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Home My WebLink About2003-12-23-9:00AM-Regular~s 01 BRAZOS COUNTY , i c_rrr; BRYAN. TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE C MMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSIO ON 23 DECEMBER -2003 AT 9:00 A.M. IN THE COMMISSIONERS COURT OOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BR AN, TEXAS. 1. Itocation and Pledge of Allegiance - Commissioner Cauley 2. A#nouncement of the cancellation of Commissioners Court on 30 December 2003. 3. C*11 for citizen's input and/or concerns. and take action on agenda items 4-16 4. B*dget Amendment 03/04-11.1 thru 03/04-11.3 5. P4yment of Claims 6. Personnel Change of Status 7. Abproval of a Resolution supporting the unfunded mandate amendment to the Constitution of th State of Texas. 8. R4quest by Ernie Laney to renew the hardware/software support agreement with Hewlett P ckard for fiscal year 2004 (support agreement ID# 313570137) 9. R quest by Janice McKean to transfer funds from the Brazos Center to the IT Dept. for the E terprise Agreement (license) for Microsoft Windows. 10. A~proval of out of state travel for Investigator Fred Kendall to travel to Atlanta, Georgia to follow up on an investigation. 11. R quest 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 12 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 val of the Maintenance Agreement for a Sharp Digital Copier located in Justice of the Ray Truelove's office. 13. Request by Purchasing for approval to dispose of salvage property. 14. knowledgement 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 01.7 way for the proposed new Jones-Butler Road. Site is located in Precinct 1. 15. ~ceptance of a Warranty Deed from LS Trust for improvements to a portion of Shirley ad located in Precinct 2. 16. A~cceptance 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. Zency / Board / Committee reports by Court members. 20. ioum. The Brazos ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services mu be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL G / , PAGE. 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 tie meeting. The County Judge deviated from the agenda and next took u~ consideration of item number 9, a request by the Director OL 51 PAGE 00 Co issioners Court meeting December 23, 2003 2 o the Brazos Center to transfer funds from the Brazos Center t the Information Technology Department for the Enterprise A reement (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 C nter Fund, transfer funds from the Metropolitan Planning O fice 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 s bmitted, a copy of which is attached. The Court next considered the following Claims as s bmitted 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 loyees as submitted on the attached Personnel Action R~quests. On motion by Commissioner Peters, seconded by OL D ► PAGE III ;io ers' Court meeting December 23, 2003 C mmissioner Mallard, the Court voted unanimously to approve the changes as submitted. The Court next considered approval of a Resolution s pporting the passage of legislation prohibiting the imposition of unfunded mandates on Texas counties. On motion by the County Judge, seconded by Commissioner P ters, the Court voted unanimously to adopt the R .solution and forward it to the Texas Association of Cdunties. The next matter before the Court was a request by t e Director of the Information Technology Department to r new the hardware/software support agreement with H wlett Packard for fiscal year 2004. On motion by C mmissioner Caldwell, seconded by Commissioner Peters, toe Court voted unanimously to approve the request in the unt of $27,384.00. The next matter for consideration by the Court was a r quest submitted by the Sheriff's Office seeking approval f r out of state travel for Investigator Fred Kendall to t avel to Atlanta, Georgia. Mr. Kendall will follow up 1 ads on a homicide investigation. He will be leaving on J4nuary 10, 2004 and is expected to be gone a week. On tion by Commissioner Peters, seconded by Commissioner 3 OL 5 PAGE r7 a io ers' Court meeting December 23, 2003 C ldwell, the Court voted unanimously to grant the request f -tom the Sheriff and approved payment of out of state t avel expense for Mr. Fred Kendall. C S/ 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 motion by Commissioner Peters, seconded by issioner 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 1 cated in Justice of the Peace Ray Truelove's office. C st of the Agreement is $900.00 annually. On motion by C mmissioner Peters, seconded by Commissioner Caldwell, t le Court voted unanimously to approve the Maintenance A reement. A copy is attached. The Court next considered a request by the Purchasing D partment for the Court to declare surplus property as s lvage and authorize the destruction or disposal of that OL PAGE 1-)3 4 io ers' Court meeting December 23, 2003 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 arid Release between Brazos County and Gene and Betty Z lkowski for property damages during the clearing of right-of-way of the new Jones-Butler Road in Precinct 1. O motion by Commissioner Caldwell, seconded by Commissioner Peters, the Court voted unanimously to a knowledge and execute the agreement. A copy is attached. The Court next considered acceptance of a Warranty D ed 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 P ecinct 2. On motion by Commissioner Peters, seconded OL 51 PAGE 17 Lf 5 issio ers' Court meeting December 23, 2003 6 b Commissioner Mallard, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos C unty a Special Warranty Deed from the LS Trust for the e pansion 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 mbers. There being no further business to come before the C urt, the meeting was adjourned. OL 51 PAGE ~s Toe foregoing minutes of the Commissioners Court meeting held D cember 23, 2003 have been examined and are approved in open Court this the o day of rI 2004, in Bryan, Brazos County, Texas. R ndy ims Eric Caldwell C un y Judge Commissioner, Precinct 1 Dane Peters mmissioner, Precinct 2 C ey Ca ley', Jr. C mmiss' ner, Preci ct 4 A#test: Kenny Malla Commissioner, Precinct 3 i\ 1"1 C_IerC11 County C/~,.. ~ .~T"'v OL 51 PAGE )l~ BRAZO COUNTY COMMISSIONERS COURT MEETIN ON 023 2003 AT 9--w 1~'M LAa4 . N Organ iza4n/Department ~Q '71, J/z j I t ZA AS \K~" VOt_ ( PAGE I'1 -4- BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-11.1 thru 03/04-11.3 members v this the 23`d day of December 2003 at a regular meeting of the Commissioners' Court, the following 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 Clerk The 2003- following THE By: Original: Copies: ng proceedings were held: AT WHEREAS, on December 23, 2003 the Court heard and approved a budget amendment for the budget year for Brazos County, Texas. [-IEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen which could not be reasonably included in the original budget adopted September 12, 2003 the amendment(s) to the original are hereby authorized, as described on the attached page(s). OPTED AND APPROVED this the 23`d day of December, 2003. SIONERS' COURT OF BRAZOS COUNTY, TEXAS. Judge County Clerk's Office and attached to the original budget County Auditor County Treasurer Commissioners' Court Minutes VOL I PAGE 1 -7 g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-11.1 12/23/2003 FD DI ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 4 R41 512000 Cr Salary Dept Head 10,000.00 30 4: 41 513000 Cr Salary - Staff 11,000.00 30 4 41 516400 Cr Hourl - Temporary 2,500.00 30 4 41 531000 Cr Social Security 1,798.00 30 4 41 532000 Cr Retirement 2,388.00 30 4 41 538000 Cr Worker's Compensation 67.00 30 4 41 539000 Cr Unemployment Ins. 39.00 30 4 41 606000 Dr. Office Supplies 1,400.00 30 4 141 606200 Dr. Postage 800.00 30 4 41 610100 lDr. -Advertising 3,000.00 30 4 $41 611100 Dr. Conference & Seminar 2,500.00 30 4 41 617400 Dr. Tele hone 1,000.00 30 4 41 618010 Dr. Travel 3,000.00 30 4 41 653200 Dr. Equipment Maint 1,500.00 30 4 41 672030 Dr. Minor Computer Equip 1,000.00 30 4 41 672110 Dr. Software 1,000.00 30 4 41 672860 Dr. Equipment Other 300.00 30 4 41 673420 Dr. Furniture 1,300.00 30 4 41 715060 Dr. Rental Office Space 400.00 30 4 41 723200 Dr. Contract Services 10,000.00 30 480470 Dr. MPO 592.00 MPO RA NT On De 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 MPO b d et. The difference from the MPO-BT budget was redistributed to the other operating accoun s with only a net reduction to MPO of $592.00. 1~,lJared 13y': f z iiik~~ PPra~%ed L133 Dri,f ac 12/1812113 VOL '~5I PAGE 0 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-11.2 12/23/2003 FD D ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 140 01 710200 DR Computer Contracts 400.00 01 365( 01 672810 CR ui ment - Electronic 350.00 01 365( 01 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. I'rcpi`rcc313Jr DateF; z I { - kil,c 2'1972003 'll , 1I -A o~'ul1.33 ll~t{cr`.~ VOL S~PAGE $ C- . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-11.3 12/23/2003 FD DI ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease .Cool 65 00 720300 Dr. Architectual Services 100,000.00 .Cool 490280 Cr. Transfer fin General fund 100,000.00 01 1 910650 Dr. Transfer to Recreating B/Ct 100,000.00 01 11 015 611300 Cr. Contingency 100,000.00 Recre tin Brazos Center To set the accounting in order to a the arc hitectual services relating to the anticip ated new Brazos Center bld located at the Expo Center cite. P clea red I3 ni6v APPra~ cd I3} tz Date 2119I203' - Date F 1- I VOL L'I PAGE 181 ~n PERSONNEL CHANGE OF STATUS COTPRT DATE: December 23, 2003 DE RTMENT: Personnel PU14POSE:NEENS Personnel Change of Status EN MENEEN DEP RTMENT NAME EMPLOYEE NAME ACTION REQUESTED ■ ■ ■ t ■ TION JONES V, ARTHUR R. DISCHARGED 40LOGY HOLLAND, JR., WILLIAM NEW HIRE - FULL TIME CO Y AUDITOR SODOLAK, JR., CHARLES RESIGNATION 3611T DISTRICT COURT TUMLINSON, TED RETIREMENT WAGER, TROY NEW HIRE - FULL TIME SHE F'S OFFICE/JAIL FERNANDEZ, GABRIEL ORDERED TO ACTIVE MILITARY DUTY GLEN, HAYES RESIGNATION SAENZ, BENJAMIN RESIGNATION SIGNOR, MOLLIE RETIREMENT Approved in Commissioners' Court: Coun y Judge's or Commissioner's S (This copy to be attached to minutes) Connecting Customers 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 Order Da e. Effective Date: No 0 ZO&ZZ021 d . Service LWation: {.w: nvv r ,y h. ...~r•:•• w ,yr;~r:• }Y{'~•..2:.. ..:J{r'{{' • ..4 Qti ~ •;C ~ {fr} Ci•:3v.} S:.i•::.v. ...::::::v:: Bill o .~i i Name ; : %v:4 :?$::;:i ti :w :::w::: m::•;::: :{^:?•}:•}}}}:•:•}:¢}:•}:4:1, Name e Ya265, cou n v r II 4 Addrefis q SufteBidg. ~ (C o dress Suite/Bldg. Clty/State2ip r County Cijy/State/Zip County r Contact 41 Phone 7 g aZ S Co ct Phone I ^ r , - M 9 - 3 6 a.9` Hours of Ope tion: Fax # Q V Term of Agreement Lease Term. ::.•x.vf.•.{y1:.';Y::v'• .i(~ii.{}' ::v q~' .Ilr: v.•%:..•." . . . K.•. :vri:•• :}~:,:{.r" 'y 4]C4j%'.•.w v.~. • . ;'f ' ~t.~}.•~1.r... } r+• VOL 51 PAGE 193 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPAR MENT Road and Bridge NUMBER 560010 DATE F COURT MEETING: December 23. 2003 ITEM: Consider and take action on acknowledgment and execution of the Settlement A reem nt and Release between Brazos County and Gene and Bettv Zulkowski for of riqht of wav for the proposed new SOURC OF FUNDS: N/A AI TCQ/CVhC~TIrlA1Q. SUBMITTED BY: t / ue I 2. Richard . Vance, P.E. County Engineer 0003-1 4 APPROVED BY: x & 1z.4 Y, Z-, e, lex Commissioner Eric Cal well Precinct 1 This Request is Approved or Denied by Commissioners, Court Date: 2'-. fir,.n h"-I-Cza idy SjKs, County Judge VOL 5i PAGE I SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into by and BRAZOS COUNTY, TEXAS, (hereinafter called "COUNTY"); and GENE )WSKI and - wife, BETTY JEAN ZULKOWSKI, (hereinafter referred to as for themselves and their respective successors, heirs and assigns, to compromise and sett all actual and potential disputes between them. WBEREAS, the COUNTY while working on the constriction of a new County roadway, inadveil tly and by accident went upon property owned by ZULKOWSIQ and 'WMREAS, 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 WFEREAS, the COUNTY is agreeable to settling such trespass claims without litigation. OW, THEREFORE, for and in consideration of the promises, terms and conditions herein stated, d 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 THOUS AND AND N01100 DOU ARS ($1,000.00), cash in hand paid the receipt and sufficiency of which is hereby acknowledged by ZULOWSIG, all hereby agree as follows: ZULOWSKI does hereby release and forever discharge COUNTY, its successors, assigns, loyees and representatives from any and all claims, demands, actions and causes of action o whatever nature, whether known or unknown, which ZULOWSKI might now have, or may ha in the future, against COUNTY, based in whole or in part on, or arising out of the COUNT 'S trespass upon ZULOWSKI'S property. VOL the By: 2. The parties understand and acknowledge that each one of them is entering into this ent only to compromise and settle actual and potential disputes between them and not as an 'on of liability of any kind or character. ss, 3., The parties recognize this to be a full, final and complete settlement which contains a ' understanding and agreement between them and supersedes all other written or oral i ions between them or their representatives. EFFECTNE Us ~S day of -DeCe n . 2003. 4T: BRAZOS COUNTY TEXAS McQueen, County Clerk By: County Judge BETTY ZULO KI 2 Mrj~_PG_.) ~lP VOL