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HomeMy WebLinkAbout1991-06-03-1000AM-SpecialF11 ED F~ N h 9! MAY 30 0 o AN 10.3 6 F 9~P~ r~°'f , .✓2~.~t.,L -CO. CLERK BRAZOS COUNTY QPdOSaRYnr~ T XouRTNCU:E BRYAN. TBXAB ` b.' 10. Consider 11. Consider 12. Executive 13. Consider 14. Adjourn. THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, JUNE 19°31991, AT 10:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on Drug and Alcohol Policy for Brazos County. 4. Consider and take action on award of bid for annual insect control contract for Brazos County and authorize the payment thereof - Bid No. 91-607. 5. Consider and take action on the approval of the minutes held on March 11, 1991. 6. Consider and take action on budget amendments. 7. Consider and take action on award of bid for Mumford Road improvements and authorize the payment thereof. 8. Consider and take action on final plat of Merker-Strawn Subdivision in Precinct 1. 9. Consider and take action on the approval to advertise on the following: a. various materials and services for Road and Bridge Department AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING The and and Se. and sale take take ssion take of property located on College Avenue action on personnel change of status. action on payment of claims. to discuss personnel 6252-17(2)(g). action on Executive Session. VOL PAG og COMMISSIONERS' COURT SPECIAL MEETING JUNE 3, 1991 • ? i A special meeting of the Commissioners Court of Brazos i County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Monday, June 3, 1991, 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; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office Cheryl Turney Auditor's Office A. H. Winder County Engineer Edwin Dobbins Maintenance Department Jim Hiney Bryan/College Station Eagle Jody Manley KBTX-TV • Joe Larger KBTX-TV Louis Shirley, Jr. Brazos County Resident Marion H. Dowell Brazos County Resident C. A. Pope Brazos County Resident V. H. Dill Brazos County Resident Commissioner Sims gave the invocation and led the pledge of allegiance. The Court first considered awarding the following bid: Bid No. 91-607 - Annual Insect Control Contract Brazos Valley Herwald Pest Professional Exterminating Control Pest Control Monthly Charge $995.00 $834.00 $1,150.00 Hours/Month Prop. to Spend 22-26 N/A 18-24 $/SQ Foot Treat Fleas 0.15 N/A 0.01 Quality Pest Bug Blasters • Control Pest Control Monthly Charge $404.00 $550.00 Hours/Month Prop. to Spend 19-23 12-18 $/SQ Foot Treat Fleas 0.05 0.02 v0L,'--PAG ~Q 9 Commissioners' Court meeting June 3, 1991 r r i r, ~I Cheryl Turney, Purchasing Agent, recom- mended acceptance of the bid submitted by Herwald Pest Control for the monthly charge and Professional Pest Control for the flea treatment. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Herwald Pest Control for the monthly charge and to Professional Pest Control for the flea treatment. The Court next considered approval of the minutes of the Commissioners' Court meetings held March 11, 1991. On motion by Commissioner Turner, seconded by Commissioner Wilcox, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was consideration of a Drug and Alcohol Policy for Brazos County in order to comply with the recent changes in state law. Commissioner Norton stated he felt this was a good policy but was wondering how it would be enforced. The County Judge stated he would speak with Dr. Marsh, Director of the Health Department, and with the Mental Health Mental Retardation organization for counseling purposes. Commissioner Norton suggested that the Court hire a Risk Manager to handle any reported violation of the Drug and Alcohol Policy along with all insurance and workers compensation claims. The County Judge said the suggestion would be taken into consideration. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to adopt the Drug and Alcohol Policy for Brazos County. A copy of the policy is attached hereto. The Court next considered Budget Amendment #91-014, which would reallocate funds budgeted for the Extension Service, the Brazos Center and the office of the Constable Precinct 7 with no increase to the General Fund. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. V0L_`PAGE ____11_0 Commissioners' Court meeting June 3, 1991 The Court next considered awarding the following bid: Bid No. 91-611 - Mumford Road Improvements Commissioner Milton Turner recommended acceptance of the low bid submitted by • Young Brothers Inc. Contractors. On motion by Commissioner Turner? seconded by Commissioner Sims, the Court voted unanimously to accept the recommendation of Commissioner Turner and award the contract to Young Brothers Inc. Contrac- tors. A copy of the bid tabulation is attached hereto. The Court next considered approval of the final plat of the Merker-Strawn Subdivision. Holland Winder, County Engineer, stated that the tank did not appear on the plat and that they had not been able to drain the road. He did say that he had contacted the adjacent property owners and they will meet with him to fix the drainage problem. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court unanimously approved the final plat of the Merker-Strawn Subdivision in Precinct 1. • On motion by Commissioner Wilcox, seconded by Commis- sioner Sims, the Court voted unanimously to advertise for bids to acquire various materials and services for the Road and Bridge Department. On motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously to advertise for the sale of the property located on College Avenue. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Jones, David Sheriff Office Resignation Diehl, Tammy Sheriff Office Resignation Avila, Janie Sheriff Office Resignation Mireles, Andres Sheriff Office Resignation Lamar, Brenda Dist. Attorney New Emp P/T Gyeszly, Susan Dist. Attorney New Emp P/T Shephard, Kelvin Juvenile Service F/T to P/T • Bennett, Linda Tax Office P/T to F/T Williams, Eunice Tax Office Reduce Pay Hill, Judy Brazos Center Salary Inc. Sandoval, Delfino Brazos Center Salary Inc. on motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the changes as 9._~PAGE 711-, Commissioners' Court meeting June 3, 1991 submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 10 General Fund---------------Claims 10219 thru 10378 20 Road & Bridge--------------Claims 10475 thru 10534 21 Boonville Cemetery---------Claims 10386 thru 30 Capital Projects & Improvements: Proposition I--------Claims 10387 thru 10392 40 Law Library----------------Claims 10393 thru 10401 41 Court Master Grant---------Claims 10402 thru 10405 43 Oil & Gas Fund-------------Claims 10406 thru 10408 54 Health Department----------Claims 10422 thru 10437 60 Payroll--------------------Claims 10438 thru 10452 61 Health & Life Ins----------Claims 10453 thru 70 Indigent Health Care-------Claims 10454 thru 10456 90 Community Services Off-----Claims 10457 thru 10460 91 Juvenile Comm. Grant-------Claims 10461 thru 94 Victim Assistance Prog----- Claims 10462 thru 95 Comm. Crime Prevention-----Claims 10463 thru 97 Narc. Traf. Task Fcrce----- Claims 10464 thru 10474 On motion by Commissioner Turner, seconded by Commis- sioner Norton, the Court voted unanimously to approve the Claims as submitted. Mr. Louis Shirley, Jr. presented the Court with two petitions requesting work be done on Shirley and Grassbur Roads and on Long Trussell Bridge. At 10:28 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed executive session to discuss personnel as allowed under Section (6252-17(2)(g) Vernon's Texas Civil Statutes. At 10:58 a.m. the County Judge announced the meeting open to the public. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to approve the request of J. D. Langley, Judge of the 85th District Court to grant Dennie Bollinger one additional week of sick leave to allow her to attend to her new born and to hire Trish Dempsey on a temporary basis at a group 8 step 6 position for a period of eight (8) weeks. At the end of which time, the temporary position will be closed. There being no further business to come before the Court, the meeting was adjourned. t i ~II ~J The foregoing minutes have been examined and approved in open Court this the L day of 19-2L, in Bryan, Brazos County, Texas. R. J. 661m(;fden County Judge i Walter Wilc6x Commissioner, Precinct 2 '4asr r Milton Turner Commissioner, Precinct 4 S Gary Nor Commiss'o er, ~recin'ct 1 i X.~ . Randy S• s Commis loner, Precinct 3 Mary nn Ward County Clerk VOL PAGE 7/3 DRUG AND ALCOHOL POLICY PURPOSE The purpose of this policy is to identify and remove the adverse affects of alcohol and drugs on job performance, and to protect the health and safety of our employees by providing education and treatment. Use and misuse of alcohol or drugs can and does impair the ability of an employee to perform his/her duties and may endanger the employee, his/her co-workers, and the public as well as property. The County seeks to prevent the use/abuse/misuse of drugs and alcohol by employees in any way which impairs their ability to perform their duties. POLICY 1. The County shall implement a comprehensive drug and alcohol abuse education program. As part of that program, information will be provided on the availability of employee assistance program services. 2. Alcoholism and other drug addiction are recognized as diseases responsive to proper treatment, and this will be an option as long as the employee cooperates. Employee assistance program (EAP) will be made available to assist employees. 3. The manufacture, distribution, dispensing, possession, sale, purchase, or use of a controlled substance on County property is prohibited. 4. Being under the influence of alcohol or illegal drugs on County property is prohibited. The unauthorized use or possession of prescription drugs or over-the-counter drugs on County property is prohibited. 5. Employees who violate this policy are subject to appropriate disciplinary action including termination. 6. The policy applies to all employees of the County regardless of rank or position and includes temporary and part-time employees. DEFINITIONS A. Controlled Substance - Any substance listed in Schedules IN of Section 202 of the Controlled Substance Act (21 U.S.C. §812), as amended. Copies are maintained for employee review by Personnel and Health Services. B. County Premises - All County property including vehicles, lockers and parking lots. VOL. ) P_PA .!E I i f r C. County Property - All County owned or leased property used by employees r' such as vehicles, lockers, desks, closets, etc. i r D. Drug - A drug is any chemical substance that produces a physical, mental, emotional or behavioral change in the user. Included in alcohol. ~A E. Drug Paraphernalia - Equipment, a product or material that is used or intended for use in concealing an illegal drug or for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal drug or controlled substance. F. Fitness for Duty - To work in a manner suitable for the job. To determine "fitness", a medical evaluation may include drug and/or alcohol testing. G. Ille ag l Drug - An illegal drug is any drug or derivative thereof which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal or regulated under the federal, state, or local law or regulation and any other drug, including (but not limited to) a prescription drug, used for any reason or in a manner other than a • legitimate medical reason or as prescribed and inhalants used illegally. H. Reasonable Cause /Reasonable Suspicion - An articulate belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. 1. Testing - Is generally defined as a urine or breath test to determine chemical or drug content. ` J. Under the Influence - A state of having an alcohol concentration of 0.10 or more, where "alcohol concentration" has the meaning assigned to it in Article 67011-1, Revised Statutes; or the state of not having the normal use of mental or physical facilities resulting from the voluntary introduction into the body of an alcoholic beverage or a illegal drug. PROHIBITED ACTS Any of the following actions constitutes a violation of the Policy and may subject an employee to disciplinary action to include immediate termination: A. Using, selling, purchasing, transferring, possessing, manufacturing, or storing an illegal drug, or attempting or assisting another to do so, while in the course of employment or engaged in a County sponsored activity, on premises, in owned, leased or • rented vehicles, or on business. B. Working or reporting to work, conducting County business or being on County premises or in a County-owned, leased or rented vehicle while under the influence of an illegal drug, alcohol or in an impaired condition 2 y V "W PAGE.-.-7Z-S7 4 a t DISCLOSURE REQUIREMENTS Employees taking drugs prescribed by an attending physician must advise their direct Supervisor in writing of the possible effects of such medication regarding their job performance and physical or mental capabilities. This written information must be kept confidential and communicated to the direct supervisor prior to the employee commencing work. All medical information will be kept confidential and the employer, without exception, will punish any breach of privacy and confidentiality in this regard. All prescription drugs must be kept in their original container. CORRECTIVE ACTION If an employee is reasonably suspected of- a. engaging in a Prohibited Act or b. has been involved in a work related accident in which the use of alcohol or illegal drugs is implicated as a contributing factor; the employee may be subject to any one or more of the corrective actions defined herein. Circumstances which constitute a basis for determining "reasonabl supervision" may include but are not necessarily limited to: a. a pattern of abnormal or eratic behavior; b. information provided by a reliable and credible source, if cooraborated; C. direct observation of drug or alcohol use, corroborated by two (2) individuals; d. presence of the physical symptoms of drug or alcohol use (i.e. glossy or bloodshot eyes, alcohol odor on the breath, slurred speech, poor coordination and/or reflexes); e. a work-related accident. Corrective actions, include but are not necessarily limited to: a. referral to the Employee Assistance Program as described below; b. Testing; C. Termination of Employment. 3 a EE ~F - k r~ i 1 i SUPERVISORY AND EMPLOYEE TRAINING Supervisors will receive training regarding the Drug and Alcohol Policy and the use of the Employee Assistance Program. All employees will receive copies of the Drug and Alcohol Policy and information about the Employee Assistance Program. EMPLOYEE ASSISTANCE PROGRAM The County will provide employees with confidential, professional assessment and referral for assistance in resolving or accessing treatment for addiction to, dependence on, or problems with alcohol, drugs, or other personal problems adversely affecting their job performance. Confidential assessment and referral services will be provided without cost to the employee. The cost of treatment, counseling or rehabilitation resulting from EAP referral will be the responsibility of the employee. • Supervisor referrals to the EAP will require the employee to execute a release of information consent form to be returned to the County supervisor by the EAP. Refusal to participate in, or failure to complete the EAP-directed program will be documented. Should job performance not improve after a reasonable amount of time, the employee is subject to progressive corrective action up to and including termination of employment. Self-referral by employees is strongly encouraged. The earlier a problem is addressed, the easier it is to deal with and the higher the success rate. While self-referral in itself, does not preclude the County from terminating an employee, participation in an EAP-directed program may enable the supervisor to postpone initiating or determining additional corrective actions in order to permit successful completion of such program. EAP-related activities, such as referral appointments, will be treated on the same basis as other personal business or health matters with regards to use of sick or compensa- tion leave. Sick leave may be taken as needed, while compensation time must be pre- approved. EMPLOYEE DRUG TESTING C7 A. Should testing be determined to be the appropriate corrective action to be taken the employee shall be asked to sign a consent form authorizing the test and permitting the release of test results to those County employees with a need to know. An employee who refuses to consent to a drug or alcohol test when reasonable suspicion of drug or alcohol use has been determined is subject to corrective action up to and including termination. 4 r' r B. Procedures 1. A positive test result shall mean either the presence of drug and/or alcohol. Sample testing procedure shall conform to scientifically accepted analytical methods and procedures and shall include confirmation of any positive test result by gas chromatography, mass spectometry or other comparable analytical methods before the results of any test may be used as a basis for any action. Both screening and confirmatory urine testing will follow the guidelines adopted by the United States Department of Health and Human Services. 2. An employee whose drug test yields a positive test result shall be given a second test which shall use a portion of the same test sample withdrawn from the employee for use in the first test. If the second test confirms positive test results, the employee shall be notified of the results in writing by the appropriate supervisor. A letter of notification shall identify the particular substance found and its concentration level. If an employee's positive test result has been confirmed, the employee is subject to corrective action up to and including termination. C. Policy Parameters 1. For confidentiality, only County employees who have a need to know will be informed of positive test results. Employee's privacy will be protected and the County, without exception will punish any breach of worker's privacy and confidentiality. 2. The County will use only laboratories that are certified under appropriate federal and/or state regulations. These laboratories should follow the guidelines of the United States Department of Health and Human Services and place urine analysis. 3. The County will use a breathalizer and/or blood sampling in order to determine whether or not an employee is under the influence of alcohol. Such test shall follow the same procedures and safeguards as the testing for drugs other than alcohol. COORDINATION WITH LAW ENFORCEMENT AGENCIES The sale, use, purchase, transfer or possession of an illegal drug or drug parapherna- lia is a violation of the law. The County will report information concerning possession, distribution, or use of any illegal drugs to law enforcement officials and will turn over to the custody of law enforcement officials any such substances which lawfully come into its possession as a result of this policy. The County will cooperate fully in the prosecution and/or conviction of any violation of the law. Employees must, as a condition of employment, report any conviction under a criminal drug statute for violations occurring on County Premises no later than five (5) days after conviction. 5 voL___K PAG. r- -71,f f C~ RESERVATION OF RIGHTS The County reserves the right to interpret, change, suspend, cancel or dispute, with or without notice, all or any part of this Policy, or procedures or benefits discussed herein. Employees will be notified before implementation of any change. Although adherence to this Policy is considered a condition of continued employment, nothing in this Policy alters an employee's status and shall not constitute nor be deemed a contract or promise of employment. Employees remain free to resign their employment at any time for any or no reason, without notice, and the County retains the right to terminate any employee at any time, for any or no reason, without notice. OTHER LAWS AND REGULATIONS The provisions of this Policy shall apply in addition to, and shall be subordinated to, any requirements imposed by applicable federal, state or local laws, regulations or judicial decisions. Unenforceable provisions of this policy shall be deemed to be deleted. • EMPLOYEE ACKNOWLEDGEMENT I acknowledge that I have received a copy of the Drug=Free Workplace Policy. I also acknowledge that the provisions of the Policy are part of the terms and conditions of my employment and that I agree to abide by them. Date: Signature of Employee Print Name Employee Social Security # • 6 I~ ILL 1 i VO PAGE 7/9 IJ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1991 BUDGET YEAR NO. 91-014 On this the 3rd day of June 1991 at a special meeting of the Commissioners' Court, the following members were present: R. J. Holmgreen, County Judge, Presiding Gary Norton, Commissioner, Precinct 1; Walter Wilcox, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Milton Turner, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on June 3, 1991, the Court heard and approved a budget amendment for the 1991 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted October 1, 1990, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 3rd day of June 1991 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By AL4J R. J. Holmgreen, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File VOL PA.GE '7 20 Budget Amend. No. 91-014: 06-03-91 DEPARTMENT ACCOUNT # ACCOUNT NAME INCREASE (DECREASE) REASON Extension 10-48-5210 Office Supplies (150) Reallocate Service 10-48-6215 Computer Software 150 funds INCREASE TO DEPT BUDGET " " : "50: ' Brazos 10-28-0371 Cap. Imp. Bldg. & Grounds (3,000) Center 10-28-0213 Cap. Out. Equip/Auto 3,000 INCREASE TODEPTBUDGE7:.:.:' ::50 . i`::.....::: Constable 10-56-5518 Other Miscellaneous (45) Pct? 10-56-6211 Radio Equipment 45 INCREASE TO DEPT BUDGET 4 NO INCREASE TO GF BUDGET. . "S4 . ' W ~ l r "i ~I , i MUMFORD ROAD IMPROVEMENTS B I D D E R S YOUNG BRO'S, INC. CONTR Bryan, Texas MWD CONST. CO., INC. Navasota, Texas ROBERT LANGE INC. Brenham, Texas PALASOTA CONST., INC. Bryan, Texas Item No. Quantity (Approx.) Description Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 1 L.S. Clearing and Grubbing $ 9,000.00 $ 9,000.00 $ 7,000.00 $ 7,000.00 $23,000.00 $23,000.00 $ 8,100.00 $ 8,100.00 2 9030 c.y. Roadway Excavation 1.80 16,254.00 2.80 25.284.00 3.00 27,090.00 3.50 31,605.00 3 5750 s.y. Flexible Base (6' depth) 3.62 20,815.00 4.40 25,300.00 7.00 40,250.00 5.10 29,325.00 4 850 S.Y. Flexible Base (8' depth) 5.15 4,377.50 6.00 5,100.00 13.00 11,050.00 7.80 6,630.00 5 7450 s.y. Lime Stabilized Subgrade (4% by dry weight) 2.35 17,507.50 1.10 8,195.00 2.50 18,625.00 2.20 16,390.00 6 36 T. Hydrated Lime - Type A 1.00 36.00 75.00 2,700.00 95.00 3,420.00 74.00 2,664.00 7 70 T. H.M.A.C. (Type D,1 112' min. In-place) 40.00 2,800.00 55.00 3,850.00 60.00 4,200.00 49.50 3,465.00 8 725 I.f. Reinforced Concrete Curb and Gutter 5.50 3,987.50 7.40 5,365.00 13.50 9,787.50 6.60 4,785.00 9 26 s.y. 5' Reinforced Concrete Driveway 31.00 806.00 30.00 780.00 40.00 1,040.00 20.00 520.00 10 466s.y. Reinforced 4' Concrete Riprap 24.00 11,184.00 22.00 10,252.00 37.00 17,242.00 23.00 10,718.00 1 I.s. 3bbl. 9'X7'X57' 4' MBC and Wingwalls (S.D.H.P.T. Stds. MC9-1 and MCW-F2) 7,735.00 7,735.00 4,000.00 4,000.00 0,000.00 0,000.00 4,900.00 4,900.00 12 36 s.y. l Bermudagrass 10.00 360.00 10.00 360.00 25.00 900.00 33.70 1.213.20 TOTAL (by company) $124,862.50 - $138,186.00 $226,604.50 $170,315.20 "1', 11 '1,'', 11 'I'll ,-,-,-,,T,O--T-AL m days) 120 T[, r, :100 11 , 1, T 100 120 i l` 1I i i { a , i s i i i'