NOTICE OF MEETING OF COMMISSIONERS’ COURT OF BRAZORIA COUNTY, TEXAS Notice is hereby given that a Regular Meeting of the Commissioners’ Court of Brazoria County, Texas, will be held at 9:00 a.m. on Tuesday, the 14th day of December, 2004, in the First Floor Commissioners Courtroom, County Courthouse, Angleton, Texas. At said meeting the Court will deliberate, discuss, consider and/or take final action on any or all of the following matters: AGENDA I. Call to order II. Roll Call III. Invocation and Pledge of Allegiance by County Judge John Willy IV. Approval of Minutes of the Meeting of November 10, 2004 V. New Business: A. CONSENT AGENDA – ITEMS 1 - 17: 1. 2. County Judge: a. Approve General Certificate of Local Government Unit related to the issuance of Multifamily Housing Revenue Bonds by the Southeast Texas Housing Finance Corporation b. Approve appointments to the Transportation Policy Council & Technical Advisory Committee for 2005 Commissioner Precinct 1: a. Set public hearing regarding application for tax abatement – BASF Commissioners Court Agenda – December 14 , 2004 Page 1 Corporation for January 25, 2005 at 9:00 a.m. b. 3. Commissioner Precinct 2: a. 4. 6. Approve re-appointment of Janet Parker to the Brazoria County Children’s Protective Services Board for the term beginning 1/1/05 through 12/31/07 County Clerk: a. Approve Agreement between JP 4/1 and the County Clerk transferring the registry of births and deaths b. Approve Agreement between JP 4/2 and the County Clerk transferring the registry of births and deaths Tax Assessor – Collector: a. 7. Approve the re-appointment of Kay Patterson to the Brazoria County Children’s Protective Services Board for the term beginning 1/1/05 through 12/31/07 Commissioner Precinct 4: a. 5. Approve the re-appointment of Janie Gonzales to the Brazoria County Children’s Protective Services Board for the term beginning 1/1/05 through 12/31/07 Approve sale of properties held in trust: 1. 908 W. Sidnor Street, Alvin, Block 21, lot 3, W/10th lot 2 Acct. #1235-0083-000 $6,800.00 2. Rice Street, Alvin, Flecha Roja, Block 2, lot 1-2 Acct. #4125-0006-000 $6,520.00 3. Creekside, A0126 Lake Alaska, Block Q, lot 70 Acct. #5760-1970-000 $500.00 4. Hudspeth, A0302 Lindell Estates, Block 4, lot 28 Acct. #6220-0145-000 $1,500.00 5. Willow, A0020, Div. 13, River Bend, Block 3, lot 16 Acct. #7285-0079-000 $6,000.00 Treasurer: Commissioners Court Agenda – December 14 , 2004 Page 2 a. 8. Airport: a. 9. 10. 11. Approve Monthly Report – November, 2004 Auditor: a. Approve checks payable through Monday, December 13, 2004 b. Authorize the County Judge and the County Auditor to pay bills through Monday, January 10, 2005 c. Approve Line Item Transfers d. Record new budgets for other funds CDBG/HOME/ESG Program: a. Conditional approval of applicants for homebuyer assistance under the Brazoria County First Time Homebuyer Program in an amount not to exceed $5,000. b. Conditional approval of applicants for home rehabilitation /reconstruction assistance under the Brazoria County HOME Program c. Conditional approval of applicants under the Brazoria County OnSite Sewage Program in an amount not to exceed $10,000. Housing Authority and Welfare Department: a. 12. Approve Treasurer’s Monthly Report and Monthly Investment Report Approve Monthly Indigent Report – November, 2004 Juvenile Probation Department: a. Approve 2004-2005 Contract for Education of Non-Resident Students between BISD, Rosebud-Lott ISD and the Brazoria County Commissioners Court Commissioners Court Agenda – December 14 , 2004 Page 3 13. 14. Library Administration: a. Approve appointment to the Brazoria County Library Board to represent West Columbia b. Approve the Brazoria County Library System’s Technology Plan c. Approve Agreement between Brazoria County and the Texas State Library And Archives Commission for the Lone Star Libraries Grant in an amount not to exceed $26,573 (no County match required) Mosquito Control District: a. 15. 16. Approve Monthly Report – October, 2004 Parks Department: a. Approve Monthly Report – October, 2004 b. Approve Amendment No. 3 to Interlocal Cooperation Agreement for Surfside Jetty Park Purchasing Department: a. Approval to advertise for ITB #05-29 Purchase of one or more dump trucks – tandem & bobtail for the Road and Bridge Department b. Approval to advertise for ITB #05-32 Phase II Sediment Clean Up – Abatement at 2105 Frontage Road in Clute c. Approval to advertise for ITB #05-04 Construction of Airport Hangar – Mosquito Control d. Approval to advertise for ITB #05-33 Purchase of one or more vehicles for County use – Sheriff’s Office e. Approval to advertise for ITB #05-35 Purchase of reclaimer / stabilizer for South Service Center Commissioners Court Agenda – December 14 , 2004 Page 4 17. f. Approval to advertise for ITB #05-31 Self-check out system for library in Pearland g. Approval to advertise for bids for excavation services at Resoft County Park (Funds available from a Federal grant) h. Approval to sell a surplus trailer house in Manvel via electronic auction Road and Bridge Department: a. Approve projects under blanket Interlocal agreements for direct assistance to cities and towns b. Approve Interlocal Agreement with the Columbia – Brazoria ISD to construct a new walking track at Wild Peach Elementary School (Pct. 4) c. Correct Order #22 dated October 26, 2004 for Silvercreek, Section 6 (Pct. 2) d. Approve variance request for Village Lakes Section 1, Abstract 526 (Pct. 2) e. Approve variance request for division of Matt Dillon tract in Abstract 144 (Pct. 2) f. Authorize County Engineer to negotiate the resolution on bridge replacement under Federal Off System Bridge Program g. Final acceptance of the Brazoria County Drainage Criteria Manual h. Approval to set public hearing regarding bridge load limits resulting from BRINSAP inspections for Tuesday, January 11,2005 in the Commissioners Courtroom i. Approval to set public hearing regarding regulatory signs for the Road and Bridge Department for Tuesday, January 11, 2004 in the Commissioners Courtroom j. Consider Interlocal agreement with Drainage District No. 11 to allow use of County road rights of way for drainage projects (Pct. 4) ___________________________________________________________________________ Commissioners Court Agenda – December 14 , 2004 Page 5 _________ B. Commissioner Precinct 1: 1. C. D. E. Consider order amending Court Order #27 of 5-13-03 regarding commencement date of BASF Corporation tax abatement (Super Absorbent Polymers manufacturing facility) Commissioner Precinct 4: 1. Conduct public hearing and consider approval of Application For Tax Abatement – ConocoPhillips Company 2. Discussion and possible action regarding the County’s participation in the Jamison Medical Complex Tax Increment Reinvestment Zone District Attorney: 1. Consider extension of cadaver transport contract with Carnes Funeral Home for an additional 12 month period or authorize the Purchasing Agent to advertise for and receive bids for cadaver transport 2. Approve amendments to the Guidelines & Criteria on Tax Abatement Airport: 1. Approve Commercial Lease between the County and Air Logistics, LLC for occupancy of 9,300 s f. of hangar / office space at the South Heliport Building beginning January 1, 2005 through December 31, 2009 for the amounts as follows: 1-1-05 through 12-31-05 1-1-06 through 12-31-06 1-1-07 through 12-31-07 1-1-08 through 12-31-08 1-1-09 through 12-31-09 2. $3,000 $3,100 $3.200 $3,300 $3,400 mo. mo. mo. mo. mo. Approve adoption of (1) Uniform T-Hanger / Tie-down Lease Agreement, (2) Rules and Regulations, and (3) Minimum Standards for the Brazoria County Airport, authorizing the District Attorney’s Office to enforce same, and providing notice that current T-Hangar/ Tie-Down tenants will be required to enter into the revised lease Commissioners Court Agenda – December 14 , 2004 Page 6 F. G. Auditor: 1. Approve renewal of agreement for Arbitrage Rebate Compliance Services between Brazoria County and First Southwest Asset Management, Inc. 2. Approve budget amendments – Additional funds CDBG/HOME/ESG Program: 1. H. Facilities Management: 1. I. J. Conduct public hearing and consider approval of requests regarding CDBG, HOME, and ESG Funds Approve third extension of Commercial Lease Agreement with Johnnie Lowe for 2,050 s.f. of office space at 20351 S.H. 6 in Manvel in the amount of $2,600 per mo. beginning Jan. 1, 2005 through December 31, 2005 Groundwater Conservation District: 1. Approve payment of invoice from Allen Boone Humphries LLP in the amount of $2,755.53 for services rendered as approved by the Board of Directors of the Brazoria County Groundwater Conservation District 2. Approve payment of invoices from URS Corporation in the amounts of $1,770.00 and $4,730.25 for services rendered as approved by the Board of Directors of the Brazoria County Groundwater Conservation District Human Resources Department: 1. Consider approving a cost-of-living based increase in monthly retirement benefits for County retirees and beneficiaries under the TCDRS 2. Consider approval of bilingual pay for county employee who serves as a translator 3. Consider approval of the annual update to the County’s Alternate Plan to Social Security for eligible County employees 4. Approval to engage G. P. Monin Consulting, Inc. to provide Brazoria County with a Funding Analysis and Governmental Accounting Standards Commissioners Court Agenda – December 14 , 2004 Page 7 Board rule on Other Post Employment Benefits Analysis for an amount not to exceed $18,000. K. 5. Approve Overtime Reports for the months of September & October, 2004 6. Approve recommendation by the Compensation Review Committee pay changes for eligible employees 7. Authorize First Financial Benefits to extend Dental and Vision Plan Coverage to County employees Information Systems: 1. L. Approve Contract with H-GAC to provide a private switch for enhanced 911 service for the County Purchasing Agent: 1. Approve and authorize the engagement of Gerald Andrews and Victory Insurance Agency as consultant and agent for purposes of procuring all insurance needs of Brazoria County and authorize the Purchasing Agent to publish notice of requests for proposals for Property / Windstorm coverage, Public Officials insurance and Law Enforcement Liability 2. Approval to rescind Court Order #33 of 8-27-04 and issue change order to increase award in the amount of $8,502.00 to Bearcom Wireless for additional security equipment at the Airport 3. Approval to award ITB #05-08 Construction of Manvel Office Center to Dycor, Inc., of Pearland, Texas in the amount of $685,320.00 4. Approval to award RFP #05-07 Group Medicare Supplement for Brazoria County to United Healthcare of San Antonio for the AARP Plan J Benefit (recommended by C-CBS and the Insurance Committee) 5. Approval to award ITB #05-10 Phase II Nuisance Abatement – 2105 Frontage Road in Clute to Vernor Material & Equipment Co. of Clute in the amount of $65,000.00 6. Approval to award ITB #05-24 Abatement of nuisance property located on Commissioners Court Agenda – December 14 , 2004 Page 8 FM 522 in Brazoria to Vernor Material & Equipment Co. of Clute in the amount of $30,566.00 M. 7. Approval to enter into contract negotiations with Chiang, Patel & Yerby, Inc. of Houston for design and construction inspection on RFSQ #05-19 Replacement of Bridge on CR 290 at Oyster Creek (Pct. 4) 8. Approval to renew RFSQ #02-20 Food Service Operation for the Brazoria County Courthouse with Soda Shoppe of Lake Jackson for an additional 12 month term beginning 1/1/05 – 12/31/05 9. Approve Sole Source Purchase of services from Landata Technologies, Inc. for County Clerk plat imaging replacement in the amount of $2,500.00 10. Approve price increase of 5% to Cleveland Asphalt Products of Shepherd, Texas for ITB #04-51 Asphalt Oil and Emulsions for the Road and Bridge Department 11. Approve sale of surplus 1996 Dodge 1 ton, 15 passenger van in inoperable condition, from the Airport to the City of Freeport in the amount of $50.00 12. Approve price increase to Oil Patch – Brazos Valley, Inc., for ITB #04-14 Oil & Lubricants 13. Approve a 5% price increase to Silva Building Specialists, Inc. for ITB #02-59 Janitorial Services 14. Approve Sole Source purchase of services from Peoplesoft, Inc., for the purchase of software, maintenance and training Road and Bridge Department: 1. Consider acceptance of right of way dedication along County Roads 59 and 94 (Pct. 2) 2. Approve Reimbursement Resolution Expressing Intent To Finance Expenditures To Be Incurred for mobility projects 3. Approve Proposal for Engineering Services with Barhnart Engineering in the amount of $70,635.65 to recommend repairs needed to 11 county bridges Commissioners Court Agenda – December 14 , 2004 Page 9 4. Approve Agreement for Engineering Services to JNS Consulting Engineers, Inc., in the amount of $56,100.00 to study right of way for CR 48 and CR 58 5. Amend Court Order # 44 of 9-27-04, authorizing the County Engineer to approve closure of a section of CR 454 (Pct. 4) 6. Consider consent to replat or abandon a platted right of way by the City of Alvin (Pct. 3) VI. Announcements: VII. Closed Meeting: The Commissioners Court will conduct a closed meeting under the following section or sections of V.T.C.A. Government Code, Chapter 551, subchapter D.; (After which the Court will reconvene in open session and may take any action deemed necessary based on discussion in closed meeting.) A. B. Texas Government Code, Section 551.071 - Consultation with attorney in respect to pending or contemplated litigation, settlement offers, and matters where duty of public body's counsel to client, pursuant to code of professional responsibility of the State Bar of Texas, clearly conflicts with this chapter. 1. Specialty Polymer Coatings, USA, Inc., RZ No. 1 2. Alside Division of Associated Materials, Inc., RZ No. 1 3. Consider request for authorization to file suit 4. Consider approval of additional authority for attorney’s fees in regard to the Pearland - Manvel Landfill matter Texas Government Code, Section 551.072 – Deliberation concerning the purchase, exchange, lease, or value of real property. 1. Consider authorizing County Judge to negotiate a re-platting of Ash Street Square Commissioners Court Agenda – December 14 , 2004 Page 10 VIII. Adjourn John Willy Brazoria County Judge The Brazoria County Commissioners Court is committed to compliance with the Americans with Disabilities Act (ADA). Reasonable accommodations and equal opportunity for effective communications will be provided upon request. Please contact the Office of the County Judge at (979)-864-1200 at least 24 hours in advance if accommodation is needed. NOTE: ITEMS WILL NOT NECESSARILY BE PRESENTED IN THE ORDER THEY ARE POSTED Commissioners Court Agenda – December 14 , 2004 Page 11