BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 299
BE IT REMEMBERED THAT ON THIS THE 14TH DAY OF SEPTEMBER
2004, THERE WAS BEGUN AND HOLDEN A REGULAR SESSION OF
COMMISSIONERS’ COURT WITH THE FOLLOWING MEMBERS
PRESENT:
JOHN WILLY COUNTY JUDGE
DONALD “DUDE” PAYNE, COMMISSIONER, PRECINCT #1
JAMES D. “JIM” CLAWSON, COMMISSIONER, PRECINCT #2
L.L. STANLEY, COMMISSIONER, PRECINCT #4
JOYCE HUDMAN, COUNTY CLERK
and the following proceedings were had:
ORDER NO. 1
RE:
INVOCATION & PLEDGE ALLEGIANCE
Judge Willy convened this Special Session of Commissioners’ Court at
9:00 A.M. and Commissioner Stanley led the audience in the invocation and
pledge allegiance.
ORDER NO. 2
RE:
APPROVING PREVIOUS COMMISSIONERS
COURT MINUTES
Motion by Commissioner Payne, seconded by Commissioner Clawson,
that the following Commissioners’ Court Minutes dated AUGUST 24, 2004 be
approved as presented.
Motion carried, all present voting aye.
FORMAL REPORTS:
A.
Mike Darlow of Perdue, Brandon, Fielder, Collins & Mott LLP –
Quarterly report regarding the collection of delinquent taxes and
fines and fees
B.
Bill Merrill of LAN/Leo A. Daly – Interim report regarding multi –
purpose facility
CONSENT AGENDA:
ORDER NO. 3
RE:
APPROVE RE-APPOINTMENTS TO THE BOARD OF
TRUSTEES FOR THE GULF COAST CENTER
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve the following re-appointments to the Board of Trustees for the
Gulf Coast Center for an additional two-year term:
1.
Winston Avera
2.
Mary Lou Flynn-Dupart
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 300
ORDER NO. 4
RE:
RATIFY APPOINTMENTS BY GALVESTON COUNTY
TO THE BOARD OF TRUSTEES OF THE GULF
COAST CENTER
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Ratify the re-appointments of (1) James T. Floyd (2) Gerald Mitchell and
(3) David Walker to the Board of Trustees of The Gulf Coast Center by the
Commissioners’ Court of Galveston County on August 26, 2004, for the term to
expire on August 31, 2006.
Motion carried, all present voting aye.
ORDER NO. 5
RE:
NOTICE OF SUBRECIPIENT AWARD FOR FY 2004
URBAN AREA SECURITY INITIATIVE
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve Notice of Subrecipient Award for FY 2004 Urban Area Security
Initiative in the amount of $450,000.00 and authorize the County Judge to sign
the Notice and all related documents on behalf of Brazoria County.
Motion carried, all present voting aye.
ORDER NO. 6
RE:
GULF COAST REGIONAL SPACEPORT
AUTHORITY DEVELOPMENT CORPORATION BYLAWS
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve/amend the By-Laws of the Gulf Coast Regional Spaceport
Authority Development Corporation.
Motion carried, all present voting aye.
ORDER NO. 7
RE:
APPROVE APPOINTMENTS TO THE CHILDREN’S
PROTECTIVE SERVICES BOARD – PCT. 1
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve the following appointments to the Children’s Protective Services
Board to fill unexpired terms of members who have resigned.
1.
Vicki Anderson
2.
Mary Castillo Sneed
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 301
ORDER NO. 8
RE:
SET PUBLIC HEARING REGARDING APPLICATION
FOR TAX ABATEMENT – FREEPORT LNG
DEVELOPMENT LP
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Set the date for the public hearing regarding the Application for Tax
Abatement for FREEPORT LNG DEVELOPMENT LP for 9:00 a.m. on Tuesday,
the 26th day of October, 2004 in the Commissioners’ Courtroom, Room 101A,
County Courthouse, Angleton, Texas.
Motion carried, all present voting aye.
ORDER NO. 9
RE:
APPROVE DEPUTATION OF EMPLOYEES FOR
THE COUNTY CLERK’S OFFICE
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Office:
Approve the deputations of the following employees of the County Clerk’s
1.
D. Tolbert
2.
T.J. Lerma
3.
K. Laster
Further, that a certified copy of this Order be sent to the County Clerk’s
Office.
Motion carried, all present voting aye.
ORDER NO. 10
RE:
ALTERNATE ELECTION JUDGE APPOINTMENT
FOR PRECINCT 60 AND 44
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following be appointed as Alternate Election Judge for Precinct 60 and 44,
for the remainder of the unexpired term ending July 31, 2005.
PRECINCT 60 – Alternate Election Judge
Janet Clemenson, 3130 E. Webber Drive, Pearland, Texas
(D-ALTERNATE JUDGE)
PRECINCT 44 - Alternate Election Judge
Marisol Torres, 605 E. Plum, Angleton, Texas 77515
(R-ALTERNATE JUDGE)
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 302
ORDER NO. 11
RE:
APPROVAL OF INTERJURISDICTIONAL MUTUAL
AID AGREEMENT FOR BRAZORIA COUNTY
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
The Court takes the following action:
1.
The Court approves the Mutual Aid Agreement between Brazoria
County, Texas and all municipal corporations, political
subdivisions and public entities located within or partially within
Brazoria County, Texas and participating in the Brazoria County
Cooperative Emergency Management Plan. A copy of the
agreement is attached hereto as Exhibit “A”.
2.
The County Judge is authorized to execute the Interjurisdicitional
Mutual Aid Agreement.
Motion carried, all present voting aye.
ORDER NO. 12
RE:
CONSIDER APPROVAL OF INTERLOCAL
AGREEMENT FOR GERIATRIC PSYCHIATRIC
SERVICES WITH MATAGORDA COUNTY
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
1.
The Court approves the attached Interlocal Agreement for
Geriatric Services with Matagorda County.
Motion carried, all present voting aye.
ORDER NO. 13
RE:
TREASURER’S MONTHLY REPORT AND
MONTHLY INVESTMENT REPORT FOR AUGUST
2004
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve Treasurer’s Monthly Report and Monthly Investment Report - for
August 2004.
Motion carried, all present voting aye.
ORDER NO. 14
RE:
REQUEST FOR WAIVER OF PENALTY AND
INTEREST ON TAXES
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve the Waiver of Penalty and Interest on those accounts as shown
on the Attached “Exhibit A”. Amount requested for waiver:
County General Fund
Road & Bridge
Total
$851.90
$149.01
$1000.91
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 303
Pursuant to Section 33.011 Texas Property Tax Code
Motion carried, all present voting aye.
ORDER NO. 15
RE:
BRAZORIA COUNTY AIRPORT MONTHLY REPORT
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve the Brazoria County Airport Monthly Report for the month of
AUGUST, 2004.
Motion carried, all present voting aye.
ORDER NO. 16
RE:
APPROVING ACCOUNTS PAYABLE
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following checks payable through SEPTEMBER 13TH, 2004 be approved as
presented: #83592 THROUGH #84554.
Motion carried, all present voting aye.
ORDER NO. 17
RE:
RECORD BUDGETS FOR OTHER FUNDS: FY2004
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the Brazoria County Fund activity items listed in the detail below be amended
in accordance with Local Government Code 111.011 FY 2004:
D A Supplemental
400000 (Salaries/Benefits)126 260 $800
Record additional budget expenditures for the District Attorney Supplemental
fund. Reserve funds are available for the expenditures.
Sheriff Contraband Forf 420000 (Operating)
130 430 $15,000
Record additional budgeted expenditures for Sheriff Contraband Forfeiture fund.
Reserve funds are available for the expenditures.
Narcotics Task Force
420000 (Operating)
131
430 $94,000
Record budget for the Brazoria County Narcotics Task Force fund. Reserve funds
are available for the expenditures.
Sheriff Commissary
420000 (Operating)
132
450000 (Capital)
132
450000 (Capital)
132
Record budget adjustments for the Sheriff Commissary fund.
available for the expenditures.
CJD
Juvenile Incentive Block
400000
333800
390127
390100
700000
(Salaries/Benefits)242
(Grant Revenue) 242
(Trans from Forf) 242
(Trans from G.F.) 242
(Trans to Oth Fnd)100
2003 Cert of Obli, I & S
430
$40,000
430 ($15,000)
500
$15,000
Reserve funds are
260
260
260
260
260
$61,189
($26,324)
($2,451.90)
($32,413.10)
$32,413.10
310000 (Tax Revenue)
460 149 ($978,663)
500000 (Debt Service)
460 149 $959,841
Record budget for the 2003 Certificates of Obligation, Interest and Sinking fund
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 304
ORDER NO. 18
RE:
CONDITIONAL APPROVAL OF APPLICANTS FOR
HOMEBUYER ASSISTANCE UNDER THE
BRAZORIA COUNTY FIRST TIME HOMEBUYER
PROGRAM IN AN AMOUNT NOT TO EXCEED
$5,000
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Conditionally approve the following applicants for homebuyer assistance
under the Brazoria County First Time Homebuyer Program in an amount up to
$5,000 and authorize the County Judge to execute homebuyer agreements with
the applicants.
Applicant
Property to be Purchased
Daniel Pena
Dawn Crawley
Michael & Diane Mendoza
Bryan & Elizabeth Dodds
Amber Purkey & Michael Pisklak
502 Hinken, Clute 77531
219 Fathom (CR 730C), Liverpool 77577
621 Hollyhock St, Richwood 77531
102 Ringgold, West Columbia 77486
17400 CR 489, Brazoria 77422
Motion carried, all present voting aye.
ORDER NO. 19
RE:
CONDITIONAL APPROVAL OF APPLICANTS
UNDER THE BRAZORIA COUNTY ON-SITE
SEWAGE PROGRAM IN AN AMOUNT NOT TO
EXCEED $10,000
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Conditionally approve the following applicants for on-site sewage
replacement under the Brazoria County On-site Sewage Program in an amount
up to $10,000 each and authorize the County Judge to execute homeowner
agreements with the applicants.
Applicant
Property
Lillie Beasley
Orah B. Mears
16430 CR 897, Rosharon 77583 (Pct 4)
3052 CR 347, Brazoria 77422 (Pct 4)
Motion carried, all present voting aye.
ORDER NO. 20
RE:
INTERGOVERNMENTAL AGREEMENT BETWEEN
BRAZORIA COUNTY AND HOUSTON – GALVESTON
AREA COUNCIL FOR 911 DATABASE
MAINTENANCE PROJECT FY 2005
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approval of Intergovernmental Agreement Addendum between Brazoria
County and Houston – Galveston Area Council for 911 Database Maintenance
Project fiscal year 2005 in the amount of $50,457.00.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 305
Further, that the County Judge John Willy is authorized to execute
necessary documents in this regard and that a certified copy of this order be
sent to Penny Goode, Floodplain/911 Administrator to forward originals to
Houston – Galveston Area Council for approval.
Motion carried, all present voting aye.
ORDER NO. 21
RE:
BEACHFRONT CONSTRUCTION PERMIT –
TREASURE ISLAND MUD (TIMUD) EROSION
CONTROL PROJECT
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
upon recommendation of the Dune Protection Committee that permission is
granted to create new sand dunes for an area in the Treasure Island S/D that
has suffered severe erosion in the last year from extreme high tides. Treasure
Island’s request is in consistency with the Brazoria County Dune Protection and
Beach Access Plan as approved by the General Land Office.
This project is necessary to protect the TIMUD infrastructure such as its
water plant and piping system along with the dunes on the landward side from
possible storm surge damage of this hurricane season. The TIMUD proposes to
place 4’ x 5.5’ hay bales approximately 500 ft along private property and not in
the open beach area. Snow fence will be placed landward of the project for
further protection.
Beach access will be available from access #1 and #2 and project does
not affect any open beach area. Documentation of the project will be made by
the TIMUD for future study.
Further, that a certified copy of this order be sent to the County
Floodplain Administrator.
Motion carried, all present voting aye.
ORDER NO. 22
RE:
APPROVE DEPARTMENT OF STATE HEALTH
SERVICES DOCUMENT – IMMUNIZATIONS
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve Department of State Health Services (formerly Texas Department
of Health) Document No. 7460000445 2005 Contract Change Notice No. 4,
attachment No. 01B: Immunization Division – locals. Further, that the County
Judge be authorized to sign said document on behalf of Brazoria County.
Motion carried, all present voting aye.
ORDER NO. 23
RE:
DEPARTMENT OF HEALTH SERVICES CONTRACT
FOR BIOTERRORISM PREPAREDNESS
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve DSHS Document No. 7460000445 2005 Att. No. 04 Contract
Change Notice No. 5: OPHP Bioterrorism Preparedness.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 306
ORDER NO. 24
RE:
FY 2005 LOCAL PUBLIC HEALTH PREPAREDNESS
APPLICATION AND WORK PLAN
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve the FY 2005 Local Public Health Preparedness Application and
Work Plan for funds in the amount of $365,872 for the project period beginning
September 1, 2004 and ending August 31, 2005. Further, that the County
Judge be authorized to sign the Application and all related documents on behalf
of Brazoria County.
Motion carried, all present voting aye.
ORDER NO. 25
RE:
INTERLOCAL RENEWAL APPLICATION FOR
IMMUNIZATION SERVICES 2005
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve the Brazoria County Health Department’s Interlocal Renewal
Application for Immunization Services 2005. Further that the County Judge be
authorized to sign the Application and all related documents on behalf of
Brazoria County.
Motion carried, all present voting aye.
ORDER NO. 26
RE:
BRAZORIA COUNTY WELFARE DEPARTMENT
MONTHLY INDIGENT REPORT
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Accept the Brazoria County Welfare Department Monthly Indigent Report
for the month of August, 2004.
Motion carried, all present voting aye.
ORDER NO. 27
RE:
CONSIDER CLAIMING EXEMPTION OF THE
COUNTY’S EMPLOYEE BENEFIT (HEALTHCARE)
PLAN FROM CERTAIN PROVISIONS OF THE
HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT (HIPAA), FOR THE PLAN
YEAR BEGINNING OCTOBER 1, 2004 AND
ENDING SEPTEMBER 30, 2005
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 307
Inasmuch as the county’s Employee Benefit (healthcare) Plan for the plan
year beginning October 1, 2004 and ending September 30, 2005 will be a selffunded, non-federal government plan that does not include insurance coverage,
it is recommended that a claim of exemption of the Plan from certain provisions
of the Health Insurance Portability and Accountability Act (HIPAA) be approved;
to include exemption from the requirements regarding limitations on preexisting conditions and exclusion periods, special enrollment periods for
individuals (and dependents) losing coverage, parity in the application of
certain limits to mental health benefits, standards relating to benefits for
mothers and newborns and other requirements of the Act, as applicable.
Motion carried, all present voting aye.
ORDER NO. 28
RE:
MAIL ROOM PROCEDURES
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Request the approval of the new Mil Room Procedures.
Motion carried, all present voting aye.
ORDER NO. 29
RE:
APPROVE BRAZORIA COUNTY LIBRARY
SYSTEM’S ADVISORY BOARD’S BY LAWS
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
The Brazoria County Library System Advisory Board requests that Court
approve their Amended By Laws.
Motion carried, all present voting aye.
ORDER NO. 30
RE:
PERMISSION TO CANCEL AND RE-BID ITB #04-70
CONCRETE MATERIALS FOR BRAZORIA COUNTY
FACILITIES
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
upon recommendation of the County Purchasing Agent, the Court cancel ITB
#04-70 Concrete Materials for Brazoria County Facilities. No bids were received.
Permission to re-bid is requested.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 308
ORDER NO. 31
RE:
APPROVE PROJECTS UNDER BLANKET
INTERLOCAL AGREEMENTS FOR DIRECT
ASSISTANCE TO CITIES AND TOWNS
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
pursuant to provisions of Ch. 251.012, Transportation Code, as amended by act
of the State legislature on May 26, 1999, this Court hereby finds that the
County will receive benefit as a result of the work on the streets or alleys listed
below; and the following projects are approved to be completed as Road and
Bridge Department schedules permit, and with all materials furnished by the
cities, in accordance with Interlocal agreements approved by the Court and the
applicable City Councils.
Further, that the County Engineer is authorized to sign acceptance
statements for the approved projects at the appropriate time and to authorize
the work.
Further, that a certified copy of this order be furnished to the County
Engineer.
CITY
Holiday Lakes
Manvel
Quintana
DESCRIPTION OF PROJECT
Set culverts:
 106 O’Malley
Set culverts:
 Alleluia Trail (side of property
located @ 8203 Kirchner)
Set culverts:
 Holly Street (between 2nd and 5th
St.)
APPRVD
DISAPP
Motion carried, all present voting aye.
ORDER NO. 32
RE:
INTERLOCAL AGREEMENT WITH THE BRAZORIA
COUNTY CONSERVATION AND RECLAMATION
DISTRICT NO. 3 TO REPLACE BRIDGE AT
DISTRICT’S DITCH ON COUNTY ROAD 377 (PRECINCT 3) (B04-0016)
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the Interlocal Agreement with the Brazoria County Conservation and
Reclamation District No. 3 be approved to replace the timber bridge on County
Road 377 over Chocolate Bayou Tributary (AA07-79-001), pursuant to Texas
Transportation Code Sec. 251.015, and the Interlocal Cooperation Act, Tex.
Gov. Code Sec. 791.001 et. Seq.
Further, that under the terms of the Agreement, attached as Exhibit A,
1. The District agrees to furnish labor and equipment as necessary to
remove and replace the bridge per county specifications.
2. The County agrees to furnish all material necessary for said bridge
replacement, and rebuild the roadway upon completion.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 309
The County Judge is authorized to sign the above-referenced Interlocal
Agreement on behalf of the County.
Further, that a certified copy of this order shall be forwarded to the
County Engineer.
Motion carried, all present voting aye.
ORDER NO. 33
RE:
CONDITIONAL ACCEPTANCE OF ROADS –
SOUTHFORK – SECTION 3 (PRECINCT 4)
(ABSTRACT 540)
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Whereas, the plat of Southfork – Section 3, Abstract 540 was approved
by the City of Manvel on July 14, 2003 and filed for record in volume 23, pages
371-374, of the Brazoria County plat records, and
Whereas, the roads serving this section have now been constructed in
accordance with the Brazoria County Subdivision Regulations,
Therefore, those roads listed below shall be accepted conditional upon
completion of a one-year period of maintenance at the expense of the owner,
and said one-year period shall begin this date.
CR
CR
CR
CR
566N
566W
566X
566Y
Ranchland Lane (ext’n)
Longhorn Circle
Brahman Drive
Hereford Circle
443 ft. or 0.084 mi.
2397 ft. or 0.454 mi.
1711 ft. or 0.324 mi.
1205 ft. or 0.229 mi.
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
ORDER NO. 34
RE:
FINAL ACCEPTANCE OF ROADS – STONERIDGE
LAKES SECTION 1 – ABSTRACT 238
(PRECINCT 4)
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Whereas, the streets listed below were dedicated to the public on the plat
of Stoneridge Lakes, Section 1 at Silverlake, Abstract 238, which was approved
by Commissioners Court on June 24, 2003 and filed for record in volume 23,
pages 353-356 of the Brazoria County plat records, and
Whereas, said streets were completed in June, 2003 in accordance with
the Brazoria County Subdivision Regulations, and were conditionally accepted
by Commissioners Court Order No. 22 of June 24, 2003, and
Whereas the period of maintenance has been successfully completed,
said streets shall be accepted into the County Road System for maintenance,
and the developer's bond be returned.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 310
CR 713E
CR 713F
CR 713G
Stoneridge Boulevard
Lake Ridge Circle
Stone Trace Circle
404 ft. or 0.077 mile
2,811 ft. or 0.532 mile
809 ft. or 0.153 mile
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
ORDER NO. 35
RE:
APPROVE REVISION NO. 2 TO THE ANNUAL
ROAD PLAN FOR FY 2004
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
Revision No. 2 to the Annual Road Plan for FY 2004 be approved as follows:
Change project on CR 165-2 from 1 mile of road between CR 164 and CR
166 to a .5 mile from CR 166 to end
(Total estimated cost changed from $42,647 to $51,675)
Delete Project 48-3 from CR 59 south for 1 mile
(Total estimated cost $164,336)
Original projects CR 165-2 and CR 48-3 will be added to the FY2005
road plan
Add projects to rebuild CR 167 and CR 364, a total of 1 mile to the Clute
Service Center
(Total estimated cost $93,676)
This revision does not significantly change the Annual Road Plan budget
amount.
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
ORDER NO. 36
RE:
AUTHORIZATION TO SET PUBLIC HEARING
REGARDING REGULATORY SIGNS FOR THE
ROAD AND BRIDGE DEPARTMENT
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the County Engineer be authorized to advertise for Public Hearing pursuant to
Section 251.152 of the Transportation Code, regarding signs to be posted in
Brazoria County. Said public hearing to be held on Monday, September 27,
2004 in the Commissioner’s Courtroom, Room 101A.
Further that a certified copy of this order shall be forwarded to the
County Engineer.
The signs to be posted are as follows:
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 311
C.R.
PCT
CR 106C
W.
Countryplace
Blvd.
2
CR 718
4
TYPE
SIGN
Left Lane
Left Turn
or Straight
Right Lane
Right Turn
or Straight
No
Dumping
LOCATION
FROM
FACING
200’
Northwest
CR 106E
Northwest
50’
Northeast
FM 1459
Southwest
Motion carried, all present voting aye.
END CONSENT AGENDA
ORDER NO. 37
RE:
PROCLAMATION – CONSTITUTION WEEK
Motion by Commissioner Clawson, seconded by Commissioner Payne,
that the following action be taken by the Court:
Approve the Proclamation designation the Week of September 17 through
23, 2004 as Constitution Week.
Motion carried, all present voting aye.
ORDER NO. 38
RE:
REQUEST FOR DONATION FOR SOUTHERN
BRAZORIA COUNTY HOUSEHOLD HAZARDOUS
WASTE DAY
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
1.
The Court finds that funding support for the Southern Brazoria
County Household Hazardous Waste Day will add public health
and sanitation in Brazoria County.
2.
The Court approves a conditional commitment by Brazoria County
to pay up to $5,000.00 toward incurred costs of Southern Brazoria
County Household Hazardous Waste Day on October 30, 2004 at
the Brazoria County Fairgrounds that are directly related to public
health and sanitation, provided that such payment is conditioned
upon and shall only be made directly to service providers after
completion of work or provision of services or items previously
agreed to in advance by Connie Garner, designated County official,
in writing, and provided that any items purchased by the County
that are not used in the project are returned to the County after
completion of the project.
3.
Connie Garner is authorized to execute on behalf of the County
any necessary contracts subject to the limitations set forth in No.
2 above.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 312
ORDER NO. 39
RE:
RE-APPOINTMENT OF COUNTY AUDITOR
Motion by Commissioner Clawson, seconded by Commissioner Stanley,
that Commissioners’ Court record the appointment of the County Auditor for
the term of October 1, 2004 through September 30, 2006.
Motion carried, all present voting aye.
ORDER NO. 40
RE:
SETTING OF FEES FOR SHERIFF AND
CONSTABLES
Motion by Commissioner Clawson, seconded by Commissioner Payne, that
in accordance with Local Government Code 118.131 Sheriff and Constable fees
be set as follows effective January 1, 2005:
NOTICES:
Subpoenas (District & County Courts)
Summons (District & County Courts)
Writ of Attachment
Writ of Garnishment
Write of Sequestration
Orders of Sale
Writ of Possession
Forcible Detainer
FY2004
FY2005
$50.00
$50.00
$100.00
$100.00
$100.00
$100.00
$100.00
$50.00
$65.00
$65.00
$125.00
$125.00
$125.00
$125.00
$125.00
$65.00
$50.00
$50.00
$50.00
$65.00
$65.00
$65.00
SERVICE FEES:
Small Claims Citation
Justice Court Citation
All Other Courts’ Citations
OTHER SERVICE FEES:
Subpoena (J.P. Court)
$100.00
Temporary Restraining Order
$100.00
Writ of Restitution
$50.00
Writ of Habeas Corpus
$50.00
Injunction
$50.00
Notices (Posting)
$50.00
Citation by Publication
$50.00
Reports (Accidents)
All others $4.00 first page, $1.00 each additional page
All Other Process (Not Listed)
Fees collected on Execution Sale or Sheriff Sale:
5% of monies collected,
Fees collected without a sale: 2.5% of monies collected
$100.00
$100.00
$125.00
$125.00
$65.00
$50.00
$65.00
$5.00
$65.00
Motion carried, all present voting aye.
ORDER NO. 41
RE:
OPEN PUBLIC HEARING REGARDING FY2004
LLEBG BUDGET
Motion by Commissioner Payne, seconded by Commissioner Clawson,
that the County Judge open a Public Hearing regarding the approval of the
LLEBG (Local Law Enforcement Block Grant) Budget for FY2004.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 313
ORDER NO. 42
RE:
CLOSE PUBLIC HEARING REGARDING FY2004
LLEBG BUDGET
Motion by Commissioner Clawson, seconded by Commissioner Payne,
that the County Judge close the Public Hearing regarding the approval of the
LLEBG (Local Law Enforcement Block Grant) Budget for FY2004.
Motion carried, all present voting aye.
ORDER NO. 43
RE: APPROVAL OF FY2OO4 LLEBG BUDGET
Motion by Commissioner Clawson, seconded by Commissioner Payne,
that the LLEBG (Local Law Enforcement Block Grant) Budget for FY2004 be
approved.
Motion carried, all present voting aye.
ORDER NO. 44
RE:
LINE ITEM TRANSFERS: FY2004
Motion by Commissioner Payne, seconded by Commissioner Stanley, that
the Brazoria County Fund activity items listed in the detail below be amended
in accordance with Local Government Code 111.011 FY 2004:
District Courts
Agriculture Extension
420000 (Operating)
100
400000 (Salaries/Benefits)100
215
800
$7,500
($7,500)
Justice
Justice
Justice
Justice
420000
420000
420000
420000
(Operating)
(Operating)
(Operating)
(Operating)
100
100
100
100
236
231
232
233
($1,155)
$ 385
$ 385
$ 385
400000
420000
450000
420000
(Salaries/Benefits)100
(Operating)
100
(Capital Outlay) 100
(Operating)
100
430
430
430
149
($25,000)
$57, 600
($ 8,600)
($24,000)
Flood Plain Administrator 400000 (Salaries/Benefits)100
420000 (Operating)
100
555
555
($500)
$500
County Welfare
400000 (Salaries/Benefits)100
420000 (Operating)
100
665
665
$6,200
($6,200)
Road and Bridge
400000 (Salaries/Benefits)205
450000 (Capital)
205
610
610
($102,300)
$102,300
Airport
400000 (Salaries/Benefits) 605
420000 (Operating)
605
390
390
($10,000)
$10,000
Parks
420000 (Operating)
450000 (Capital)
100
100
711
711
$7,904
($7,904)
Justice of the Peace # 3:2 400000 (Salaries/Benefits)100
Ambulance EMS
420000 (Operating)
100
Detention Center
420000 (Operating)
100
Detention Center
450000 (Capital)
100
236
400
500
500
($29,000)
($ 6,000)
$ 38,820
($ 3,820)
of
of
of
of
the
the
the
the
Peace
Peace
Peace
Peace
Sheriff
Non-Departmental
3;2
1;1
1;2
2;1
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 314
ORDER NO. 45
RE:
ADDITIONAL FUNDS: FY2004
Motion by Commissioner Stanley, seconded by Commissioner Clawson,
that the Brazoria County Fund activity items listed in the detail below be
amended in accordance with Local Government Code 111.011 FY 2004:
DA-Forfeiture Fund
450000 (Vehicles)
127
260
$14,720
Additional funds are needed to purchase an additional vehicle. Reserve funds
are available for the expenditure.
DA-Hot Checks
420000 (Supplies) 125 260 $4,200
Additional funds are needed for office supplies. Reserve funds are available for
the expenditures.
Motion carried, all present voting aye.
ORDER NO. 46
RE:
OPEN PUBLIC HEARING REGARDING CDBG
FUNDS
Motion by Commissioner Clawson, seconded by Commissioner Payne,
that the following action be taken by the Court:
Open Public Hearing regarding CDBG Grant funds as follows:
2003 CDBG funds
Consider request from County Judge to reallocate $10,000.00 from 2003
Clearance and Demolition Project to the 2004 Underwood House Project.
Consider request from Commissioner Harris to reallocate $12,959.00
from 2003 Brookside Road Improvement Project to 2003 Alvin Clearance and
Demolition Project.
Motion carried, all present voting aye.
ORDER NO. 47
RE:
CLOSE PUBLIC HEARING REGARDING CDBG
FUNDS
Motion by Commissioner Clawson, seconded by Commissioner Payne,
that the following action be taken by the Court:
Close Public Hearing regarding CDBG Grant funds as follows:
2003 CDBG funds
Consider request from County Judge to reallocate $10,000.00 from 2003
Clearance and Demolition Project to the 2004 Underwood House Project.
Consider request from Commissioner Harris to reallocate $12,959.00
from 2003 Brookside Road Improvement Project to 2003 Alvin Clearance and
Demolition Project.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 315
ORDER NO. 48
RE:
APPROVE REQUEST REGARDING CDBG FUNDS
Motion by Commissioner Clawson, seconded by Commissioner Payne,
that the following action be taken by the Court:
Approve request regarding CDBG Grant funds as follows:
2003 CDBG funds
Approve request from County Judge to reallocate $10,000.00 from 2003
Clearance and Demolition Project to the 2004 Underwood House Project.
Approve request from Commissioner Harris to reallocate $12,959.00 from
2003 Brookside Road Improvement Project to 2003 Alvin Clearance and
Demolition Project.
Motion carried, all present voting aye.
ORDER NO. 49
RE:
CONSIDER APPROVAL OF THE STRAIGHTTIME/OVER-TIME REPORTS FOR THE MONTH
OF AUGUST 2004
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the following action be taken by the Court:
Approve the straight-time/over-time reports for the month of August
2004, which are attached here as Exhibits A and B:
The month of August included two bi-weekly pay periods that began on
July 24, 2004 and ended on August 20, 2004, during which time a total of
$37,632.51 in over-time wages were paid. Of that total 71.9% ($27,049.47) was
incurred in the Detention Center (Department 500). Beginning with the
September 2004 report, a summary of the jail's "Daily/Weekly Assignment
Sheet" will be included in order that the total hours worked by jailers can be
compared to average inmate populations. Because state law requires a staffing
ratio of one jailer for every 48 inmates the new summary will show if the total
hours worked by jailers has been consistent with that standard.
The Sheriff Office (Department 430) total was only $7,873.37, which was
down largely due to the absence of a holiday weekend during the period.
The average of straight-time hours paid at the Detention Center per
employee per bi-weekly pay period was 88.18. At the Sheriff Office it was 83.37
hours. Since the budget is based on an average of 84 hours per employee per
bi-weekly pay period it was exceeded in the Detention Center by an average of
4.18 hours per employee per bi-weekly pay period; whereas, the Sheriff Office
average was in conformance with the budget.
Elsewhere in the county over-time expenses continue to be incurred at
the Airport ($379.61), Constable-Precinct 2 ($452.68), and Constable-Precinct 3
($1,257.43).
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 316
ORDER NO. 50
RE:
APPROVE CONCESSION AGREEMENTS WITH
COINMACH TO PROVIDE COIN OPERATED
LAUNDRY EQUIPMENT AT SAN LUIS PASS AND
QUINTANA BEACH COUNTY PARKS
Motion by Commissioner Payne, seconded by Commissioner Clawson,
that the following action be taken by the Court:
Upon the recommendation of the Parks Director, that the
Commissioners’ Court approve the attached concession agreements with
Coinmach to provide coin operated laundry equipment at San Luis Pass County
Park and Quintana Beach County Park.
Further that County Judge John Willy be authorized to execute the
agreements.
Motion carried, all present voting aye.
ORDER NO. 51
RE:
PERMISSION TO CANCEL AWARD TO THE TREE
HOUSE, INC. OF NEWTON CENTER, MA FOR
ITEMS AWARDED IN ITB #04-44 COUNTY-WIDE
TONER CARTRIDGE PURCHASE CONTRACT
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
upon recommendation of the County Purchasing Agent, the Court cancel the
award of items to The Tree House, Inc. of Newton Center, Massachusetts for
Toner Cartridge Purchase due to unresolved issues.
Further, the Court re-award the items to the awarded Secondary Bidder,
CVR Computer Supplies of Gibbsboro, New Jersey.
Further, that the County Judge be authorized to sign said Agreement on
behalf of Brazoria County.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 52
RE:
AUTHORIZATION FOR COUNTY ENGINEER TO
NEGOTIATE AND FINALIZE AN AGREEMENT
BETWEEN THE TEXAS DEPARTMENT OF
TRANSPORTATION AND BRAZORIA COUNTY TO
PROCURE RIGHT-OF-WAY ON CR 48 AND CR 58
Motion by Commissioner Stanley, seconded by Commissioner Clawson,
that the following action be taken by the Court:
Whereas, an agreement between the Texas Department of Transportation
(TXDOT) and Brazoria County needs to be reached before procuring right-orway (ROW) so that participation from TXDOT at a later date is possible, and
Whereas, both projects, CR 48 and CR 58, are part of the 2004 mobility
plan, and
Whereas, Court Order 54 on May 8, 2001 authorizes the county engineer
to request donation of ROW for CR 48 and to obtain appraisal and title opinion,
and
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 317
Whereas, Court Order 9 on June 5, 2001 authorizes the county engineer
to issue request for qualifications for a consultant to survey and obtain
additional ROW for CR 48 and CR 58, and
Whereas, rapid development is occurring in this area and ROW needs to
be protected from said development.
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
ORDER NO. 53
RE:
APPROVE ANNUAL ROAD PLAN FOR FISCAL
YEAR 2005
Motion by Commissioner Stanley, seconded by Commissioner Payne, that
the Annual Road Plan for Fiscal Year 2005 be approved as shown on the
attached Exhibit “ENG-A”.
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
ANNOUNCEMENTS:
At 9:55 A.M. Commissioners’ Court entered into Closed Session with all
members present pursuant to V.T.C.A. Government Code, Chapter 551.071 and
551.074 to discuss the following:
1.
Order Authorizing Notice of Default – Freeport Welding &
Fabricating, Inc. RZ No. 1 Abatement Agreement
2.
Discuss pending Pearland landfill litigation and consider
supplemental work report
3.
Discussion of personnel matter
At 10:32 A.M. Commissioners’ Court was again in open session with all
members present and the following order was entered:
ORDER NO. 54
RE:
APPROVES SUPPLEMENTAL SITE ASSESSMENT
PLAN
Motion by Commissioner Clawson, seconded by Commissioner Payne
that the following action be taken by the Court:
The court approves the supplemental site assessment plan submitted by
Berg Oliver Associates for the Pearland Landfill subject to review by the District
Attorney and authorizes the payment for such plan as negotiated by the District
Attorney not to exceed $46,342.
Further that the County Judge is authorized to sign said agreement on
behalf of Brazoria County.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
REGULAR SESSION – SEPTEMBER 14, 2004
VOLUME 46 PAGE 318
As no further matters were to be had, Judge Willy recessed this Regular
Session of Commissioners’ Court at 10:35 A.M.
____________________________________
JUDGE JOHN WILLY
ATTEST:
JOYCE HUDMAN, COUNTY CLERK
BRAZORIA COUNTY
EX-OFFICIO MEMBER COMMISSIONERS’ COURT
BY: _________________________ Deputy
J. Wenger