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Home My WebLink About1990-04-02-1000AM-SpecialT f ' FILED FOR RECORD 2 OATE 3 q O 1 it 4 i t f Y i i I .j BRAZOS COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING MONDAY, APRIL 2, 1990, 10.00 A.M. 1. Invocation. 7. Pledge of Allegiance. 3. Consider and take action on the approval of the minutes of the meetings held on January 3, 1990, January 8, 1990, January 16, 1990, January 22, 1990 and January 29, 1990. 4. Consider and take action on Coordinator's position in the Juvenile Probation Department. 5. Consider and take action on contract for the remodeling of the Health Department Building. 6. Consider and take action on streets and alleys in the Millican Townsite. 7. Consider and take action on the exchange of land for right-of-way in the Wellborn Community. 8. Consider and take action on work outside of county rights- of-ways for the enhancement of county road projects. 9. Consider and take action on personnel change of status. 10. Consider and take action on payment of claims. 11. Adjourn. I VOL PAGE -31 t I - E f . I~ - 30- O AT IC•.ppZ FRANBRA20S By r COMMISSIONERS' COURT SPECIAL MEETING APRIL 2, 1990 A special 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, April 2, 1990, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk, Absent. • The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Carol Palmer Admin. Asst. to County Judge Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office A. H. Winder County Engineer Vickie Saxon Deputy Treasurer Susan Dow Juvenile Services Cheryl Turney Purchasing Ernie Wentrcek Juvenile Services Ginny Hamm County Attorney's Office Mary Ann Ward County Clerk's Office Jim Hiney Bryan/College Station Eagle Alice Brown KBTX-TV John Niell KBTX-TV Ramiro Quintero Brazos County Resident Bob Reese Candidate for County Clerk F. L. Pool Brazos County Resident John Prescott Millican Resident Henry L. Allen Brazos County Resident Cathy Evans Diamond Construction Wallace T. Cowart, Jr. Diamond Construction Harvey Luedeman Diamond Construction Mike Feldman Feldman Plumbing Patricia Meronoff Vance, Bruchez 6 Goss Mike Hensarling Brazos County Resident Jack Boyett Brazos County Resident Lynn Elliot Brazos County Resident Vincent Rosas Brazos County Resident Billy E. Beard Former County Commissioner Commissioner Sims gave the invocation and led the pledge of allegiance. The Court next considered approval of the minutes of the Commissioners' Court meetings held January 3, 1990, January 8, 1990, January 16, 1990, January 22, 1990 and January 29, 1990. On motion by Commissioner Sims, seconded by Commissioner Wilcox, - the Court voted unanimously to approve the minutes subject to the ; correction of a typographical error in the mutes of January 1 E VOL- IAJ PAGE -a rf.s6xr.•+.wr~ssT~-~v+-. -r~♦.;.e+•r :i r.. rl+'.. ,^.r-~s --a ,-~u---'. w.~a---'--'--_~'-r _ t! i r, i~ .f ! 1 Commissioners' Court meeting April 2, 1990 22, 1990. The Court next considered continued funding of the position of Job Coordinator in the Juvenile Services Department. Susan Dow, Juvenile Services employee, briefed the Court on the history of the position which began three and one half years ago. Ms. Dow explained the various responsibilities associated with the position. County Judge moved to continue funding the Job Coordinator position and include the other facets at a group 11 step 2 level. Commissioner Norton seconded the motion and it carried unanimously. The Court next considered the title and dedication of certain streets and alleys in the Millican townsite. The County Judge gave a brief history of the area. He stated that the platted instrument put into existence in the late 1800's did not establish a point from which to measure. Patricia Meronoff, legal counsel, informed the Court that property owners in the town of Millican had contacted Commissioner Norton regarding those streets in the town of Millican not now open to the public and those being used and maintained by the County. She continued by saying that in 1875 the Houston and Texas Central Railway Company attempted to dedicate to the County streets and alleys in the town of Millican for use as public highways. In 1877 the Commissioners' Court of Brazos County recommended the specific streets to be declared public highways. The current property owners request that the court accept the deed from the railroad company. Mrs. Meronoff indicated that the Court was dealing with either a common law express dedication or a statutory dedication. Due to the inability to find approval of the plat on the face of the plat, she found it impossible to determine whether or not the plat was filed with all legal prerequisites existing at that time. The deed itself was clear and unequivocal evidence of the intention of the railroad to dedicate the property. Therefore she felt that the more proper classification of the type of ; dedication was a common law dedication by deed. Mrs. !Meronoff continued stating that the deed and plat did not agree in vot.._W _PAcsS 1 _ r G i r j Commissioners, Court meeting April 2, 1990 language. In the deed, the dedication was contingent on the sale i of lots by the railroad. Mrs. Meronoff stated it appeared that Brazos county never accepted the dedication of all of the land originally offered for dedication by the railroad. This being the case, Brazos County would have no claim to the title of such land and therefore would not need to proceed with the usual methods of reconveying land to adjoining property owners where land has been originally dedicated for the public highway and then subsequently abandoned. Mrs. Meronoff recommended reaffirming the action of the Commissioners Court meeting of July 17, 1877 in which the Court accepted certain streets for the public highway. On motion by Commissioner Norton, seconded by Commissioner Wilcox, the Court voted unanimously to reaffirm the actions of the Commissioners' Court meeting of July 17, 1877 in which they accepted certain roads in the town of Millican for county maintenance and to maintain only those currently existing roads in Millican. The names of those roads are as follows: Commencing at Buchanan Street running north along Hockley Street to Callahan Street; thence west along Calhoun Street to Burnett Street; thence north along Burnett Street to its intersection Sulpher Springs Road at town limits; from Clay Street north along Houston Street to Washington Street; thence along Washington Street to its intersection with Hockley Street; from Washington Street north along Wingfall Street to Webster; thence along Webster west to its intersection with Bryan Road at the town limits; from Clay Street north along Henderson Street to Munroe Street; thence along Munroe Street to its intersection with Fuqua Ferry Road at the town limits east; from Hockley Street east along the Reservation to the intersection of the Navasota Road at the town limits. From Hockley Street east to Houston Street along the Reservation on south side Rail Road; from Pease Street west along Buchanan Street to the intersection Smith Ferry Road at the town VOL vt/ -PAGE 34 I - rtiAW`tiw.v~rr,°Afei4••'•c-i .ten, v.'s C•- „r- ; -~q+. rl~"-- v'• ~y~ . •-v- - ,s*. ' +~s - - r ^ , - - + Jr Y~.rr-vc-~ • i Commissioners' Court meeting April 2, 1990 limits. .y of the minutes of the July 17, 1877 meeting are attached heret o for reference. The Court next considered an exchange of land for some right-of-way on Madison Street in the Wellborn Community. Commissioner Norton explained that a currently non existing alley appeared in the deed and it had been dedicated to the county for maintenance. The county had long abandoned the alley. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to exchange the alley for right-of-way on Madison Street and authorized the County Judge to execute the Warranty Deed on behalf of Brazos County. The next matter for consideration was the contract for the remodeling of the Health Department Building. The County Judge stated that the Health Department Board had met that morning to discuss the urethane roof. Since it was the intent to accept the urethane roof, the proper and equitable route would be to change and enter into contract with Sentry Construction for the remodeling of the old Safeway Building. This was based on the overall bid submitted by Sentry Construction. It was unfortunate that one of the bidders made an error. After consulting with legal counsel in an attempt to accept the urethane roof it was the consensus of the Health Board that you can not allow negotiation on something you intend to take. There was considerable discussion in which Commissioners Sims and Wilcox stated that the bid of Diamond Construction was accepted with the exclusion of alternates #1 and #4. The County Judge reminded them that the motion included negotiation of the urethane roof. Representatives of Diamond Construction reiterated that the bid had been awarded with the exclusion of alternates #1 and #4. They went on to state that based on news releases and instructions from the architects, they had been given the 'go ahead' to proceed with the project. The County Judge stated he sympathized but that the Health Department Board was trying to do the right thing and that having met with their attorney, it was i + I VO PAGE---51 Commissioners' Court meeting April 2, 1990 the consensus of that Board that the legal and ethical route ' would be to accept the bid submitted by Sentry Construction. With that the County Judge moved to accept the recommendation of the Health Department Board based on the usage of a urethane roof and counsel with attorneys and award the contract to Sentry Construction. The motion was seconded by Commissioner Sims. Commissioners Sims, Turner and Wilcox voted •Aye". Commissioner Norton abstained stating he had not been at the meeting of March 21, 1990. The County Judge declared the motion carried. Representatives of Diamond Construction asked if they could be compensated for man hours expended on the project from the time they were led to believe they had been awarded the bid. Commissioner Sims suggested submitting the paperwork through the architect. The Court next considered authorizing work outside of county rights-of-ways for the enhancement of county road projects. The Road and Bridge Department requests permission to enter the private property of David and Gail Hyden to dispose of excess material from ditch construction along Enchanted Oaks Drive. The Road and Bridge Department also requests permission to enter the private property of Jane Moore on Dilly Shaw Tap Road to stockpile coverstone. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to authorize the work. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Russell, P. District Atty. Resignation Quinn, Marla Juvenile Serv. Resignation Parker, De Retta Tax Office New Employee Floyd, Debbie County Clerk New Employee Price, Alice Juvenile Serv. New Employee On motion by Commissioner Sims, seconded by Commissioner Turner, the Court voted unanimously to approve the changes as submitted. VOLJ91-PAGE-I'"- i a A 13t 3 I-w.rs»+ "'^~'7e-.nuveM^-r'. T'^. •^V7 r+sr-:-++;°+; mac.; r - T ~r--~'r ~T--r•-.--'----•~ - I • i~ i i f 9 v I missioners' Court meeting April 2, 1990 The Court next considered the following Claims as submitted the County Treasurer for payment: 10 General Fund----------------Claims 155734 thru 155937 20 Road & Bridge---------------Claims 156028 thru 156070 21 Boonville Cemetery----------Claims 155938 thru 155946 40 Law Library-----------------Claims 155947 thru 155955 43 Oil & Gas Fund--------------Claims 155956 thru 54 Health Department-----------Claims 155965 thru 155973 60 Payroll---------------------Claims 155974 thru 61 Health & Life Ins-----------Claims 155975 thru 70 Indigent Health Care--------Claims 155976 thru 156023 72 Bail Bond Board-------------Claims 156024 thru 97 Narc. Traf. Task Force------Claims 156025 thru 1 on motion by Commissioner Norton, seconded by Commissioner Wilcox, the Court voted unanimously to approve the Claims as submitted. There being no further business to come before the Court, the meeting was adjourned. '01 Vol W 121- I The foregoing minutte have been examined and approved in open Court this the I~ day of , 1910 , In j Bryan, Brazos County, Texas. Absent R. J. to mgreen ary "XEon County Judge Commi ioner, Precinct 1 Walter Wilcox Randy SiKh Commissioner, Precinct 2 Commis s oner, Precinct 3 7,-- M on Turner 1 Frank Bor, s Commissioner, Precinct 4 County Clerk VO PAGE 3 22'1 1 s vv . oNe r j Ito ...t. X, r~ - ~ ~y n ..~:....c~ ~c ~ a~4-•-,..• • ~ arm a ri-ac...-< <t, u dt, tic~t•....., ~ _ e- a e~•a~.t o CAM rti- 464040" 1691~1 /i JJ~V1 (v I /'l/!^r /e (J J~ r ~~«/j' •[f~ %'fJ _Si/-. A.~'f Q l~I r ..v! r~ ~r1 L~•'a.i~v/~~~+ K.•G~.II~.r~t d a(~ c. ~.I~k f /f f~/y v~rr d c caAJ "t, < , ~~c► l~~ ~e • ct. ¢~c.~ .L/n- G!C_. 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