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Home My WebLink About2003-12-23-0900AM-RegularBRA r :Y BRYAN. T£XAB - f NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 23 DECEMBER -2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26M STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley 2. Announcement of the cancellation of Commissioners Court on 30 December 2003. 3. Call for citizen's input and/or concerns. Consider and take action on agenda items 4-16 4. Budget Amendment 03/04-11.1 thru 03/04-11.3 5. Payment of Claims 6. Personnel Change of Status 7. Approval of a Resolution supporting the unfunded mandate amendment to the Constitution of the State of Texas. 8. Request by Ernie Laney to renew the hardware/software support agreement with Hewlett Packard for fiscal year 2004 (support agreement ID# 313570137) 9. Request by Janice McKean to transfer funds from the Brazos Center to the IT Dept. for the Enterprise Agreement (license) for Microsoft Windows. 10. Approval of out of state travel for Investigator Fred Kendall to travel to Atlanta, Georgia to follow up on an investigation. 11. Request for approval to of the following blanket purchase orders for the Jail: a. Team Systems $1,800.00 b. Ray Criswell $1,200.00 VOL 5.1 PAGE .1" Commissioners Court Agenda 23 December 2003 Page 2 c. Brazos Wholesale $600.00 d. Lilly Dairy $3,400.00 e. Flower's Bakery $1,600.00 f. Ben E. Smith $1,400.00 g. Performance $4,000.00 h. Sysco Food $7,300.00 i. US Foodservice $7,300.00 j. Scarmardo Produce $9,350.00 12. Approval of the Maintenance Agreement for a Sharp Digital Copier located in Justice of the Peace Ray Truelove's office. 13. Request by Purchasing for approval to dispose of salvage property. 14. Acknowledgement and execution of the Settlement Agreement and Release between Brazos County and Gene and Betty Zulkowski for property damages during the clearing of the right of way for the proposed new Jones-Butler Road. Site is located in Precinct 1. 15. Acceptance of a Warranty Deed from LS Trust for improvements to a portion of Shirley Road located in Precinct 2. 16. Acceptance of a Special Warranty Deed from LS Trust for improvements to a portion of Shirley Road located in Precinct 2. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. COMMISSIONERS' COURT REGULAR MEETING DECEMBER 23, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 23, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The first matter for consideration by the Court was the cancellation of the Commissioner's Court meeting on December 30, 2003. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to cancel the meeting. The County Judge deviated from the agenda and next took up consideration of item number 9, a request by the Director VOL 51 PAGE 1-/0 Commissioners Court meeting December 23, 2003 2 of the Brazos Center to transfer funds from the Brazos Center to the Information Technology Department for the Enterprise Agreement (license) for Microsoft Windows. On motion by Commissioner Peters, seconded by Commissioner Caldwell, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #03/04-11.1 through 11.3, which would reallocate funds for Brazos Center, transfer funds from Contingency to Recreating the Brazos Center Fund, transfer funds from the Metropolitan Planning Office to the Metropolitan Planning Office Grant. On motion by Commissioner Peters, seconded by Commissioner Caldwell, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20048557 through 20048875 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by VOL c:-S I PAGE 1 ~ I Commissioners' Court meeting December 23, 2003 3 Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The Court next considered approval of a Resolution supporting the passage of legislation prohibiting the imposition of unfunded mandates on Texas counties. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to adopt the Resolution and forward it to the Texas Association of Counties. The next matter before the Court was a request by the Director of the Information Technology Department to renew the hardware/software support agreement with Hewlett Packard for fiscal year 2004. On motion by Commissioner Caldwell, seconded by Commissioner Peters, the Court voted unanimously to approve the request in the amount of $27,384.00. The next matter for consideration by the Court was a request submitted by the Sheriff's Office seeking approval for out of state travel for Investigator Fred Kendall to travel to Atlanta, Georgia. Mr. Kendall will follow up leads on a homicide investigation. He will be leaving on January 10, 2004 and is expected to be gone a week. On motion by Commissioner Peters, seconded by Commissioner VOL S PAGE F I A Commissioners' Court meeting December 23, 2003 Caldwell, the Court voted unanimously to grant the request from the Sheriff and approved payment of out of state travel expense for Mr. Fred Kendall. The Court proceeded to consider the following blanket Purchase Orders: Team Systems Jail $1,800 Ray Criswell Jail $1,200 Brazos Wholesale Jail $ 600 Lilly Dairy Jail $3,400 Flower's Bakery Jail $1,600 Ben E. Keith Jail $1,400 Performance Jail $4,000 Sysco Food Jail $7,300 US Foodservice Jail $7,300 Scarmardo Produce Jail $9,350 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The next matter before the Court was the approval of the Maintenance Agreement for a Sharp Digital Copier located in Justice of the Peace Ray Truelove's office. Cost of the Agreement is $900.00 annually. On motion by Commissioner Peters, seconded by Commissioner Caldwell, the Court voted unanimously to approve the Maintenance Agreement. A copy is attached. The Court next considered a request by the Purchasing Department for the Court to declare surplus property as salvage and authorize the destruction or disposal of that 4 VOL ~I PAGE 1-)3 Commissioners' Court meeting December 23, 2003 5 property. On motion by Commissioner Peters, seconded by Commissioner Caldwell, the Court voted unanimously to donate the property to Twin City Mission. A list of the property is attached. The next matter before the Court was the acknowledgment and execution of the Settlement Agreement and Release between Brazos County and Gene and Betty Zulkowski for property damages during the clearing of right-of-way of the new Jones-Butler Road in Precinct 1. On motion by Commissioner Caldwell, seconded by Commissioner Peters, the Court voted unanimously to acknowledge and execute the agreement. A copy is attached. The Court next considered acceptance of a Warranty Deed for right-of-way on Shirley Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Caldwell, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from the LS Trust for the expansion and improvements to Shirley Road. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Shirley Road in Precinct 2. On motion by Commissioner Peters, seconded VOL 5 1 PAGE M LI Commissioners' Court meeting December 23, 2003 6 by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from the LS Trust for the expansion and improvements to Shirley Road. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Said that the terrorist alert level has been raised and he asked all departments and employees to be alert and report anything unusual and out of the ordinary. b) He received a letter from Kim Faust reporting on TIF's 1-4 & 15. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. VOL 51 PAGE l q,5 / I II &"'11 Y"■ Th 1 / l4 The foregoing minutes of the Commissioners Court meeting held December 23, 2003 have been examined and are approved in open Court this the _day of rl 2004, in Bryan, Brazos County, Texas. Randy Sims - Coun y Judge Z-k- Duane Peters Commissioner, Precinct 2 C ey Ca ley, Jr. Commiss ' ner, Preci ct 4 Eric Caldwell Commissioner, Precinct 1 ~l Kenny Mal la Commissioner, Precinct 3 Attest: ka¢.. - Karen McQueen Count y C e r k `a~~,K~►-~ /.~~`"'T' VOL 5 1 PAGE BRAZOS COUNTY COMMISSIONERS COURT MEETING ON_ 0~ . a3 2003 AT A-M N Organizati n/Department G C ~ t i t -TO A ,9 - K ryl \K" vu f= AGE I'1 ~y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-11.1 thru 03/04-11.3 On this the 23rd day of December 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County C-ierk The following proceedings were held: THAT WHEREAS, on December 23, 2003 the Court heard and approved a budget amendment for the 2003-2004 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 September 12, 2003 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23`d day of December, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL S / PAGE 1 -7 g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-11.1 12/23/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 4241 512000 Cr Salary Dept Head 10,000.00 30 4241 513000 Cr Salary - Staff 11,000.00 30 4241 516400 Cr Hourly - Temporary 2,500.00 30 4241 531000 Cr Social Security 1,798.00 30 4241 532000 Cr Retirement 2,388.00 30 4241 538000 Cr Worker's Compensation 67.00 30 4241 539000 Cr Unemployment Ins. 39.00 30 4241 606000 Dr. Office Supplies 1,400.00 30 4241 606200 Dr. Posta a 800.00 30 4241 610100 -Dr. Advertisin 3,000.00 30 4241 611100 Dr. Conference & Seminar 2,500.00 30 4241 617400 Dr. Telephone 1,000.00 30 4241 618010 Dr. Travel 3,000.00 30 4241 653200 Dr. ui ment Maint 1,500.00 30 4241 672030 Dr. Minor Computer Equip 1,000.00 30 4241 672110 Dr. Software 1,000.00 30 4241 672860 Dr. Equipment Other 300.00 30 4241 673420 Dr. Furniture 1,300.00 30 4241 715060 Dr. Rental Office Space 400.00 30 4241 723200 Dr. Contract Services 10,000.00 30 480470 Dr. MPO 592.00 MPO GRA NT On Dec 16, 2003 budget amendment # 10.3 approved the acceptance of the Brazos Transit portion of the MPO. That budget was for personnel only and was included in the original M PO budget and has to be reduced. However, the Brazos Transit was an addidtion to the overall MVO budget. The difference from the MVO-BT budget was redistributed to the other operating accounts wi th only a net reduction to MPO of $592.00. 2 0 3 u ir. a_e VOL 51 PAGE 0 1 8. . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-11.2 12/23/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 140001 710200 DR Computer Contracts 400.00 01 365001 672810 CR Equipment - Electronic 350.00 01 365001 606000 CR Office Supplies 50.00 Brazos Center - To transfer funds to allow for an additional computer on the En te rise Agreement with Microsoft for the added computer at the. Rodeo Arena. The entire EA is aid out of the IT department. P ate rr` :1~ 912003. VOL~ _PAGE 0 PERSONNEL CHANGE OF STATUS COURT DATE: December 23, 2003 DEPARTMENT: Personnel PURPOSE:..... AmovePersonnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED INFORMATION JONES V, ARTHUR R. DISCHARGED - TECHNOLOGY HOLLAND, JR., WILLIAM NEW HIRE - FULL TIME COUNTY AUDITOR SODOLAK, JR., CHARLES RESIGNATION 361sT DISTRICT COURT TUMLINSON, TED RETIREMENT WAGER, TROY NEW HIRE - FULL TIME SHERIFF'S OFFICE/JAIL FERNANDEZ, GABRIEL GLEN,HAYES SAENZ, BENJAMIN SIGNOR, MOLLIE ORDERED TO ACTIVE MILITARY DUTY RESIGNATION RESIGNATION RETIREMENT Approved in Commissioners' Court: County Judge's or Commissioner's S (This copy to be attached to minutes) VOL G1 PAGE 19)' Maintenance Agreement Austin 512-836-2100 Bryan 979-774-2200 Corpus Christi 361-289-0900 Harlingen 956425-3010 Laredo 956-724-8188 McAllen 956-630-5208 San Antonio 210-805-8200 Tyler 903-509-8200 Special Instructions: r.:::::}Y:.'..:.: v.::.}: 'ro... 0 X" ';~{J, ..vim r.:>•}. :::•Ti}`i::} .t'::k.•C':'i':.:'r' Oar Includes: From: To + Cost: l per: per: --t From: To : Cost: From: To : Cost: ,}.JF . ::::.rfrr ki 2 .7~. S,fSi : ; ..Y::: ti ..{.r• .::"v+ rrv+ •r:.:v ~:i'~v~iSC+... ■ ~+.{;if?::f:}'N+,%v$.riri~'+ii'i: -:>:'i..:.•:•:4$': .r:.~: ;v . Y++:} r;.. .i~:,.}:,,{{'vG}-Y.iivx}.v'., n•,.r~i:: /rr., .n:.:.v:: {C .:lNr : +:{9. h.. .{:.{,rir.•{iry f l ..{•Y•.4:...... }....•J.. :.r. f. }r 4:f$rrii:{~:::::} r. ::::i:j::::i+•ii' :}'!>+:4Y •~...Yl~{~I~ •..:IfJ : G: •.:y h {mnp}%: .;•i•;i•:r rA'}Y' + ~N . . . . . rum veloper ax Option • y{ ? OSole Use Circuit i OColor upplies Print Controller ❑Dedicated Line lack Toner Niparts, Labor & Travel LL76P 7V ❑Special: Terms Due upon receiptupon credlopproval of this order. This agreement, upon soceplance by Dahill Industries supersedes env other wrimen or oral m nicatinns hoi w- rti...ew - rbhw -a.- M Title: Dahill Industries Acceptance ills VOL 51 PAGE 193 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: December 23, 2003 W7- /4- IConsider and take action on acknowledgment and execution of the Settlement Agreement and Release between Brazos County and Gene and Betty Zulkowski for Property damages during the clearing of right of way for the proposed new Jones-Butler Road. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: SUBMITTED BY: APPROVED BY: 2` d9A 14 C V- Z~~ /Z. ichard F. Vance, P.E. Commissioner Eric Cal well County Engineer Precinct 1 0003-114 This Request is Approved or Denied by Commissioners' Court Date: Randy County Judge VOL 61 PAGE I SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into by and between BRAZOS COUNTY, TEXAS, (hereinafter called "COUNTY"); and GENE ZULKOWSKI and - wife, BETTY JEAN ZUL KOWSIq (hereinafter referred to as "ZULKOWSKI" for themselves and their respective successors, heirs and assigns, to compromise and settle all actual and potential disputes between them. WHEREAS, the COUNTY while working on the construction of a new County roadway, inadvertently and by accident went upon property owned by ZULKOWSKI; and WHEIREAS, this trespass created damages, to the property primarily in the loss of trees; WHEREAS, ZULKOWSKI has sought reparation from the COUNTY for this damage, and WHEREAS, the COUNTY is agreeable to settling such trespass claims without litigation. NOW, THERMORE, for and in consideration of the promises, terms and conditions herein stated, and the performance of each, the COUNTY and ZULKOWSKI in compromise and settlement of their dispute, and the payment by COUTY to the ZULOWSKI of the sum of ONE THOUSAND AND N01100 DOU ARS ($1,000.00), cash in hand paid the receipt and sufficiency of which is hereby acknowledged by ZULOWSa all hereby agree as follows: 1. ZULOWSKI does hereby release and forever discharge COUNTY, its successors, assigns, employees and representatives from any and all claims, demands, actions and causes of action of whatever nature, whether, known or unlmown, which ZULOWSKI might now have, or may have m the future, against COUNTY, based in whole or in part on, or arising out of the COUNTY'S trespass upon ZULOWSKI'S property. VOL 61 PAGE. 1 &5 2. The parties understand and acknowledge that each one of them is entering into this Agreement only to compromise and settle actual and potential disputes between them and not as an admission of liability of any kind or character. 3., The parties recognize this to be a full, final and complete settlement which contains the entire understanding and agreement between them and supersedes all other written or oral negotiations between them or their representatives. EFFECTIVE this ,2-'~ day of_, 0eC-,chjqGr` . 2003. ATTEST: By: Karen McQueen, County Clerk BRAZOS By: GENE SKI County Judge BETTYXIM4 ZULO KI 2 VOL 5j PAGE