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HomeMy WebLinkAbout1982-01-11-1000AM-Regulari i r s t! COMMISSIONERS' COURT REGULAR MEETING JANUARY 11, 1982 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 10:00 A. M. on Monday, January 11, 1982, with the following members of the Court present: R. J. Holmgreen, County Judge, presiding: Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; W. A. Stasny, Commissioner of Precinct 4; Frank Boriskie, County Clerk The following citizens and officials were in attendance: Van Kinerd Arnold Dittfurth Tammy Pardi W. D. Burley Richard R. Heyde Jann Snell Barbi Tomlin Thomas Morse Elaine Kowierschke Buddy Winn Ernest Ellis B. V. Elkins Sheri Toumbs J. M. Beamer Bobby H. Yeager Jeannie Norton E. A. Wentrcek, Jr. Travis Bryan, III Auditor's Office Auditor's Office KAGC District Clerk Lyons Petroleum The Eagle WTAW Citizen TAMU Student Tax Assessor Collector Halsell Motors Treasurer Treasurer's Office Sheriff's Office Sheriff KAMU Juvenile Probation District Attorney The Court received, approved and ordered filed as sub- mitted the following reports for January, 1981: W. T. Sistrunk, County Extension Agent; Mike McKinney, County Extension Agent; C. Jack Hunter, County Extension Agent; Mable Walker, County Extension Agent; Wanda L. Pope, County Extension Agent. The first matter to come before the Court was a resolution authorizing and approving the creation of a Health Facilities Development Corporation and the appointment of members of the Board of Directors of such corporation. After having the func- 1 1 i V® Y I F I~ tions of the corporation explained Commissioner Stasny moved to create the corporation. The motion was seconded by Commiss- ioner Beard and carried unanimously. On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously voted to appoint the full Commissioners' Court as members of the Board of Directors. Copy of resolution to be attached to minutes. ,o i i The Court next opened and considered the following bids: (1) Seven (7) four door police cars for the Sheriff's Department. (a) Lawrence Marshall Chevrolet-Oldsmobile, Inc. $9,275.74 each- total $64,930.18 (b) Halsell Motor Company of Bryan for Dodge Diplomat $8,819.00 each -total $61,733.00 (c) Beal Ford for LTD $9,400.65 each -total $65,804.55 (d) Tom Light Chevrolet Chevrolet Impala $9,508.75 each- total $66,561.25 (e) Jimmy Copeland - Chrysler Plymouth-Navasota Plymouth Grand Fury $10,379.00 - $72,779.00 Less Cash discount $7,165.90- total $65,613.10 After discussion Commissioner Beard moved to defer award of the bid to allow time for the Sheriff to evaluate the bids and return to the next Court meeting with a recommendation. The motion was seconded by Commissioner Cooley and carried unanimously. (2) Oil and Gas Lease Proposal for the Brazos Center Property and Boonville Cemetery Property. (a) Richard R. Heyde, representing Lyons Oil Company requested that the Lyons bid be withdrawn. (b) M.C.Z. Inc. bid: (1) Booneville Cemetery Property, a 11.29 acre tract in the John Austin Survey No. 2. $350.00 per acre for the Primary Paid UP term of two (2) years and 27k% roya-ty. (2) Brazos Center Property, a 50.00 acre tract in the Richard Carter League. $350.00 per acre for the primary Paid y2 term of two (2) years and 27k% royalty.- VOBLPAGE-4-i-0 f' ~s ii \F T 1 6 1 t ti i After discussion and on motion by Commissioner Beard, seconded by Commissioner Wilcox the Court voted unanimously to ` accept the bid and authorized the negotiation of the specifics i of the lease. (c) Reception desk with counter top for the Health Department. (1) News Office Supply bid - $2,449.00 After discussion, it was the consensus of the Court to defer action until the counter top and desk in the Treasurer's Office was examined to determine if it could be utilized and to give the Judge time to evaluate the bid. I The Court next received a request by the County Auditor that all salaries in that department be set at the same rate increase as all other departments with the exception of the secretary posi- tion being up graded to Assistant Auditor. On motion by Commiss- ioner Beard, seconded by Commissioner Cooley the Court voted un- animously to set the salaries at a 10% increase over the 1980 sal- aries, effective January 2, 1982. . On motion by Commissioner Wilcox, seconded by Commissioner Beard the Court unanimously voted to approve an amendment to the 1982 budget to accomodate the payment of a note by Precinct 2, noting that this was a reallocation of budgeted funds and would not increase the Precinct 2 budget, A copy of such amendment is attached to and made a part of these minutes. The Court next considered the rate to be paid to County employees, not receiving a monthly car allowance, when using their personal vehicle to conduct county business and out of County travel. Commissioner wilcox moved that the rate be set at $.23 per mile. The motion was seconded by Commissioner Beard, with Commissioners Wilcox, Beard and Stasny voting :Aye". Com- missioner Cooley abstained, whereupon the County Judge announced the motion carried and the rate for use of personal vehicle for county business and out of count travel be st at $.23 per mile. The Court having received from the District Clerk the names of all persons serving on the Grand Jury during the past twelve months proceeded to draw names for the Salary Grievance Committee for 1982 as follows: 1. Carey Cawley 4. William Phillips - alternate 2. Steve Nemec 5. Charles Gandy - alternate 3. Lionell•Garcia On motion by Commissioner Cooley, seconded by Commissioner Stasny the Court set the following days as the official holidays to be observed by county employees: Memorial Day - Monday, May 31 Independence Day - Monday, July 5 Labor Day - Monday, September 6 Thanksgiving - Thursday, Nov. 25 and Friday, Nov. 26 Christmas - Friday, December 24 New Years - Friday, December 31 On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unanimously to authorize the advertisement for a trailer for Precinct 3 and for moving services for offices moving away from the Courthouse. On motion by Commissioner Stasny, seconded by Commissioner Beard the Court voted unanimously to approve for payment the in- voice of Butler Construction Company for work completed at the Courthouse Annex and Tax Office. The Court next considered the following requests for Pro- posed Installation In County Right-Of-Way: (1) Seminole Pipeline Company for authorization to install a 4 inch pipeline in the right-of-way of Greens Praire Road in Precinct 1. o ' (2) Producers Gas Company for authorization to in- stall a 4 inch natural gas pipeline in the right- of-way-of Barron-Road in Precinct 1. On motion by Commissioner Wilcox, seconded by Commissioner Stasny, the Court voted unanimously to grant the request and authorize the installation subject to a representative of Seminole Pipeline Company signing the proper form. A copy of requests are on file in the Commissioners' Office. i 1 i i 1 4 ~ E I 4 . s 4 rfi , i r f r ' I f r I G ' 4 `{a F The next matter to come before the Court was request by Billy Beard, Commissioner of Precinct 3, for authorization to issue a Time Warrant to the First National Bank of Bryan in the amount of $36,520.01. This being the balance owed on a Time Warrant authorized by the Court on June 8, 1981, in the original. amount of $54,850 for the purpose of purchasing/paying for a truck tractor with trailer. After discussion and on motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to grant the request and authorized the iss- uance of the Warrant, with monies to be paid by Precinct 3. On motion by Commissioner Cooley, seconded by Commissioner Stasny the Court voted unanimously to approve Change In Status of Employees as submitted: Patricia Ann Hinson District Clerk's Office Michael D. Kirk Sheriff's Department Harold Smith Precinct 1 Rissie Anderson Court Administrator's Office Doug Groves Brazos Center Jeffrey Kuhl Brazos Center Judy Ann Hill Brazos Center Ben Vogler Brazos Center 'Gary Belk Brazos Center Macon Whiteley Sheriff's Department Rhonda Kay Yeager Sheriff's Department Joseph Larry Johnson Sheriff's Department James Edward Lumpkin Sheriff's Department Kenneth Roy Camp Sheriff's Department Leticia D. Wilkerson Sheriff's Department Gladys Kay Curnutt District Clerk's Office Patricia Hinson Tax Office John H. Becker Road & Bridge Precinct 3 Robin Brown District Attorney's Office Betty Waddell District Attorney's Office Travis B. Bryan, III District Attorney The Court next considered the following claims submitted by the Treasurer for payment: General Fund Claims 1 through 139 Capital Projects & Improvement Fund-Prop II - Claims 1 T.Y.C. Fund Claims 1 through 4 Shop Fund Claims 1 through 11 Precinct 1 Claims 1 through 13 Precinct 2 Claims 1 through 15 Precinct 3 Claims 1 through 17 Precinct 4 Claims 1 through 7 On motion by Commissioner Wilcox, seconded by Commissioner Beard the Court voted unanimously to pay the claims as submitted. v~ V0LZPAGE On motion by Commissioner Stasny, seconded by Commissioner Wilcox the Court voted unanimously to approve the increase of $50,000 in the Bond of the Tax Assessor Collector. The Court next discussed the purchase order issued to Electronics Unlimited on February 10, 1981, in the amount of $2,001 for equipment to be installed in the Jail. After dis- cussion of the reason for the increase in the cost of the equip- ment, Commissioner Beard moved to approve the additional amount of $960. making the total amount of the purchase order $2,961.00. The motion was seconded by Commissioner Cooley and carried un- animously. i i i I The Court next considered a request from the District Attor- ney asking that the four Assistant District Attorneys be paid a monthly car allowance in the amount of $50.00 each. After dis- cussion, and on motion by Commissioner Beard seconded by Comm- issioner Cooley, the Court unanimously voted to authorize the car allowance for the four Assistants and to amend the Budget accord- ingly. , •1 , .I 1 a i The Court received, considered and approved the following reports from County and Precinct Officers showing official fees of office collected and remitted to the County Treasurer according to duplicate copies of the Treasurer's Official receipts attached thereto. There being no further business, the Court adjourned. ,V6_LjEPAGE_*1"Q"AT % ,1- 1 \\J. -J{ qty rf f i i 4 I OFFICERS' REPORTS FOR DECEMBER 1981 FRANK BORISKIE, COUNTY CLERK: Fees $23,087.00 County Judge's Fees--------------------------- 515.50 County Attorney's Fees------------------------ 1,886.00 Sheriff's Fees-------------------------------- 1,097.00 Sanitary Disposal----------------------------- 785.00 Fines----------------------------------------- 8,400.00 Criminal Justice Fees ---45-------------------- 535.00 Law Enforcement Education Fund---------------- 58.00 Victim of Crime Fund-------------------------- 530.00 TOTAL COUNTY CLERK'S FEES $37,171.00 W. D. BURLEY, DISTRICT CLERK: Fees $ 5,552.17 Sheriff's Fees-------------------------------- 2,178.50 Sheriff's Jury Fees--------------------------- 535.00 District Attorney's Fees---------------------- 581,00 Fines----------------------------------------- 2,600.00 Trial and Jury Fees--------------------------- 60.00 Law Library Fees------------------------------ 802.50 Criminal Justice Fees---3--------------------- 160.00 Law Enforcement Education Fund---------------- 9.00 Victim of Crime Fund-------------------------- 120.00 TOTAL DISTRICT CLERK'S FEES $12,598.17 u s I r r• f .r BOBBY H. YEAGER, SHERIFF'S FEES--------------------$ 8,05900 License and Weight Fees----------------------- 4,260.00 E. A. WENTRCEK, JR., JUVENILE PROBATION OFFICER FEES: 41.00 DAN RICHARD BETO, ADULT PROBATION OFFICER FEES: $ 308.00 B. H. DEWEY, JUSTICE OF PEACE, PRECINCT 4,PLACE 1: Constable Fees--------------------------------$ 440.00 Small Claims' Fees---------------------------- 9.00 Civil Fees------------------------------------ 112.00 Miscellaneous--------------------------------- 4.00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1--------$ 565.00 CAROLYN M. HENSARLING, JUSTICE OF PEACE, PRECINCT 4, PLACE 1: Fines $25,663.10 Sheriff's Fees-------------------------------- 7.00 Criminal Justice Fees---543------------------- 3,307.50 Law Enforcement Education Fund---------------- 687.00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2--------$29,664,60 MICHAEL B. CALLIHAM, JUSTICE OF PEACE, PCT.7,PLACE 1: Fines $ 938.50 Constable Fees 781.50 Small Claims Fees 6.00 Civil Fees--------,---------------------------- 119.00 Miscellaneous--------------------------------- 9.00 Criminal Justice Fees--74--------------------- 95.00 Law Enforcement Education Fund---------------- 38.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 1--------$ 1,987.00 A. P. BOYETTE, JR., JUSTICE OF PEACE, PCT.7,PLACE 2: Fines-----------------------------------------$ 7,932.50 Criminal Justice Fees---209------------------- 1,305.00 Law Enforcement Education Fund---------------- 275.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2 $ 9,512.50 BRAZOS CENTER FEES $ 5,408.27 JEFFERY BROWN, COUNTY ATTORNEY: Hot Check Fees--------------------------------$ 2,765.00 TRAVIS B. BRYAN III, DISTRICT ATTORNEY: Hot Check Fees--------------------------------$ 240.00 VO►.LPAGV-±Z-9' 1 The foregoing minutes have been examined and approved in open Court this the _1~t~R y day of 19_jQ; in Bryan, Brazos County, Texas. M Jx, A o mgre Co my Judge Zz Waiter Wilcox Commissioner, Precinct 2 A, tkaszn~ey C~mmissioner , P cin ct 4 Bill J. O Commis ' ner, Precinct 1 3. y Beard Commis "oner, Precinct 3 Frank Boriski County Clerk I VO PAGE ,t ,l 14 tj E i RESOLUTION NO. RESOLUTION MAKING A FINDING AND DETERMINATION OF PUBLIC INTEREST, AUTHORIZING AND APPROVING CREATION OF A HEALTH FACILITIES DEVELOPMENT CORPORATION, APPROVING ARTICLES OF INCORPORATION FOR SUCH CORPORATION, APPOINTING INITIAL DIRECTORS OF SUCH CORPORATION, ALL PURSUANT TO THE HEALTH FACILITIES DEVELOPMENT ACT, SENATE BILL 766, ACTS OF THE 67TH LEGISLATURE, REGULAR SESSION, 1981 WHEREAS, the health and general welfare of the inhabi- tants of this county require the acquisition, construction and financing of health care, research and education facilities to provide health care to the increasing populace of this County, to replace obsolete health facilities, and to make use of advances in medical technology; WHEREAS, it is in the best interest of the inhabitants of this county that such health facilities be acquired, con- structed and financed at the least possible cost so as to minimize the cost of health care to such inhabitants; WHEREAS, the Health Facilities Development Act, Senate Bill 766, Acts of the 67th Legislature, Regular Session, 1981, authorizes the creation by this County of nonmember, nonstock, nonprofit public benefit corporations for the sole purpose of acquirin„ construction, providing, improving, financing and refinancing health facilities, as defined in such Act, in order to assist the maintenance of the public health, with powers, among others, to issue bonds and otherwise borrow money at tax- exempt interest rates to the extent permitted by the Internal Revenue Code of 1954, as amended, and to loan such money to providers of health care service in order to finance the acqui- sition, construction and improvement of facilities found by the boards of directors of such corporations to be required, neces- sary or convenient for health care, research and education, any one or more; WHEREAS, the Health Facilities Development Act empowers the Commissioner's Court of this County to approve articles of incorporation, bylaws, and amendments to either of them for such corporations, to appoint the directors of such corporations, and, in the sole discretion of such Commissioner's Court, to alter the structure, organization, programs or activities of such corporations at any time, subject only to any limitation 7VWL, 2! i provided by the constitution and laws of the State of Texas and of the United States relating to the impairment of contracts entered into by such corporations; WHEREAS, the Health Facilities Development Act provides for health facilities purchased or owned by such corporation to be assessed for ad valorem tax purposes to the private user, and to be subject to a sales and use tax to such private user and to the same extent as if purchased by such user directly, and there- fore no loss of tax revenues to this County or the State of Texas will result from creation of such corporation.by this County or from any of its activities; WHEREAS, any bonds issued by such a corporation shall not constitute obligations of the State of Texas, this County or any other political subdivision or agency of this State or pledge of the faith and credit of any of them; all such bonds must contain on their face a statement to such effect; and no such corporation is authorized to incur financial obligations under the Health Facilities Development Act unless payable solely from the proceeds of bonds, revenues derived from the lease or sale of a health facility or realized from a loan made by such a corporation to finance or refinance~in whole or in part a health facility, revenues derived from operating a health fa- cility or any other revenues as may be provided by a user of a health facility, any one or more; and WHEREAS, upon dissolution of such corporation, the title to all funds and property then owned by such corporation shall, under the Health Facilities Development Act, automatically vest in this County without further conveyance, transfer or act of any kind whatsoever; 1 1 NOW, THEREFORE, THE COM1MISSIONER'S COURT OF BRAZOS COUNTY, TEXAS HEREBY FINDS, DETERMINES AND RESOLVES THAT it is in the public interest and to the benefit of the residents of Brazos County, Texas and the citizens of this State that a health fa- cilities development corporation be created under the Health Facilities Development Act to promote and develop new, expanded or improved health facilities, being any real, personal or mixed -property, or any interest therein, the financing, refinancing, acquiring, providing, constructing, enlarging, remodeling, renovating, improving, furnishing, or equipping of which is found by the board of directors of such corporation to be re- quired, necessary or convenient for health care, research and education, any one or more, within this State, all in order to assist the maintenance of the public health and the public welfare; and =VG~PAGE~ V 1 k F. BE IT THEREFORE RESOLVED BY THE COMMISSIONER'S COURT OF BRAZOS COUNTY, TEXAS THAT: Section 1. Creation of a health facilities development corporation on behalf of Brazos County, Texas, with the powers set forth in the Health Facilities Development Act, to be named BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION, is hereby authorized and approved. Section 2. Articles of Incorporation for such corpo- ration in the form and to the effect attached hereto as Exhibit "A", which Exhibit is incorporated herein by reference and made a part hereof for all purposes to the same extent as if set forth herein in full, are hereby approved. Section 3. The persons named in Article 8 of such Articles of Incorporation are hereby appointed as initial directors of such corporation. Section 4. All orders, resolutions and parts thereof adopted by this Commissioner's Court in conflict herewith are hereby expressly repealed to the extent of any such conflict. Section S. If any section, provision, sentence, clause, phrase or word hereof or the application of the same to any person or circumstance is for any reason held to be unconsti- tutional, illegal or otherwise void or invalid, the validity of the remaining portions hereof and their application to other persons and circumstances shall nonetheless remain effective, it being the intent of this Commissioner's Court in adopting this Resolution that no portion or application hereby shall be inoperative or fail by reason of any unconstitutionality, il- legality, or other invalidity of any other portion or applica- tion hereof; and all provisions hereof are hereby declared to severable for such purpose. Section 6. This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED this elk, day of January, 1982. County Judge I V0L/,PAGE_'2W } i• i f i i I I r C0mmiss' er, Precinct Commissioner, Precinct 2 Commis01oner, Precinct 3 Commissioner, Precinc 4 ' d . I ~ I i I I i i i i I ' i I .f i ' i S ~ ' THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL ~ S COUNTY FOR YEAR t q R 7 FOR BRAZOS - A"L'iENDINC 'THE BUDGET ' „ ! { ' ` o ~ Jan. . 19 82. at a Regular session of; On this the 1l.th day of , - _ , Commissioners Court•,the following members were present: R. J:"Holmgreen County Judge Bill J. Cooley Commissioner Prect. Al Walter Wilcox Commissioner Prect. 02 Billy E. Beard Commissioner Prect. 03 W. A. Stasny Commissioner Prect. 04 t Frank Boriskie Countv Clerk The following proceedings were had: THAT MIEREAS, on Dc-c t-mh,-r 19_a2_ the court heard and approved • a budget amendment for the year I-982 for Brazos County. VHEREAS. an emergency expenditure is necessary. due to grave public necessi ty to meet unusual and unforseen conditions which could not be reasonably inc luded in the original budget for 1982 adopted ~c • 8~ U81 5 th(, rollowing amendment(s) to the original are hereb1 auth orize0: Increase (Oecreatiel Department Reason Amount Road & Bridge-Pct. 2 To accomodate the Pmt. 20-42-6220- Equipment of Note. $37.838.67 (6.281.33) Time Warrants ' 20-42-7120-Payable $ 5,983.00 _ 5.98,3.OD 20-42-7121-Interest $ 298.33 S 298.33 hisrict-Atorney car AMw3]iCr~-PbY---+ 10-22-5527 4 Asst. D.A. $ 3,600 $2,400.00 THE Co NTY OF BRAZOS - BY L r " Lac ' CO TY JUDCE FOR THE COMMISSIONERS COURT j: i - Original to - County Clerk's office to be attached to the adopted budget Copv to - County Auditors Office •r . S. 4_i. n. wrt4~ VpPAGE 4047,