Court, the meeting was adjourned. C~ go VOL `10 PAGE 47 9 0 The foregoing minutes of the Commissioners Court meeting held January 7, 2003 have been examined and are approved in open Court this the ld'lk day of 2003, in Bryan, Brazos County, Texas. Randy Sims Tony Jon s County Judge Commissioner, Precinct 1 3,a ne Peters Kenny Mall r Commissioner, Precinct 2 Commissione , Precinct Carey Cauley, Jr. Commissioner, Precinct 4 aren McQueen County Clerk VOL q0 PAGE ~0 • BR.AZOS COUNTY COMMISSYONERS COURT MEETING ON 7 200 AT ~`oo r~ pp, (~7ff • eves '~r - na.~~s`~ (.e- a~ _ nrz~iA lis 4 Y 0 BRAZOS COUNTY'CONWSSIONERS COURT MEETING ON 200 3 AT 4PL- /1 _ o- '~'Y~ow4,2 3C5 ~[~c • • • PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: January 7, 2003 DEPARTMENT: Personnel PURPOSE: ARprove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED NTTF TIDWELL, JANE RETIREMENT JUSTICE OF THE PEACE MEECE, C. PATRICK TERM ENDED PCT. 2, PL. 1 MEECE, MARGARET NEW ELECTED OFFICAL JUSTICE OF THE PEACE BARRAR, TARA RESIGNATION Approved in Commissioners' Court: January 7. 2003 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) emu,o ,me 5 BRYAN COLLEGE STATION Economic Development Corporation December 16, 2002 Judge Al Jones Brazos County Judge 300 East 26d' Street, Suite 100 Bryan, TX 77803 Dear Judge Jones, On December 11, 2002, the Bryan-College Station Economic Development Corporation Board of Directors voted to make two amendments to its Economic Development Guidelines. Those amendments are outlined below: Amendment Ono--Addition of a New Incentive Category w/Sunset Clause The EDC Board of Directors approved addition of a new category aimed to make incentives available for local companies desiring to expand yet not large enough to qualify for the current Guidelines' minimum requirements. There will be an annual $75,000 cap on the program with a $15,000 cap on each deal. See "Proposed New Primary Community Incentives Category" attached for further details. The EDC Board approved this amendment for a one-year test period, January 1- December 31, 2003. At the end of this time, it is to be reviewed for its merits and consideration of future use. Amendment Two-Provision to Incent Commercial Realtor Commissions for Referrals In an effort to get local commercial realtors more actively involved in referring prospects to the EDC, the Board of Directors approved including funds in applicable Community Incentive Proposals to pay commissions for referring realtors. The proposed commission was set at 5%. The commission amount would be calculated using the per-acre land value used in the economic impact analysis. A registration process will document the referring realtor/broker and the date of the prospect referral. See "MEMORANDUM Subject.- Commercial Realtor Commissions for Referrals" attached for further details. A copy of the current Guidelines is attached for your convenience. Please note, they were last revised in June of 2001 and need to be updated again to reflect changes in the EDC and community. This will be done over the next few months and will be submitted separately for appropriate approval at a later date. In the meantime, it is the EDC Board of Directors' wish to implement the two amendments outlined above as soon as possible given the nature of their potential contribution to the community. 4001 r-st 20a, 5.- Bu- 1 on Bryan, Toes 77802-4211 ww&bcsedc org Phone. 800449-4012 979-260-1755 Fax 979.2605252 Home of Taxes A&M University • The EDC Board of Directors hereby submits and requests the approval of the court to implement these changes. Please feel free to contact meat 821.1100 with questions. We request notification of when these issues will be considered so that we could have EDC representation available to answer any questions. Respec bmitted, Tim Bryan Chairman of the and Attachments: Bryan-College Station Economic Development Guidelines Proposed New Primary Community Incentives Category MEMORANDUM Subject: Commercial Realtor Commissions for Referrals • • 0 CITY OF BRYAN, CITY OF COLLEGE STATION, BRAZOS COUNTY BRAZOS COUNTY INDUSTRIAL FOUNDATION BRYAN-COLLEGE STATION CHAMBER OF COMMERCE BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION ECONOMIC DEVELOPMENT GUIDELINES Revision #4 - HISTORICAL NOTES - The original version of Economic Development Guidelines was approved by the EDC Board of Directors at the October 20, 1994 Board Meeting. Revision 01 was approved by the EDC Board of Directors on September 21, 1995. Revision #2 was approved by the EDC Board of Directors on February 15, 1996 Revision #3 was approved by the EDC Board of Directors on Septemberl8, 1997. Revision #4 was approved by the EDC Board of Directors on October 20, 1999. 1. GENERAL The Guidelines are intended to provide a general direction for the Board and staff. When negotiating with prospects, a certain amount of flexibility should be allowed for making good business decisions on projects and circumstances that fall outside the Guidelines. IL INTRODUCTION A. Recipients of community incentives should be, but are not required to be, on the EDC Target Industry List: 1. Biotechnology 2. Call centers 3. Corporate headquarters operations 4. Distribution 5. Information technology 6. Manufacturing 7. Recycling and products from recycled materials 8. Value added to agriculture 9. Technology transfer r , EDC Guidelines, Page 1 ter', 4 Y. y, n • B. Primary Community Incentives: 1. Tax abatement (City of Bryan, City of College Station and Brazos County only) 2. Developed land 3. Performance-based financial assistance (e.g., reimbursement/payment of permanen0xrd costs associated with relocation/expansion.) M. QUALIFYING STATEMENTS A. Community incentives, which includes all cash incentives, will be available to qualifying existing businesses and those recruited from outside Brazos County. Both existing and new businesses must qualify for incentives based on opital investment or gross payroll added in Brazos County, and a time requirement for maintaining a physical location and conducting business in Brazos County. An existing business which meets the threshold minimum requirements for community incentives will automatically qualify for the next higher level of incentives. r B. Cash incentives will be requested from only one of the following combinations of funding entities unless extraordinary circumstances exist or in the case of incentive magnitude being so large as to necessitate consideration of a variance to this part of the Guidelines. 1. EDC Development Fund 2. One City 3. Brazos County 4. One City and Brazos County C. Requests for incentives for companies relocating from one city to another in Brazos County requires both city managements be notified prior to any meetings subsequent to initial interview. D. Each time community incentives are used in the recruitment of new business, or in existing business expansion or retention, the recipient of the incentives will be encouraged to use local providers of goods and services. With each recipient, this will be done in the following way: 1. Educate them on the Development Fund's purpose, structure and providers of the Development Fund. 2. Ask what products and services the company will be using at their operation in Brazos County and inquire into their willingness to consider using local companies for their products and services. 3. Hold an annual meeting of recipients and Development Fund members to recognize both parties for their support of economic development. E. Participants approved for the Incubator or Technology Transfer Programs and graduates thereof will be exempted from capital investment and gross payroll guidelines. Once a business is commercially profitable, it will no longer be eligible under this paragraph but will be considered on the same basis as existing local businesses. EDC Guidelines, Page 2 0 F. Community incentives will not be offered to businesses that would create product competition within Brazos County where Brazos County is the primary sales territory. G. Community incentives will not be offered to retail business. H. All recipients of community incentives will sign mutually agreed upon performance agreements and contracts prior to receiving incentives, based on capital investment or gross payroll, in addition to a requirement for the company to maintain a physical location and conduct business in Brazos County for a specified period of time. An Economic and Fiscal Impact Analysis will be conducted for each applicant for community incentives. The community return on investment (pay-back) time period projected by the impact analysis will, where possible, be seven years or under and anything longer will be approved on an exception basis. Approval authorities may at their discretion require shorter return on investment time periods. J. A health and environmental risk assessment will be conducted for each applicant for community incentives as requested by the EDC Board or a funding entity. K. Community Incentive Proposals shall be presented in a standard format including all Guideline requirements. L. After presentation of Community Incentive Proposals to a prospec> the prospect will have a specified period of time in which to respond with acceptance, rejection, or suggested changes to the proposal. When feasible, the time period will be 30 days. The proposal will become null and void if not acted upon by the prospect within the specified time period unless an extension of time for good cause is granted by the EDC or appropriate funding entity. M. The Board of Directors will consider the minimum hourly wage level and benefits when determining incentives for companies. IV. DUE DILIGENCE A. Due diligence will be required of each prospect for community incentives as follows: 1. Business PI to include, but not be limited to, Executive Summary, company history, historical and proforma financial information and company principal(s) resumes. 2. Economic and Fiscal Impact Analysis (County, city and school)-a copy of which will be sent to the Board. The Economic Impact Analysis may be waived where cumulative cash flow outlays from the Development Fund are $100,000 or less. 3. Health and environmental risk assessment-at the request of the EDC Board and/or one or more of the funding entities. 4. Statements or suitable evidence of credit worthiness. 5. Contract description (real estate lease, purchase, huild-to-suit, etc) 6. Executive Summary-outlining major factors and impacts, both positive and negative, on the community with emphasis on taxing authorities. EAC Guidelines, Page 3 • B. Due diligence packages will be reviewed and recommendations will be made to the appropriate decision-making authority by a Prospect Review Committee* of four (4) and the EDC President/CEO through the EDC Executive Committee. *NOTE. The Prospect Review Committee will be appointed by the EDC Chairman from the ZDC Board of Directors. The Board will receive due diligence packages at the same time as other committees for incentives over $10,000. V. PROPOSAL PRESENTATION A. Presentations to the appropriate approval authorities will be preceded by the following steps for each prospect seeking community incentives: 1. Project introduction - Description of company (name ifpossible), product, capital investment, gross payroll, size of building, acreage, etc. 2. Pro sus report and preliminary proposal - Due diligence report and preliminary proposal for community incentives. 3. Final proposal and presentation for decision - Economic and Fiscal Impact Analysis, • health and environmental risk assessment, further due diligence and final incentives proposal. B. No prospect report or proposal will be submitted to a decision-making authority without being first reviewed and approved by all preceding authorities. Proposals, impact analyses, and other materials related to the decision-making process will be delivered to the appropriate individuals at least two days prior to the meeting at which decisions are to be made regarding the proposal. A typical prospect presentation and approval process will flow as follows: 1. EDC Staff (*Chamber of Commerce Staff for existing businesses) to... 2. EDC Prospect Review Committee to... 3. EDC Executive Committee to.- 4. EDC Board of Directors to-. 5. City Council(s) and/or Commissioners' Court. C. Prior to presenting the Board of Directors with a Community Incentive Proposal for approval, an Executive Summary of such proposal in standardized format will be prepared and sent to Board members in the Board package prior to the Board meeting • * NOTE: The Chamber of Commerce will process all existing business proposals through the Guidelines system. EDC Guidelines, Page 4 0 VI. APPROVAL AUTHORITY A. Authority to approve projects for receipt of cash from the Development Fund will be vested as follows: 1. Up to $10,000 EDC President/CEO and Chairman 2. $10,001 through $25,000 EDC Executive Committee* 3. $25,001 through $100,000 EDC Board 4. Over $100,000 The appropriate city council(s) and/or Commissioners, Court. Tax abatement and free or reduced cost land transactions can be approved only at this level. The Bryan Business Council(BBC) must approve all transactions pertainingto land owned by the BBC and the College Station City Council must approve all transactions pertaining to land owned by the City of College Station. * NOTE: The Executive Committee is authorized carder circumstances they deem appropriate, to poll the Board on decisions byfaz, e-mail, or other written means and to receive hard copy vote. EDC Guidelines, Page 5 m ri" q V 4 • PRIMARY COMMUNITY INCENTIVES TAX ABATEMENT The following will be used as Guidelines for tax abatement: r YEAR CAPITAL INVESTMENT $2,000,000 to $4,000,000 or GROSS PAYROLL $250,000 to $1,000,000 CAPITAL INVESTMENT $4,000,001 to $8,000,000 , or GROSS PAYROLL $1,000,001 to $2,500,000 CAPITAL INVESTMENT $8,000,001+ or GROSS PAYROLL $2,500,001+ 1 70% 70% 70% 2 50% 60% 70% 3 30% 50% 60% 4 20% ' 40% 50% 5 100/0 30% 40% 6 00/0 20% 30'/0 7 0% 10% 20% 8 0% 0% 100% Requests for tax abatement will not be made to either College Station Independent School District or Bryan Independent School District. PERFORMANCE-BASED FINANCIAL ASSISTANCE AND LAND The following will be used as Guidelines for performance-based financial assistance: • CAPITAL INVESTMENT CAPITAL INVESTMENT CAPITAL INVESTMENT ASSISTANCE $2,000,000 to $4,000,000 $4,000,001 to $8,000,000 $8,000,001+ CATEGORY or GROSS PAYROLL or GROSS PAYROLL or GROSS PAYROLL 5250,000 to $1,000,000 $1,000,001 to 52,500,000 $2,500,001 Performance Based $15,000 to $40,000 $40,001 to $65,000 $65,001 to negotiable Financial Assistance Up to three (3) Up to five (5) Negotiable Acres of Land OTHER COMMUNITY INCENTIVES There can be other community incentives made available based on the nature, needs, quality and magnitude of the prospect. EDC Guidelines, Page 6 40 PROPOSED NEW PRIMARY COMMUNITY INCENTIVES CATEGORY Issue: A large number of Brazos County businesses that qualify as a BCS EDC targeted industry are small businesses. As a result, when they expand it is typically not large enough for the company to meet the minimum requirements, i.e. $250,000 in new annual gross payroll or $2,000,000 in new capital investment, as outlined in the BCS EDC's Economic Development Guidelines. These companies, some of which have been in the community for decades, are active, viable businesses making vital contributions to the local economy. The BCS EDC staff proposes a solution to fill this incentives-eligibility gap that would make these small businesses eligible for a modest amount of performance-based financial assistance. Proposed Solution: The BCS EDC staff proposes adding a new category to the Primary Community Incentives on page 6 of the BCS EDC's Economic Development Guidelines. The new category would only be for performance-based financial assistance and would be limited to a maximum of $15,000. Because this is a relatively small amount of assistance, it is proposed that a one-time payment be made to the company for the total amount as opposed to the traditional multiple payments. In exchange for the one-time payment, the company would be required to enter into a performance agreement as is the current standard operating procedure at the BCS EDC. It is proposed that the only criteria that should be eligible for this new incentives category should be expansions that create new capital investment. The reason for this limitation is that, as shown below, the amount of new capital investment will be the number that is used to calculate the amount of financial assistance that a company is eligible for and also because new capital investment is a much more tangible investment in the community. Furthermore, if new annual gross payroll were an eligible criterion, then targeted industry companies would be requesting financial assistance for every new job that they created. The new capital investment can include new construction as well as new equipment. Method of Deriving Amount of Financial Assistance: The BCS EDC staff proposes that the amount of new capital investment be the basis for calculating the amount of financial assistance that an expanding company may receive. Calculations would be made using the new capital investment amount to determine the value of tax abatements from the city and the county. This total would be the amount that is proposed to the company. It is essentially cash in lieu of tax abatement. The minimum level of tax abatement as found in the BCS EDC's Guidelines would be used for the calculations. This minimum level is: Year 1 - 70%; Year 2 - 50%; Year 3 - 30%; Year 4 - 20%; and Year 5 - 10%. As an example, below are the calculations for a Bryan company that is proposing a $750,000 new capital investment. • $750,000 new capital investment • $1.0564 / $100 valuation (combined current Bryan and Brazos County tax rates) • $7,923 estimated city and county taxes on the $750,000 new capital investment $7,923 x 70% _ $ 5,546 $7,923 x 50% _ $ 3,962 $7,923 x 30% _ $ 2,377 $7,923 x 20% _ $ 1,585 $7,923 x 10% _ $ 792 $14,262 The company would be offered a one-time payment of $14,262 for its $750,000 new capital • investment. The same type of offer would apply to a College Station company. The only exception would be that the College Station tax rate would be substituted for the Bryan tax rate in making the calculations. Since new capital investment can include new construction and new equipment, the trigger mechanism for the delivery of the incentive payment would be: 1.) when the company completes construction and occupies the new space or 2.) puts the new equipment into full-time operation or 3.) if both are involved when the last new capital investment item is completed Limitation: It is proposed that the maximum amount that a company can receive under this new category level be capped at $15,000. If the above calculations had resulted in a total that exceeded $15,000, then the company would be offered a one-time payment of $15,000. Under the current BCS EDC Guidelines, financial assistance proposals of up to $10,000 can be approved by the BCS EDC President/CEO and Board Chairman, but proposals that are $10,001 to $25,000 must be approved by the BCS EDC Executive Committee. Since it is not known at this time how many of these small proposals may be presented each year • for consideration, it is suggested that the BCS EDC Board adopt a limit of $75,000 per year for these small proposals. Also, since it is not known how effective this new incentive level will be, it is proposed that the BCS EDC Board adopt this new incentive category for a one-year trial period and that after a year it be evaluated to determine whether it should be adopted long-term or terminated. Each company must submit to the BCS EDC's due diligence process and enter into a performance agreement contract with the BCS EDC if the proposal is approved. These stipulations may inadvertently create a minimum proposal limit because a company will probably not want to submit to the due diligence process and contract requirements for a small amount of financial assistance. 0 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 A BRAZOS COUNTY, TEXAS PROGRAM KNOWN AS THE "BRAZOS VALLEY NARCOTICS TASK FORCE". WHEREAS, the Commissioners' Court of Brazos County, Texas have 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 Brazos Valley Narcotics Task Force will materially enhance the administration of justice in Brazos County, Texas; 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 Commissioners' Court has agreed to provide all applicable matching monies for the said project as required by the Edward Byrne Memorial Act Fund grant application; and WHEREAS, the Brazos County Commissioners' Court has agreed that in the event of a loss or misuse of the Criminal Justice Division funds, the 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 7W_ day of ZJ-ANuAp_X , 2003, that: The Commissioners' Court approves submission of the grant application to the Office of the Governor, Criminal Justice Division, for grant monies to fund the Brazos Valley Narcotics Task Force. 2. The County Judge of Brazos County, acting on behalf of Brazos County, is authorized to make said application and to accept such grant funds should they be tendered. 3. This resolution becomes effective upon it adoption. Ran Ims, County Judge Brazos County, Texas ATTEST: a en McQueen, Coun Jerk Brazos County, Texas STATE OF TEXAS COUNTY OFBRAZOS This agreement is made between BRAZOS COUNTY, TEXAS, hereinafter called Lessor, and BRAZOS VALLEY ART LEAGUE, hereinafter called Lessee is as follows: Lessor, the Owner of the Brazos Center, a multi-use building and the adjacent grounds has agreed and does hereby agree, to lease and demise unto Lessee, a portion of the Brazos Center, hereinafter described, upon the following terms and conditions. 1. Lessee shall be exclusively entitled to the space allocated to it by the Director of • the Center for a term beginning November 1, 2002 and ending May 31, 2003. The space allocated to Lessee as descnbed in Attachment "A" hereto, which have been signed by the Director of the Center. (Room 106 and Closet) A. Lessee shall have access to this space during those hours in which the Brazos Center is open for normal business. Lessee will not have a key to the exterior door of the facility. B. Lessee shall use the leased premises solely for the use and purposes for which it is let, that being the conduct of the Brazos Valley Art League meetings, classes, exhibits and workshops. C. Lessee shall provide the Director of the Center with a monthly schedule of activities by the 15th of the preceding month. Lessor is responsible for is verifying that the Center is scheduled to be open prior too scheduling activities. 2. A. B. is In consideration therefore, Lessee agrees to pay the Lessor on the first working day of each calendar month during the term hereof, in advance, the sum of $480 representing the agreed monthly rental for use of such space as herein set forth. In addition, Lessee has permission to use Concourse and Assembly III for two art shows per year. The term for each not being longer than seven days. And Assembly IV for a workshop for 1 week if needed. C. Lessor will make staff and chairs available to set the room one time per month, including the setting up and taking down of 6 tables, room will be set auditorium style for up to 40 persons, at the request of Lessee. Lessee will request this service at least 30 days in advance for each set-up. 3. Lessee agrees to arrange and hang work of local artists on a continual basis in Showcase III. Artist' s works chosen too be spotlighted are the sole responsibility of Lessee. At least six artists per year will be featured. The Brazos Center has the right to deny exhibition of any work that the director deems to be of questionable appropriateness. 4. Lessor shall furnish all utilities, including gas, water and electricity. Excluding telephone service. 5. Lessee will pay the regular User fees for space used by it, other than space allocated to it under this agreement. 6. Lessor does not provide and will not provide furnishings, custodial care, or maintenance of the space allocated to Lessee under this agreement. Lessor will replace light bulbs, only. 7. Lessee shall take good care of the space allocated to it, reasonable wear and tear only excepted, and shall surrender the premises at the termination of this agreement. 8. Lessee agrees that no improvements to or alterations to the spaces shall be made without the consent of Lessor in writing. 9. Risk of loss of all property owned by Lessee shall remain with Lessee, it being understood that Lessor will maintain no insurance on such property. Any insurance desired by Lessee on Lessee's property shall be purchased by Lessee at its expense. 10. Lessor shag not be Gable to Lessee or the Lessee's employees for any damage to person or property caused by the negigent act of Lessor, Its agent, servants, or employees or due to the act of any other tenant In the buGding, or due to any defect or went of repair in any part of the building of which the allocated space forms a part. LIO -z, i~"_rbC+o6o'i • 11. Lessee agrees to hold Lessor harmless from any and aU claims, damages, expenses, Mclrrding attorney's fees, growing out of or arising from any negdgent act on the part of Lessee, its agent servants or employees. 12. No sign shall be placed at, on, or about the premises by Lessee except with the approval of the Center Director in writing. One sign, no larger than 18" X 24'can be placed on each door. Design and materials to be approved in advance by center director. 13. This agreement can be terminated by either party upon written notice of intent • delivered by U.S. mail, return receipt requested. The termination notice must allow the lessee 45 days from the date of the notice to vacate the premises, likewise, the lessee will give the lessor 45 days notice of intent to vacate; or the lessee shall pay the lessor a prorated amount of rent not to exceed $720.00 (seven hundred twenty dollars.) IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands in duplicate, u the day and year written below. BRAZOS RANDY LESSOR , TEXAS BRAZOS VALLEY ART LEAGUE PRES., B OS VALLEY ART LEAGUE, LESSEE BRAZOS COUNTY JUDGE / - DATE pi/IOJ DA 4E 0 EXIT EXIT STORAGE SERVERY EXIT EXIT IOTCNEN W LOADINO v DDOC FRW Ex LAI ASSM 1 ASSM 2 STAGE 108 106 105 OASSM3 EXIT EXIT EXIT EXIT RECEPTION OFFICE FOYER. FOYER JAN, ruo~q 1 ~ovq 1 PwK EXIT EXIT JArr EXIT MEN WOMEN ENTRANCE ENTRANCE MEN woucN sranAa „was 102 BPAZOS CE# T90 ~ ARYAN, TEXAS SCALE IN FEET 6 •~r 0 30 410 1 • i • BRAZOS COUNTY DATE: January 7, 2003 BRYAN. TEXAS TO: John Reynolds, County Auditor FROM: Randy Sims, County Judge RE: WAIVER Please be advised that on this '7,4-_ day of SRn)u,9,2y , 2003, at a Regular Session of the Commissioners Court a Randy Sims Tony Jones Duane Peters Kenny Mallard present: County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Carey Cauley, Jr. Commissioner, Precinct 4 As provided in the Local Government ode, Section 113~1(c), the Commissioners Court hereby waives the requirement of the County Judge's signature on requisitions and payment authorizations that have previously been exempted from competitive bids for the following services: 1. Indigent health care services, as authorized by the Brazos Valley Council of Governments, with contracted vendors {LGC 262.024 (a)(2)]. 2. Counseling and assessments of juvenile detainees, as authorized by the Brazos County Juvenile Services Department, with contracted vendors [LGC 262.024(a)(4)]. 3. Professional services as authorized by Brazos County Court at Law Number One, Brazos County Court at Law Number Two, 85th District Court, 272"d District Court and 361St District Court in a properly authorized Court order, to include court- appointed attorneys and interpreters. [LGC 262.024(a)(4)]. 4. Contract placement of juvenile detainees, as authorized by the Brazos County Juvenile Services Department, with contracted vendors. 5. Electric power, natural gas, water or other utility services. 6. Child Protective Services expenditures. is Y BID TABULATION 2003-014 REMOVAL OF EXISTING BRIDGES AND CONSTRUCTION OF NEW TWO LANE ROADWAY BRIDGES EDGE SCHOOL HOUSE ROAD OVER LITTLE CEDAR CREEK DILLY SHAW TAP ROAD OVER MATHIS CREEK WHEELOCK HALL ROAD OVER BEE CREEK M/ ,,a M.K •^'.7ti'I. j:~=N. ' G {~Y i .-`J, (.1•;f h+ .•[iw'iy L f`. • c_ ,V..~~ R`'.; I T s .,.,:r, 't oatftcPri Gil Iffi ? k~~: ✓ ~ f 'i 'tYl~ NN,_ : •C y ''ad ' r -r j Nil r T ' S` BLS CONSTRUCTION EL CAMPO, TX v Breakdown: ~ Materials $ 131,475.00 Labor $ 87,650.00 Mobilization $ 15,000.00 Demobilization $ 10,000.00 MONSOON= Edge School House Road Br $ 91,375.00 Dilly Shaw Tap Road Br $ 65,375.00 Wheelock Hall Road Br $ 87,375.00 It is estimated that it will take 90 DAYS working days to accomplish this work and all work required will be completed within 115 DAYS calendar days RECOMMENDATION: B CONS ION, INC. COURT APPROVAL APPROVAL DATE: January 7, 2002