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HomeMy WebLinkAbout1989-06-19-1000AM-Specialon Jul1 15 i!i111 ~ I7 BR.AZOS COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING MONDAY, JUNE 19, 1989, 10:00 A.M. } 1. Invocation. 2. Pledge of Allegiance. 3. Reconsider and take action on the approval of the minutes of the Commissioners Court meeting held May 8: 1989. 4. Consider and take action on order appointing James A. Amis, Jr. to sit as Special Judge for County Court At Law No. 1. 5. Consider and take action on Lease Agreement between Brazos County and the Brazos Valley Farmers Market Association. 6. Consider and take action on application for tax refund from Texas A & M Research Foundation. 7. Consider and take action on personnel change of status. 8 Consider and take action on payment of claims. 9. Executive Session-to discuss personnel 6252-17(2)(8). 10. Consider and take action on Executive Session. 11. Adjourn, • I 4 s ' a • ~3 VO PAG COMMISSIONERS' COURT SPECIAL MEETING JUNE 19, 1989 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioneis' Courtroom , i in the , Courthouse in Bryan, Brazos County, Texas beginning at 10:00 11a.m. on Monday, June 19, 1989, with the following members of the ' j Court present: R. J. Holmgreen, County Judge, Absent; Gary Norton, Commissioner of Precinct 1; I Walter Wilcox, Commissioner of Precinct 2, Presiding; Randy Sims, Commissioner of Precinct 3; I j Milton Turner, Commissional of Precinct 4, Absent; Frank Boriskie, County Clerk. ~I The following citizens and officials were in attendance: I ;j Ruth McLeod Administrative Assistant !I Carol Palmer Admin. Asst, to County Judge Bea Green Secretary to Commissioners i~ Rosalie Todaro Auditor's Office A. H. Winder County Engineer I 1 Sandie Walker Treasurer I Jim Mazurkiewicz Co. Extension Agent i! Monty Dozier Jake Strickland ~I Jim Kuboviak Louis Garcia, Jr. Ernie Wentrcek iJ1 Elizabeth Sharp Ii Alice Brown Kathy Young Sherylon Carroll Willie Pruitt Jeff A. Finney I) Shawn Riley III Philli Sulak +o► Co. Extension Agent 4-H CEA Intern Co. Attorney Constable Pct. 4 Juvenile Services Bryan/College Station Eagle KBTX-TV KBTX-TV WTAW-KTSR Radio Brazos County Resident TAMU Student Metro Insurance it p TAMU Student i Commissioner Sims gave the invocation and led the pledge of ,allegiance. II The Court next considered approval of the minutes of the (Commissioners' Court meeting held May 8, 1989. On motion by liCommissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the minutes as submitted. The Court next considered an order appointing James A. Ami s, Jr. to sit as Special Judge in County Court at Law I on June 23, 1989 to allow Judge Davis to attend a continuing legal [education seminar that day. On motion by Commissioner Norton, Iseconded by Commissioner Sims, the Court voted unanimously to approve the Order naming James A. Amis, Jr. as Special Judge for VCs L Y I!-__PAG E 'r • (Commissioners' Court meeting June 19, 1989 County Court at Law I for the day of June 23, 1989. A full copy of the Order is attached to and made a part of these minutes. The Court next considered renewal of a lease agreement between Brazos County and the Brazos Valley Farmers Market Association for rental of the parking lot of the Brazos County Extension Office, on 2619 Highway 21 West, every Saturday during 1 the months of May, June, July, August, September, October and Ij November, 1989 for the operation of a 'Farmers Market' within said space. On motion by Commissioner Sims, seconded by `Commissioner Wilcox, the Court voted unanimously to renew the I~ I lease agreement the period stated above. A copy of the lease 4 ,agreement is attached. ! On motion by Commissioner Turner, seconded by Commissioner` (Wilcox, the Court voted unanimously to refund to the Texas A&M j i I Research Foundation $1,193.21 in county taxes paid for 1988. The (property in question was granted a total exemption during the lApril Brazos County Appraisal District Review Board meeting due Ito their leased building having met the statutory requirements for a governmental exemption. The Court proceeded to consider the change of status of the I Ifollowing employees. NAME DEPARTMENT REASON Whitefield, Calvin Juvenile Serv. Resignation Jones, Albert Juvenile Serv. New Emp P/T Joiner, Saundra Tax Office New Emp P/T Wine, Charlsa Co. Attorney New Emp Temp Spradlin, Michael Sheriff Office Step Increase McLeod, Ruth County Judge Promotion On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the changes as submitted. VOL PAGlE it ,I Aft , . - I 1 I . ii Commissioners' Court meeting June 19, 1989 The Court next considered the following Claims as submitted 21 Boonville Cemetery----------Claims 135960 thru 135961 i 22 Road & Bridge II------------Claims 135962 thru 135986 30 Capital Projects & Improvements: Proposition I---------Claims 135987 thru 165993 ~II 40 'Law Library-----------------Claims 135994 thru 135995 li 54 Health Department-----------Claims 136007 thru 136017 60 Rayroll--------------------- Claims 136018 thru 136032 61 Health & Life Ins-----------Claims 136033 thru 136034 70 Indigent Health Care--------Claims 136035 thru 136063 Ij 90 Community Services Off------Claims 136064 thru 91 Juvenile Comm. Grant--------Claims 136065 thru 136066 li 92 Brazos Center Sp. Events----Claims 136067 thru 94 Victim Assistance Prog------ Claims 136068 thru 136076 96 Family Violence-------------Claims 136077 thru 136079 97 Narc. Traf. Task Force------Claims 136080 thru 136083 IJ On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as `submitted. Commissioner Norton informed those in attendance that ; I; the list of claims was posted on the board in the Commissioners ~ I 'Courtroom. i I Commissioner Sims announced that the first Adopt a Road I I ' sign would be unveiled at the Messina Hoff Winery at 10:00 a.m. on Wednesday June 21, 1989 and invited the members of the Court land the audience to attend. Commissioner Norton announced that the Fire Ant Program was .ivery successful having sold 3,600 pounds of ant poison. I~ Monty Dozier, County Extension Agent 4-H informed the Court `ithat the 4-H group had been recognized by Keep Texas Beautiful as I' the state winners in the Keep Texas Beautiful competition. The , ;group recycled Christmas trees by running the trees through a i lchipper which makes landscape chips. These were then donated to 11the cities for erosion control and park flower beds. ~I At 10:16 a.m. Commissioner Wilcox announced the meeting closed to the public so that the Court could meet in closed I~ by the County Treasurer for payment: 10 General Fund----------------Claims 135624 thru 135959 ii 20 Road & Bridge---------------Claims 136084 thru 136164 Ilexecutive session to discuss personnel. At 10:54 a.m. Commissioner Wilcox announced the meeting open I~ 1!to the public. On motion by Commissioner Norton, seconded by 11 Commissioner Sims, the Court voted unanimously to approve the PA- G ;L i Commissioners' Court meeting June 19, 1989 request of the Tax office and hire Marianne Gardner at a group step 2 level with no six month increase. I On motion by Commissioner Norton, seconded by Commission Wilcox, the Court voted unanimously to approve the request of t County Attorney to hire Irvin Price at a group 15 step 2 with Six month increase and with an effective hire date of June 1 1989. On motion by Commissioner Norton, seconded by Commission Wilcox, the Court voted unanimously to table consideration of t request of the Director of Juvenile Services to allow more ti to gather information. There being no further business to come before the Cour the meeting was adjourned. i 1 The foregoing minutes have been examined and approved in open Court this the ]I'd- day of , 190-, in Bryan, Brazos County, Texas. R J. Ho mgr en Gary N bn ounty Judge Commi oner, Precin t 1 ARSFNT Walter Wilcox an y S m Commissioner, Precinct 2 Commiss ner, Precinct 3 M won Turner rank B risk Commissioner, Precinct 4 County Clerk a VOL PAGE V-9-1 I , .i { IN THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS • I i i i On this the Ma. day of , 1989, the Commissioners Court of Brazos County, Texas, convened in Regular Session at the term of the Court, at the Brazos County Courthouse, in the City of Bryan, Texas, with the following members present, to-wit: R. J. Holmgreen, County Judge Gary Norton, County Commissioner, Precinct No. 1 Walter Wilcox, County Commissioner, Precinct No. 2 Randy Sims, County Commissioner, Precinct No. 3 Milton Turner, County Commissioner, Precinct No. 4 Among other proceedings had, the following proposed order was submitted: "WHEREAS, The Honorable Claude D. Davis, Judge of the County Court at Law No. 1 of Brazos County, Texas, having made known to the Commissioners Court of Brazos County, Texas, that on June 23, 1989, he will be absent from the bench because he will be attending a continuting legal education seminar that day. WHEREAS, he has requested the appointment of James A. Amis, Jr. to sit as Special Judge of the County Court at Law No. 1 of Brazos County, Texas.on the above mentioned date in all matters that are, or may be, docketed on the Court's dockets for those days, and to have and exercise all- powers of a Special Judge in relation to matters involved, it is, therefore, ORDERED, ADJUDGED AND DECREED, Pursuant to authority of Article 30.03, Section 2, Code of Criminal Procedure, that James A. Amis, Jr., a former Judge of the County Court at Law of Brazos County, Texas, to sit and hear all matters that are, or may be, docketed on any of the Court's dockets on the above-mentioned days and shall have and exercise all powers of such Special Judge in relation to the matters involved; = WHEREAS, the Court having considered the proposed order and deeming that it should be approved; it is; therefore, •a ORDERED, ADJUDGED AND DECREED by the Commissioners Court of Brazos VOL PAGE Nag . I County, Texas, that the order as submitted having been read, it was moved and seconded that same should be approved. Thereupon, the question being called for, the following members of the Court voted AYE: R. J. Holmgreen - Absent Randy Sims Gary Norton M;l*~~ Tnrnor - Lhacan* Walter Wilcox and the following voted N0: ATTEST: ' Frank Boriskie County Clerk Pursuant to Article 30.05, Code of Criminal Procedure, the Clerk entered in the minutes as a part of the proceedings a record showing that the oath of office prescribed by law was duly administered to James A. Amis, Jr., as such Special Judge. TR~'i • Iva ')'P i- e/ %o r County Judge op/1J/~J ATTEST: Frank Boriskie County Clerk d .a VOL.~PA G o County Jugs i LEASE AGREEMENT I*I t f Brazos County, Texas, (therinafter called "Lessor"), for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, hereby leases to the Brazos Valley Farmers Market Association, an unincorporated association (hereinafter "Lessee"), the Brazos County Extension Office parking lot (hereafter the "Premises") on every Saturday during the months of May-, June, July, August, September, October and November, 1989 to be used by said Lessee for the operation of a "farmers market" within said space. There shall be no monetary rent due and owing for this lease except for the expenses that may be occassioned by the provisions stated herein. The operation of the farmers market shall be conducted in accordance with the rules and regulations of the Brazos Valley Farmers Market Association which are attached hereto as Exhibit "A" and made a part hereof for all purposes. Such market shall be operated on every Saturday, commencing at 8:00 a.m. and continuing throughout the day until all the produce is sold, but in no event later than 6:00 p.m. Lessee shall not permit the accumulation of waste or refuse material on the Premises and shall dispose of all garbage and refuge arising from the operation of its business at such times and in such manner as may reasonably be prescribed by Lessor. Lessee agrees to keep all garbage retained in air tight receptacles in a compliance with all goverment laws, regulations and orders. Lessee at its own cost and expense shall provide any and all safeguards so as to prevent the accumulation of such refuge, garbage or rubbish and for the expense of removing such refuge from the Premises and properly disposing of the same. Lessee agrees that it will protect, defend, save and keep the Lessor forever harmless, and indemnify against and from any penalty or damage of charges emposed for any violation of any laws or ordinances, whether occasioned by the negligence of Lessee of those holding under Lessee and that Lessee will at all times protect, defend, i.ndemnify and save and keep harmless the Lessor against and from any and all loss, cost, damage or expense, rising out of or from any accident or VO PAGE • 'f i~ I'll other occurence on'or abou the said Premises, causing injury to any person or property whomsoever or whatsoever and will protect, indemnify and save and keep harmless the Lessor against and from any and all claims, loss, cost, damage or expense arising out of any failure of Lessee in any respect to comply with and perform all of' the requirements and provisions hereof. For the duration of this Lease, Lessee, at its expense shall insure Lessor, Lessor's agents and itself against liability for injury to persons in connection with the Premises in the amount of $100,000.00 per any one person and $500,000.00 for more than one person and any one occurence. This insurance shall be in a form and through an insurance company satisfactory to Lessor, and Lessee shall deposit the original policy (with evidence of premium payment) with Lessor. Lessor may, at its option, procure the said insurance and charge the expense thereof to Lesse as additional rent to be come due and payable on demand. Lessee does hereby covenant for itself its successors and assigns that At will at its own cost and expense, during the term hereof, promptly comply with every law, statue, rule, ordinance, regulation, and notice of any municipal, county, state, federal or other authority having jurisdiction, pertaining to or effecting the said Premise and the business to be conducted thereon, and will pay all fines and penalties imposed upon the Lessor, its successors, and assigns by reason of the failure or neglect or refusal of the Lessee to so comply with such law, statue, rule, ordinance, regulation or notice. It is understood and agreed that Lessor has the privilege of cancelling this Lease at any time by giving to Lessee 10 days prior notice in writing of its intention so to do, and thereupon the term of this Lease shall wholly cease and expire by lapse of time, upon the date of which Lessor has elected to cancel the Lease as fully and completely as if that day were the date herein distinctly fixed for the expiration of the term, and Lessee shall forthwith vacate the Premises and surrender the same to Lessors, its successors and assigns. All notices at any time to be served by the Lessor upon the Lessee shall be in writing and sent by registered mail with postage prepaid, addressed to the Lessee care of the Market Manager, whom the Lessee covenants and agrees to appoint and keep the Lessor informed as to his VOL ✓ _ PAGE q3y '1 Y identity at all times, at the following address: Georgia Simecek Rt. 2 Box 423 - Bryan, Texas 77803. All notices at any time to be served by the Lessee upon the Lessor shall be in writing and sent by registered mail postage prepaid to the County Commissioners Court, Brazos County Courthouse, Bryan, Brazos County Texas 77803. The Lessee agrees that it will not assign this Lease and any attempts to do so will be null and void. Witness our hands this ~G day of 12~ 1989. BRAZOS COUNTY, TEXAS ATTEST: r BY: oun y e Judge o mgreen BRAZOS VALLEY FARMERS MARKET ASSOCIATION ATTEST: BY: 4 VOL PAGE `~~3 ATE Of TEXAS LINTY OF BRAZOS The attached Lease Agreement between Brazos County and the Brazos Valley Farmers Market was this date amended by the Commissioners' Court of Brazos County to allow the Farmers Market to use the Brazos County Extension Service parking lot on 2619 Hwy 21 West through December 31, 1989. APPROVED THIS THE day of , 1989, in Bryan, Brazos County, Texas ABSENT Richar J. Hol reen, County Judge Gary Nort , ommis oner, Pct. Wa1t~Wi1 , oner, Pct. 2 Randy Si s, Commissioner, Pct. 3 Milton Turner, Commissioner, Pct. 4 VOL ✓ PAGE y3y