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Home My WebLink About1982-03-08-1000AM-RegularS t =-11 - 74 1 COMMISSIONERS' COURT REGULAR MEETING MARCH 8, 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, March 8, 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: D. D. Williamson Dept.of Hwys.& Public Trans, Rita J. Villarreal Juvenile Probation Leonard Millsap Candidate - Precinct 4 Donald Garrett Garrett Engineering Dan German Juvenile Probation Arnold Dittfurth Auditor's Office Jaon Boson Juvenile Probation E. A. Wentrcek, Jr, Juvenile Probation Van Kinerd Auditor's Office Tammy Pardi KAGC B. V. Elkins County Treasurer Dona Love Juvenile Probation Susan Wright Juvenile Probation Linda Ricketson Juvenile Probation Donna Wright Juvenile Probation Janet McNutt Juvenile Probation Kathryn Currie Juvenile Probation Marlene Muse League of Women Voters Buddy Winn Tax Assessor Collector Betty Miller Candidate - Precinct 4 Barbi Tomlin WTAW Martin Riley Riley Engineering Company Jann Snell Eagle The Court received, approved and ordered filed as sub- mitted the following reports for March, 1982: W. T. Sistrunk, County Extension Agent; Mike McKinney, County Extension Agent; Dale A. Fritz,. County Extension Agent; Mable Walker, County Extension Agent; Wanda L. Pope, County Extension Agent. 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: i I i i I I VOt2_9PAGE~-~ I 1--" OFFICERS' REPORTS FOR FEBRUARY FRANK BORISKIE, COUNTY CLERK: Fees $22,840.25 County Judge's Fees------------------------------- 333.50 County Attorney's Fees---------------------------- 2,897.50 Sheriff's Fees------------------------------------ 1,532.25 Sanitary Disposal--------------------------------- 585.00 Fines--------------------------------------------- 15,460.00 Criminal Justice Fees--(45) 645.00 Law Enforcement Education Fund-------------------- 66.00 Victim of Crime Fund------------------------------ 630.00 TOTAL COUNTY CLERK'S FEES $44,989.50 W. D. BURLEY, DISTRICT CLERK: Fees $ 4,885.01 Sheriff's Fees------------------------------------ 1,552.00 Sheriff's Jury Fees------------------------------- 460.00 District Attorney's Fees-------------------------- 190.00 Fines--------------------------------------------- 370.00 Trial and Jury Fees------------------------------- 50.00 Law Library Fees---------------------------------- 690.00 Criminal Justice Fees--(3) 100.00 Law Enforcement Education Fund-------------------- 6.00 Victim of Crime Fund------------------------------ 90.00 TOTAL DISTRICT CLERK'S FEES---------------------------- $8,313.86 BOBBY H. YEAGER, SHERIFF'S FEES------------------------ $5,364.50 E. A. WENTRCEK, JR., JUVENILE PROBATION OFFICER FEES--- $ 95.00 DAN RICHARD BETO, ADULT PROBATION OFFICER FEES--------- -0- B. H. DEWEY, JUSTICE OF PEACE, PRECINCT 4, PLACE 1: Constable Fees 415.00 Fines--------------------------------------------- -A- Small Claims' Fees-------------------------------- 12.00 Civil Fees---------------------------------------- 105.00 Miscellaneous Fees-------------------------------- 1.00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1------------ $ 533.00 CAROLYN M. HENSARLING, JUSTICE OF PEACE, PRECINCT 4,PLACE 2: Fines--------------------------------------------- $21,397.00 Sheriff's Fees------------------------------------ 70.00 Criminal Justice Fees----------------------------- 2,707.50 Law Enforcement Education Fund-------------------- 557.00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2------------ $24,731.50 I 1 MICHAEL B. CALLIHAM, JUSTICE OF PEACE, PRECINCT 7,PLACE 1: Fines---------------------------------------------- Constable Fees------------------------------------- Small Claims Fees---------------------------------- Civil Fees Miscellaneous Criminal Justice Fees--(74) Law Enforcement Education Fund--------------------- TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 1------------- .A. P. BOYETTE, JR.,JUSTICE OF PEACE, PRECINCT 7,PLACE 2: Fines $ 5,488.00 Criminal Justice Fees--(209) 1,015.00 Law Enforcement Education Fund--------------------- 213.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2-------------$ 7,072.00 BRAZOS CENTER FEES--------------------------------------$ 6,538.43 SAM FACHORN, CONSTABLE PRECINCT 5-----------------------$ 77.00 1 ,i i i, y \k f JEFF BROWN, COUNTY ATTORNEY (liot Check Fees) $ 4,105.00 i TRAVIS BRYAN,III-DIST.ATTY.(Hot Check Fund) $ 415.00 i . I • I l I i The County Judge opened the meeting and turned the meeting over to Ernie Wentreck, Chief Juvenile Probation Officer to pre- sent an award to the Employee Of The Year in the Juvenile Proba- tion Department. After explaining the method used for the selec- tion of the employee Mr. Wentrecek announced the employee of the year to be Susan Wright and presented her with the award. On motion by Commissioner Wilcox, seconded by Commissioner Beard, the Court unanimously approved the Minutes of the Comm- issioners' Court meetings held November 23, 25, December 14, 21, 1982, without change. 1 On motion by Commissioner Beard, seconded by Commissioner Stasny the Court voted unanimously to approve an amendment to the District Attorney's Budget, being a reallocation of funds to accomodate the payment for out of county travel and an amend- ment to the County Court-At-Law Budget to appropriate funds for a part time Court Baliff. A copy of such amendment is attached hereto. On motion by Commissioner Cooley, seconded by Commissioner Beard the Court voted unanimously to authorize the County Judge to execute a contract with the Retired Senior Volunteer Program for volunteer services, a copy of which is attached hereto. Next t67be considered was a Construction and Maintenance Agreement for Bridge Replacement or Rehabilitation off the State System for the bridge across Wickson Creek on Dilly Shaw Tap Road. The Court was advised that the County's 20% of the cost would be approximately $35,000. After discussion Commissioner Wilcox moved to authorize the County Judge to enter into such agreement with monies to be paid out of the State Lateral Road Fund, or as a last resort out of the Road and Bridge Precinct 2 I ' budget. The motion was seconded by Commissioner Beard and carried i unanimously. I' t I VO PAGE r ~I i =l Next to be considered were bids for 36 sets of ballot boxes 1 and 36 ballot transfer cases. The County Judge announced the following bids were received: Sargent Sowell, Inc. - $2,889.00 W. S. Darling & Company - $3,056.40 Texas Voting Systems, Inc. - $4,188.96 On recommendation and motion by Commissioner Beard, seconded by Commissioner Wilcox, the Court voted unanimously to award the bid to Sargent Sowel, Inc. and to amend the budget to cover the cost. The Court proceeded to consider the following Plats: 1. Replat of a 2 acre tract known as Tract 3, Block 7, BRAZOS INDUSTRIAL PARK, PHASE III in Precinct 4. After discussion and on motion by Commissioner Stasny, seconded by Commissioner Cooley, the Court voted unanimously to approve the Plat as submitted. .2. Replat of Lot 2, Block 1 in EAST BRAZOS INDUSTRIAL PARK, PHASE I, in Precinct 2. On motion by Comm- issioner Wilcox, seconded by Commissioner Cooley, the Court voted unanimously to approve the Plat as submitted, and to grant a variance of the Subdivision Regulations covering signatures of property owners in a replat. On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to approve Change in Status for the following employees: Danny James Brazos County - Pct.3 Carl Grimes Brazos County - Pct.3 Rameriz Enrique Building and Yards John D. Lattimore Health Department Ursula Idlebird Health Department Cathy Lee Schulte Health Department Haskell Lunsford \ Constable - Pct.4 James M. Lynch Constable - Pct.4 Billie Jean Ross Tax Office Elizabeth Stanford Tax Office Walter Hanks Building and Yards Nettie Lewis Building and Yards James Johnson Building and Yards Raymond Carrie Building and Yards Raul Hernandez Building and Yards Jeffrey Kuhl Brazos Center Ricky Dobbs Brazos Center Roger Moore Brazos Center The Court next considered a request from James C. Lawson for a refund of $297.02 for overpayment of taxes on 12.03 acres in the R. Perry Survey, Abst. 44. Mr. Lawson was assessed for!land..and ( s, 7 ' C• n• t 1 ' c• ~i 1 •r. 1 ' { f V , t.,+:• a, J ter, 1• , i J^ I~ f I improvements which he did not own for the years 1979, 1980, and 1981 in error. On motion by Commissioner Cooley, seconded by ' Commissioner Beard the Court voted unanimously to grant the re- quest and authorize the County Treasurer to make the refund. The Court next considered the following Claims as submitted by the County Treasurer for payment: General Fund Claims 592 through 851 excepting 619; Revenue Sharing Claims 11 through 12 Capital Projects & Improvement Fund-Prop.II Claims 4 through 5 Claims 13 through 14 T.Y.C. Fund Claims 9 Road and Bridge (Shop) Claims 45 through 61 Precinct 1 Claims 44 through 52 Precinct 2 Claims 43 through 54 Precinct 3 Claims 50 through 64 Precinct 4 Claims 32 through 45 On motion by Commissioner Stasny, seconded by Commissioner Cooley, the Court voted unanimously to approve the Claims as submitted. The meeting was recessed until 1:30 P.M. 1:30 P.M. The Court reconvened at 1:30 P.M. for the purpose of holding a Public Hearing on the re-routing of a portion of Dowling Road in Precinct 1, 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; The County Judge opened the meeting and asked for comments from the audience regarding the re-routing of a portion of Dowling Road. Receiving no comments the Court proceeded to consider a proposed 60 foot right-of-way dedication plat for a portion of DOWLING ROAD. After considerable discussion Commissiioner Cooley moved to approve the plat and to authorize the County Judge to sign a deed transferring the abandoned right-of-way of Dowling Road to Joseph S. Osobo, et al, and to accept a Quit Claim Deed for the I & GN Property from Dowling Road to North Graham Road, d o~pAcesr J 'i i J such property to be used for road purposes. The motion was seconded by Commissioner Beard with Commissioners Beard, Cooley and the County Judge voting "AYE". Commissioner Wilcox voted "NO" whereupon the County Judge announced the motion carried. The Court next considered a request from Producers Gas Company for authorization to cross Greens Prairie Road in Precinct 1 with two (2) eight inch (8"), one (1) six inch (6") and one (1) two inch (2") pipelines. On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unanimously to approve the request and to authorize the installation and to deposit the $500 crossing fee to the Road and Bridge No. II, Precinct 1 account. On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unanimously to authorize the County Judge to write a letter to the Department of Highways and Public Trans- portation requesting that the main Carters Creek Bridge on Bird Pond Road be considered for funding under the Federal Aid Off Systems Replacement and Rehabilition Program. On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court voted unanimously to authorize the County Judge to petition the Department of Highways and Public Transportation for funds for a new Farm To Market Road from State Highway 30 to FM 154 or a portion thereof, provided the right-of-way could be furnished by Precinct 1 and 3. There being no further business, the Court adjourned. V014GE~~ 1 a i I t 1 I r, r .l .i , .I 1 L. i r~ r'. i~ t i' t~ r The foregoing minutes have been examined and approved in open Court this the day of 19_ ~in Bryan, Brazos County, Texas R. J. I VIM-green Bill o ey County Judge Commiss er, Precinct 1 i - 10, W-4 Walter Wilcox Commissioner, Precinct 2 W. A. Stasny Commissioner, Preci ct 4 -.XC-. Bi y E Bear Commi over, Pr Ftank Boriskie County Clerk vo ePAcIEecinct 3 1\ l CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STA'T'E SYSTEM t f \ 1 THIS AGREEMENT, made this 8th day of March , 1932L, by and between the State Department of Pighways and Public Transportation, Party of the First Part, hereinafter called the "Department", and Brazos County , a local government, or governmental agency or entity, Party of t e Second Part, hereinafter called the "Governmental Agency" acting by and through its County Judge and by virute of the authority shown on Exhibit A attache hereto and made a part hereof. W I T N E S S E T H WHEREAS, the Governmental Agency is owner of a bridge located on a public road or street within its jurisdiction at Wickson Creek Bridge on County Road No. 139, 3.8 Miles southwest of FM 2038 ; and WHEREAS, under Title 23, United States Code as amended by the Surface Transportation Act of 1978, a program entitled 1979-82 (Part B) Federal-Aid Off-System Bridge Replacement and Rehabilitation Program has been approved by the State Department of Highways and Public Transportation Commission and said bridge is included in this program; and N, WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: t S a ka 1. The Governmental Agency hereby authorizes the Department or its contracted consultant and Department's contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to-perform surveys, inspection, construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense,' the necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to location and type of installation in accordance 9 VOL _ PAGE=~ a t . 1 with requirements of the Department. 3. The Governmental Agency agrees to provide 208 of the actual construction cost of the bridge replacement or rehabilitation project including preliminary engineering and construction engineering and agrees to acquire at its expense any additional right of way, if required. Forty-five days prior to the date scheduled for the contract letting the Governmental Agency agrees to pay to the State, by check made payable to State Treasure Account Trust Fund No. 927 an escrow amount equal to 208 of the estimated cost of the project including preliminary engineering. After the project is completed the actual cost will be determined by the Department based on its standard accounting procedures, and 208 of the actual cost will be the amount due by the Governmental Agency. Any excess over this amount previously paid will be reimbursed to the Governmental Agency, and any difference due the Department will be paid by the Governmental Agency within 30 days upon receipt of a certified statement. 4. The Department will prepare or provide for the con- struction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others. It is mutually agreed that as the project is developed to the construction stage, both parties shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made a part hereof. 5. In the event the terms of this agreement are in conflict with the provisions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements and/or contracts. 6. Upon completion of the project the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public without charge. 7. The Governmental Agency agrees to indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attributed to the project. VoL,-).PPA(;IE 'i f i i IN TESTIMONY WHEREOF, the parties hereto have caused these present to be executed in duplicate on the day above stated. PARTY OF THE SECOND PART PARTY OF THE FIRST PART t. Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or B RAZ OS COUNTY work programs heretofore approved Name of Governmental Agency and authorized by the State Highway and Public Transportation Commission: By : I By: Assistant Engineer-Director Executed and approved for State COUNTY JUDGE Highway and Public Transportation Title of Executing Official Commission under authority of Commission Minute Order No.78501 dated July 20, 1981. ATTEST : RECOMMENDED FOR APPROVAL: COUDTmY CLERK Tit1e District Engineer Chi Engineer of Highway Design Bridge Engineer 1 i 1 , 4.' jCONTRACT FOR VOLUNTEER SERVICE Brazos County. Texas hereinafter referred to as Volunteer Station, and the Retired Senior Volunteer Program of Brazos County Community Council, hrerinafter referred to as RSVP for the convenants and consideration here- in expressed, mutually agree to the following terms and cnnd.itinns, ' I The Volunteer Station agrees to pay the total sum of 02,000.00 to RSVP in semi-annual payments, the second semi-annual payment of X61,000.00 will be due six (6) months after the first payment. All payments will be pay- able to Retired Senior Volunteer Program and mailed to their current ad- dress. II RSVP agrees to provide the services of its program to the Volunteer Station. There is not established any definite program of assignments. But, the number of volunteers and assignments can be changed through- out the term.of this contract by agreement of all parties. RSVP does agree to make every effort to arrange for the number of volunteers and assignments requested by Volunteer Station. The following are examples of volunteer assignments which are being performed or contemplated at the time of this agreement: A. Volunteer Nutrition intake person for County Health Unit Well-Baby Clinic. B. Volunteer assistant to help adult probationers with income tax filing in Adult Probation Department. C. Such other services as may be agreed upon during the contract period. III The term of this contract will be January 1, 1982 to December 31, 1982. IV .Any invention or literary or artistic production arising out of an assignment shall be the exclusive property of the Volunteer Station, and the Volunteer Station shall have the right to produce additional copies and distribute to the general public. Volunteer Station may con- sent to other uses by the Volunteer. V Volunteer shall comply with all of the rules and standards exercised by the employees in the department to which she or he is assigned. 7 , V®L,00~7 PAGEr VI in. VII y The Volunteers will not receive any pay from the Volunteer Station for their services, and they will not be considered an employe:. The Volun- , teers will not replace any employee and this service will he' cons idere d as a voluntary contribution to the beeterment of tho cc,miniinit.y and the public purposes of the county. VIII Since the Volunteer is not a party to this agreement, Volunteer Station may require Volunteers who except service to sign other instruments set- ting forth other terms and conditions between the Volunteer and the Volun- teer Station to amend or rescind this contract by mutual agreement. The County Judge or-his delegate shall have the authority to represent the Volunteer Station and to make whatever further agreements are neces- sary to administer and effectuate the terms and conditions set forth here- IN WITNESS WHEREOF, the parties to this Agreement have set their hands this day of March, 1982 BRAZOS COUNTY COMMUNITY COUNCIL BY: President RETIRED SENIOR VOLUNTEER PROGRAM BY: Chairman of Advisory Council BY: Director BRAZOS COUNTY, TEXAS BY: Z 4 Cou ty u ge ;AT E i ounty C erk Vot.~PAGEs'E9 . " f j. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT FOR THE 1982 BUDGET YEAR On this the 8th day of March , 19 82, at a regular session of Comma sioners Court the o owing members were present: R. J. HOLMGREEN County Judge BILL J. COOLEY 5 , Commissioner, Precinct 1 i WALTER WILCOX Commissioner, Precinct 2 BILLY E. BEARD Commissioner, Precinct 3 I W. A. STASNY , Commissioner, Precinct 4 The following proceedings were held: r.' r i c R 1 i 4 P r f. ;P fl THAT,WHEREAS, on March 8 , 19 82 the Court heard and approved I a budget amendment or the 1982 Bu get year for Brazos County, Texas. WHEREAS, an emergency expenditure is necessary, due to grave public necessity to meet unusual and unforseen conditions which could not be I reasonably included in the original budget adopted December 8, 1981 ' the following amendement(s) to the original are hereby authorized: Increase Account No. Department Reason Amount (Decrease) 10-22-5415 District Gas,Oil&Lub. Attorney $1,200 ($1,200) 10-22-5530 District NO rave ow. Travel&Exp. Attorney Budgeted 1,200 1,200 Co. Court- New Baliff At-Law Employment $5,125 5,125 ' 10-15-5121 Soc. Sec. 4,060 340 10-15-512 W/Comp. 105 10 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BY: , COUNTY JUDGE _160_,, original - County Clerk's Office to be attached to original budget copy County Auditor's Office Copy - Commissioners' Court minutes VoL PAGW `CONTRACT FOR VOLUNTEER SERVICE Brazos County. Texas hereinafter referred to as Volunteer Station, and the Retired Senior Volunteer Program of Brazos County Community Council, hrerinafter referred to as RSVP for the convenants and consideration here- in expressed, mutually agree to the following terms and cnnditinns. I The Volunteer Station agrees to pay the total sum of 52,000.00 -.o R:;VP in semi-annual payments, the second semi-annual payment of $1,000.00 wil]. be due six (6) months after the first payment. All payments will be pay- able to Retired Senior Volunteer Program and mailed to their current ad- dress. II RSVP agrees to provide the services of its program to the Volunteer Station. There is not established any definite program of assignments. But, the number of volunteers and assignments can be changed through- out the term.of this contract by agreement of all parties. RSVP does agree to make every effort to arrange for the number of volunteers and assignments requested by Volunteer Station. The following are examples of volunteer assignments which are being performed or contemplated at the time of this agreement: A. Volunteer Nutrition intake person for County Health Unit Well-Baby Clinic. B. Volunteer assistant to help adult probationers with income tax filing in Adult Probation Department. C. Such other services as may be agreed upon during the contract period. .1 1 i i r III The term of this contract will be January 1, 1982 to December 31, 1982. IV I Any invention or literary or artistic production arising out of an assignment shall be the exclusive property of the Volunteer Station, and the Volunteer Station shall have the right to produce additional d copies and distribute to the general public. Volunteer Station may con- sent to other uses by the Volunteer. Ii V Volunteer shall comply with all of the rules•and standards exercised by the employees in the department to which she or he is assigned. n i 1I~ ®eiA / .~I I,I f; s i f' i• IN WITNESS WHEREOF, the parties to this Agreement have set their hands this = day of March, 1982 BRAZOS i~Ay- MUN COU CIL BY: •Pre i ent Y The County Judge or-his delegate shall have the authority to represent the Volunteer Station and to make whatever further agreements are neces- sary to administer and effectuate the terms and conditions set forth here- n. VII The Volunteers will not receive any pay from the Volunteer Station for their services, and they will not be considered an employer:. The Volun- teers will not replace any employee and this service will he'considered no a vnluntary contribution to the beeterment of the: cnmmLinity and the public purposes of the county. i VIII Since the Volunteer is not a party to this agreement, Volunteer Station may require Volunteers who except service to sign other instruments set- ting forth other terms and conditions between the Volunteer and the Volun- teer Station to amend or rescind this contract by mutual agreement. RETIRE S IOR V L TEER PROGRAM ~11 'airman of Advi ry Council `sc~~c.~ ,cam. BY: Director BRAZOS COUNTY, TEXAS BY: Cou ty udge AT "County- C erk r - _I d. VOLf PACE