BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 316 BE IT REMEMBERED THAT ON THIS THE 13TH AUGUST, 2001 THERE WAS BEGUN AND HOLDEN A SPECIAL 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 JACK HARRIS, COMMISSIONER, PRECINCT #3 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 9:05 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 Stanley that the following Commissioners’ Court Minutes dated July 24, 2001 be approved as presented. Motion carried, all present voting aye. CONSENT AGENDA: ORDER NO. 3 RE: APPOINTMENT OF TAX ABATEMENT REVIEW COMMITTEE MEMBER Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve the appointment of Charlie Singletary to represent Precinct 1 on the Tax Abatement Review Committee for a two year term to expire August, 2003. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 4 RE: 317 APPOINTMENT OF TAX ABATEMENT REVIEW COMMITTEE MEMBER Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve the re-appointment of Tom Reid to represent Precinct 3 on the Tax Abatement Review Committee for a two year term to expire August, 2003. Motion carried, all present voting aye. ORDER NO. 5 RE: DEPUTATION OF DISTRICT CLERK’S OFFICE EMPLOYEE Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve the deputation of District Clerk’s Office employee Marilyn Hill. Further, that a certified copy of this Order be sent to the office of the District Clerk. Motion carried, all present voting aye. ORDER NO. 6 RE: REQUEST FOR OUT OF STATE TRAVEL SHERIFF’S OFFICE* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve request for Sheriff’s Department Chemist Mike Manes to travel to Phoenix, Arizona on September 18-21, 2001, to attend the 29th Annual Symposium on Crime laboratory Development. Motion carried, all present voting aye. ORDER NO. 7 RE: BRAZORIA COUNTY TAX OFFICE MONTHLY COLLECTIONS REPORT - JUNE, 2001* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Acceptance of the Brazoria County Tax Office Monthly Collections Report for June, 2001. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 8 RE: 318 PECAN PARK LOT 9-10 0.22 ACRES ABST 421 HOOPER & WADE ACCOUNT NO. 7050-0007-000* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: 1. The Court approves, pursuant to V.T.C.A. Tax Code Section 34.05, to the resale of the following trust property by Brazoria County in the sale amount of $5,060.00: Pecan Park Lot 9-10 0.22 Acres Account No. 7050-0007-000 2. The County Judge is authorized pursuant to Section 34.05 and by this Order to execute a quitclaim deed of the County’s interest upon payment of the above sale amount. Motion carried, all present voting aye. ORDER NO. 9 RE: RECOMMENDATION TO INCREASE T-HANGAR AND OFFICE RENTAL FEES AT THE BRAZORIA COUNTY AIRPORT* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Accept the recommendation by the Brazoria County Airport Advisory Commission to increase the T-Hangar and office rental rates at the Airport as follows: Present Rate Proposed Rate Large T-Hangars Small T-Hangars $225.00/mo $150.00/mo $240.00/mo $160.00/mo T-Hangar - B-North - B-South - C-South - C-North - D-South - E-North $ 80.00/mo $100.00/mo $ 80.00/mo $150.00/mo $ 50.00/mo $ 80.00/mo $ 90.00/mo $110.00/mo $ 90.00/mo $165.00/mo $ 55.00/mo $ 90.00/mo Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 10 319 RE: APPROVING ACCOUNTS PAYABLE Motion by Commissioner Stanley, seconded by Commissioner Harris that the following checks payable through AUGUST 12, 2001 be approved as presented: DATE CHECK ISSUED CHECK NUMBERS JULY 24, 2001 JULY 26, 2001 JULY 27, 2001 JULY 30, 2001 AUGUST 01, 2001 AUGUST 02, 2001 AUGUST 06, 2001 AUGUST 07, 2001 AUGUST 09, 2001 #029946 #029947 #029949 #030161 #030162 #030337 #030345 #030346 #030349 ONLY TO #029948 TO #030160 ONLY TO #030336 TO #030344 ONLY TO #030348 TO #030812 INCLUSIVE INCLUSIVE INCLUSIVE INCLUSIVE INCLUSIVE INCLUSIVE Motion carried, all present voting aye. ORDER NO. 11 RE: APPLICANTS FOR HOMEBUYER ASSISTANCE UNDER THE BRAZORIA COUNTY FIRST TIME HOMEBUYER PROGRAM NOT TO EXCEED $5,500 Motion by Commissioner Stanley, seconded by Commissioner Harris that the following applicants for homebuyer assistance under the Brazoria County First Time Homebuyer Program in an amount not to exceed $5,500 be approved and the County Judge be authorized to execute Homebuyer Agreements: Applicant Timothy & Dena Thompson Blaine & Mary Moritz Juanita Simms Mario & Noemi Solis Property to be Purchased 4618 CR 909, Alvin, 77511 907 Magnolia, Lake Jackson, 77566 606 Gulf Blvd., Freeport, 77541 109 Bois D’Arc, Lake Jackson, 77566 Motion carried, all present voting aye. ORDER NO. 12 RE: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts for the Texas Department of Protective and Regulatory Services. Further, that the County Judge be authorized to sign the Certification on behalf of the County. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 13 RE: 320 SUBRECIPIENT GRANT AGREEMENT - TEXAS BEACH WATCH PROGRAM* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve the Subrecipient Grant Agreement between the General Land Office and Brazoria County Environmental Health Department for the implementation of the Texas Beach Watch Program in the amount of $25,000.00. Further, that the County Judge be authorized to sign said Agreement on behalf of Brazoria County. Motion carried, all present voting aye. ORDER NO. 14 RE: TEXAS DEPARTMENT OF HEALTH CONTRACT FOR PUBLIC HEALTH SERVICES* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve Texas Department of Health Contract For Public Health Services (Document No. 7460000445-200202) for the Brazoria County Health Department for Bureau of Regional/Local Health Operations and Immunizations for the term September 1, 2001 through August 31, 2002. Further, that the County Judge be authorized to sign said document on behalf of Brazoria County. Motion carried, all present voting aye. ORDER NO. 15 RE: HOUSTON AREA LIBRARY SYSTEM LAY REPRESENTATIVE APPOINTMENTS* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve the appointment of Scott McCaskill to serve as the Lay Representative for the Brazoria County Library System to the Houston Area Library System for a term beginning September 1, 2001 through August 31, 2003. Further, that Bettye Alexander be appointed to serve as alternate Lay Representative and to perform the duties of lay Representative in the Representative’s absence. In the event that neither the appointed Lay Representative nor the Alternate lay Representative can attend a meeting of the Houston Area Library System, the President of the Library Board is hereby authorized to attend or ask a member of the Library Board to attend and vote on behalf of the Brazoria County Library. Further, that the County Judge be authorized to sign the Appointment of Lay Representative on behalf of the County. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 16 RE: 321 AUTHORIZE THE BRAZORIA COUNTY LIBRARY TO SELL WITHDRAWN LIBRARY BOOKS* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Authorize the Brazoria County Library to sell withdrawn library books at a sale to be held August 16, 17 and 18, 2001 at Brazos Mall. All proceeds from the sale are for the benefit of the Library System. Additionally, the Court authorizes that all the surplus books remaining from the sale be declared obsolete with no further value to anyone. The unsold books will be declared scrap and will be donated to nonprofit organizations or destroyed by recycling, incineration or burying in a landfill. Motion carried, all present voting aye. ORDER NO. 17 RE: MOSQUITO CONTROL DISTRICT MONTHLY REPORT* Motion by Commissioner Stanley, seconded by Commissioner Harris that the monthly report of the Brazoria County Mosquito Control District for the month of July 2001, be approved for filing with the County Clerk. Motion carried, all present voting aye. ORDER NO. 18 RE: REQUEST FOR OUT OF STATE TRAVEL BRAZORIA COUNTY MUSEUM* Motion by Commissioner Stanley, seconded by Commissioner Harris that the following action be taken by the Court: Approve the request from Jackie Haynes of the Brazoria County Historical Museum to travel to Indianapolis, Indiana on September 12-15, 2001 to attend the American Association for State and Local History Conference. Funds for this conference were approved in the 2000-2001 budget. Motion carried, all present voting aye. ORDER NO. 19 RE: PERMISSION TO ADVERTISE FOR A REQUEST FOR A SECURITY FIRM TO HANDLE THE TRANSFER FUNDS BETWEEN THE COUNTY AND THE BANK* Motion by Commissioner Stanley, seconded by Commissioner Harris that upon recommendation of the County Treasurer, the County Purchasing Agent is requesting permission to advertise for a Request for Proposal for a security firm to handle the transfer of funds between the County and the bank. 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 SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 20 RE: 322 PERMISSION TO ADVERTISE REQUEST FOR PROPOSAL FOR BRAZORIA COUNTY LIBRARY SYSTEM PRINTER CONTROL SYSTEM* Motion by Commissioner Stanley, seconded by Commissioner Harris that upon recommendation of the County Librarian, the County Purchasing Agent requests permission to advertise for a Request for Proposal for a Brazoria County Library System Printer Control System, to be placed in the 10 branches of our Library System per the attached Scope of Work. This will be funded from the TIFP LTA4S Library Grant and General Fund 431600-100-700. Further, that a certified copy of this Order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER NO. 21 RE: PERMISSION TO ADVERTISE REQUEST FOR OFFER - TELECOMMUNICATIONS SYSTEM* Motion by Commissioner Stanley, seconded by Commissioner Harris that upon recommendation of the County Purchasing Agent, permission is requested to advertise for a Request for Offer for proposals for a Telecommunications System for Precinct 2 and Agriculture Extension per the attached specifications. Further, that a certified copy of this Order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER NO. 22 RE: PERMISSION TO ADVERTISE FOR BIDS FOR AIRPORT TRACTOR AND MOWING EQUIPMENT* Motion by Commissioner Stanley, seconded by Commissioner Harris that upon recommendation of the County Purchasing Agent, permission is requested to advertise for bids for Airport tractor and mowing equipment (specifications attached) to be purchased in FY2001. 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 SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 23 RE: 323 AUTHORIZATION TO SET PUBLIC HEARING REGARDING REGULATORY SIGNS FOR THE ROAD AND BRIDGE DEPARTMENT Motion by Commissioner Stanley, seconded by Commissioner Harris 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 Tuesday, August 28, 2001 in the Commissioner’s Courtroom, Room 307. The signs to be posted are as follows: Road Pct . TYPE SIGN Approximat e Location From Facing CR 287 1 350' West CR 287B West CR 287 1 750' East CR 287C East West CR 352 4 50 ' South CR 348 North South CR 929 4 50 ' North FM 522 South North CR 214A 4 50 ' West CR 856 East West CR 214 4 Southeast Northwest 4 50 ' Northwest 500' North CR 856 CR 288 FM 2004 South North CR 288 4 500' North FM 2004 North South CR 288 4 1 Mile North FM 2004 South North CR 288 4 Change Speed Limit from 30 MPH to 20 MPH Change Speed Limit from 30 MPH to 20 MPH Change Speed Limit from 35 MPH to 25 MPH Change Speed Limit from 35 MPH to 25 MPH Speed Limit 30 MPH Speed Limit 30 MPH Change Speed Limit from 50 MPH to 40 MPH Speed Limit 40 MPH Change Speed Limit from 50 MPH to 40 MPH Change Speed Limit from 50 MPH to 40 MPH For Traffic Traveling East 1 Mile North FM 2004 North South BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE CR 288 4 CR 288 4 CR 220 324 Change Speed Limit from 50 MPH to 40 MPH Speed Limit 40 MPH 2 Miles North FM 2004 South North 2 Miles North FM 2004 North South 1 Stop Sign 12' West West East CR 220 1 Eliminate Yield Sign 150' West West East CR 220A 1 Stop Sign 12' East CR 220A / CR 220 intersection CR 220A / CR 220 intersection CR 220 East West Further, that a certified copy of this order be sent to the County Engineer’s Office. Motion carried, all present voting aye. ORDER NO. 24 RE: PLAT APPROVAL - THE LAKES AT COUNTRYPLACE, SECTION FIVE, ABSTRACT 503 (PRECINCT 2) Motion by Commissioner Stanley, seconded by Commissioner Harris that the plat of The Lakes at Countryplace, Section Five, consisting of 13.447 acres out of the F.B. Drake Survey, Abstract 503, Brazoria County, Texas, be approved and filed for record at the expense of the owner. Said plat is accompanied by current tax certificates from the Brazoria County Tax Office, Pearland Independent School District, and the Brazoria County M.U.D. #4. The dedication, certificate of ownership, tax certificates, and construction bond in the amount of 100 percent of the cost of the road construction have been approved by the District Attorney's Office. No roads are accepted at this time pending completion and approval of construction of same. Further, that the developer of the Lakes at Countryplace Subdivision has previously been granted a variance to Brazoria County Subdivision Regulations, Article VIII, B., 10., to permit the roads constructed in that subdivision to be privately maintained with gated access under certain conditions, and that variance is extended to this subdivision plat in accordance with the conditions as recorded in Court Order No. 24 of February 10, 1998. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 25 RE: 325 PLAT APPROVAL - THE LAKES AT COUNTRYPLACE, SECTION SEVEN, ABSTRACTS 510, 503, AND 174 (PRECINCT 2) Motion by Commissioner Stanley, seconded by Commissioner Harris that the plat of The Lakes at Countryplace, Section Seven, consisting of 15.646 acres out of the F.B. Drake Survey, Abstract 510 (S. 1/2 of Sec. 2), the F.B. Drake Survey, Abstract 503 (N. 1/2 Sec. 2), and the J. Crawley Survey, Abstract 174, Brazoria County, Texas, be approved and filed for record at the expense of the owner. Said plat is accompanied by current tax certificates from the Brazoria County Tax Office, Pearland Independent School District, and the Brazoria County M.U.D. #4. The dedication, certificate of ownership, tax certificates, and construction bond in the amount of 100 percent of the cost of the road construction have been approved by the District Attorney's Office. No roads are accepted at this time pending completion and approval of construction of same. Further, that the developer of the Lakes at Countryplace Subdivision has previously been granted a variance to Brazoria County Subdivision Regulations, Article VIII, B., 10., to permit the roads constructed in that subdivision to be privately maintained with gated access under certain conditions, and that variance is extended to this subdivision plat in accordance with the conditions as recorded in Court Order No. 24 of February 10, 1998. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. ORDER NO. 26 RE: PLAT APPROVAL - PALM CREST SUBDIVISION ABSTRACT 533 (PRECINCT 2) Motion by Commissioner Stanley, seconded by Commissioner Harris that the plat of Palm Crest Subdivision, consisting of 157.8529 acres, out of the C. M. Hays Survey, Abstract 533, Brazoria County, Texas, be approved and filed for record at the expense of the owner. Said plat is accompanied by current tax certificates from the Brazoria County Tax Office and the Alvin Independent School District. The dedication, certificate of ownership, tax certificates, and construction bond in the amount of 100 percent of the cost of construction of drainage facilities have been approved by the District Attorney's Office. No roads are accepted at this time pending completion and approval of construction of same. Further, that the developer of Palm Crest Subdivision has previously been granted a variance to Brazoria County Subdivision Regulations, Article IX.D.4.(1), requiring drainage easements to provide top width of ditch plus 25 feet maintenance berm for drainage ditches 0-50 feet in width. Said variance was BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 326 granted on July 24, 2001, contingent upon approval by the Iowa Colony Drainage District No. 5 in whose district this subdivision lies, and the District’s approval has been granted as evidenced by their signatures on this plat. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. ORDER NO. 27 RE: PLAT APPROVAL - 288/35 SUBDIVISION ABSTRACT 699 (PRECINCT 4) Motion by Commissioner Stanley, seconded by Commissioner Harris that the short form plat of the 288/35 Subdivision, consisting of 34.93 acres, out of the B.D. Jamison Estate, in the M.C. Tobin Survey, Abstract 699, Brazoria County, Texas, be approved and filed for record at the expense of the owner. Said plat is accompanied by current tax certificates from the Brazoria County Tax Office and the Angleton Independent School District. The dedication, certificate of ownership, and tax certificates have been approved by the District Attorney's Office. No roads are included as all tracts have frontage on existing SH 35. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. ORDER NO. 28 RE: REQUEST FOR VARIANCE - SUNCREEK RANCH SUBDIVISION, ABSTRACT 125 (PRECINCT 2) Motion by Commissioner Stanley, seconded by Commissioner Harris that the following disposition be made regarding a request from the developer of the proposed Suncreek Ranch Subdivision, Section III, Abstract 125, for a variance to Brazoria County Subdivision Regulations: Request for a variance to Subdivision Regulations Article VIII.B.4., requiring stub streets be provided for cul-de-sac streets greater than 1,000 feet in length. Disposition: Upon recommendation of the County Engineer, this variance be granted, contingent upon the following: 1. The proposed cul-de-sac road shall be constructed 24 feet in width with five-foot shoulders. 2. Deed restrictions for Suncreek Ranch, Section III, shall contain language as approved for Suncreek Ranch, Section I, meeting the approval of the District Attorney’s Civil Division. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 327 3. Dedication on the plat of Suncreek Ranch, Section III, shall duplicate the language contained in the plat of Suncreek Ranch, Section I, requiring lot owners to seek County approval of any further development of Section III which would increase the density for drainage purposes, and to state that changes to deed restrictions would be subject to approval by Commissioners Court. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. ORDER NO. 29 RE: APPROVE PROJECTS UNDER BLANKET INTERLOCAL AGREEMENTS FOR DIRECT ASSISTANCE TO CITIES AND TOWNS Motion by Commissioner Stanley, seconded by Commissioner Harris 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 Bailey’s Prairie Jones Creek Manvel Sweeny DESCRIPTION OF PROJECT Re-set culvert at 225 Coleman Pecan Lane – clean ditches 18 Burke Court – set culvert Burke Court – patch potholes Burke Street “ Cook Road – oil road 4610 Mustang – set culvert Texas Avenue – re-grade ditches Victory Lane “ APPRVD DISAPP Motion carried, all present voting aye. ORDER NO. 30 RE: INTERLOCAL AGREEMENT WITH ALVIN ISD TO OVERLAY PARKING LOT AT ASSETS CAMPUS (PRECINCT 3) (NO. 01-0018) Motion by Commissioner Stanley, seconded by Commissioner Harris that the Interlocal Agreement with the Alvin ISD be approved to overlay a parking lot at the District’s Assets Campus, on property owned by the school district, pursuant to Texas Transportation Code Sec. 251.015, and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. seq. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 328 Further, that under the terms of the Agreement, attached as Exhibit A, the County will provide labor and equipment to overlay with asphalt the parking lot along the east side of the Assets Campus building, and all materials will be furnished by the district. Any labor and equipment costs of the County exceeding $5,000 shall be reimbursed by the district. 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. 31 RE: INTERLOCAL AGREEMENT WITH ALVIN ISD TO REPAIR BASE AND OVERLAY PARKING LOT AT R.L. STEVENSON CAMPUS (PRECINCT 3) (NO. 01-0019) Motion by Commissioner Stanley, seconded by Commissioner Harris that the Interlocal Agreement with the Alvin ISD be approved to repair and overlay a parking lot at the R.L. Stevenson campus, on property owned by the school district, 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, the County will provide labor and equipment to make base repairs in failed spots and overlay with asphalt the rear section of the parking lot located on the southeast side of the R.L. Stevenson building, and all materials will be furnished by the district. Any labor and equipment costs of the County exceeding $5,000 shall be reimbursed by the district. 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. 32 RE: INTERLOCAL AGREEMENT WITH BRAZOSPORT ISD TO RE-CONSTRUCT PARKING AREA AT S.F. AUSTIN ELEMENTARY SCHOOL (PRECINCT 1) (NO. 01-0020) Motion by Commissioner Stanley, seconded by Commissioner Harris that the Interlocal Agreement with the Brazosport ISD be approved to reconstruct and overlay a parking lot at the S.F. Austin Elementary School, on property owned by the school district, 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, the County will provide labor and equipment to remove asphalt, re-grade, and overlay the parking lot at S. F. Austin Elementary School, and all materials will be furnished by the district. Any labor and equipment costs of the County exceeding $5,000 shall be reimbursed by the district. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 329 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: INTERLOCAL AGREEMENT WITH THE CITY OF WEST COLUMBIA TO OVERLAY DRIVE AND PARKING AREA AT HEADSTART FACILITY (PRECINCT 4) (NO. 01-0021) Motion by Commissioner Stanley, seconded by Commissioner Harris that the Interlocal Agreement with the City of West Columbia be approved to overlay a driveway and parking lot at 652 South Street, on property owned by the City and leased to the West Columbia Headstart Center, 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, the County will provide labor and equipment to overlay the driveway and parking lot at the above-referenced location, and all materials will be furnished by the district. Any labor and equipment costs of the County exceeding $5,000 shall be reimbursed by the district. 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. 34 RE: INTERLOCAL AGREEMENT WITH THE CITY OF WEST COLUMBIA TO SLOPE MOW DRAINAGE EASEMENT NEAR LARKING STREET TO CR 701 (PRECINCT 4) (NO. 01-0022) Motion by Commissioner Stanley, seconded by Commissioner Harris that the Interlocal Agreement with the City of West Columbia be approved to slope mow a drainage ditch from Rolling Meadows Subdivision in the City to CR 701, on property owned by the City, 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, the County will provide labor and equipment to slope mow the ditch from near the southeasterly terminus of Larkin Street to CR 701, and any materials will be furnished by the district. Any labor and equipment costs of the County exceeding $5,000 shall be reimbursed by the district. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 330 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. END CONSENT AGENDA ORDER NO. 35 RE: REQUEST FOR OUT OF STATE TRAVEL AGRICULTURE EXTENSION AGENT* Motion to deny by Commissioner Clawson, seconded by Judge Willy that the following action be take by the Court: Deny request for Sandra Fry to attend the National Association of Extension Family and Consumer Sciences meeting in Portland, Oregon on September 30-October 3, 2001. Motion carried, all present voting aye. ORDER NO. 36 RE: PERMISSION TO ADVERTISE BID FOR ABATEMENT OF PUBLIC NUISANCE* Motion by Commissioner Harris, seconded by Commissioner Payne that upon recommendation of the Environmental Health Department, the County Purchasing Agent is requesting permission to advertise for bids for an Abatement of Public Nuisance bid for contractors to demolish the building and remove debris from the property located on County Road 101-B in Pearland. Further, that a certified copy of this Order be sent to the County Purchasing Agent. Motion to amend by Commissioner Harris, seconded by Judge Willy that after the word Pearland, add the following: , and a lien shall be attached to the property to cover the full cost of the County’s participation in the abatement of this nuisance, and subject to this being in the County and not in the city limits. Motion to amend carried, all present voting aye. Motion as amended carried, all present voting aye. ORDER NO. 37 RE: RESOLUTION IN HONOR OF MARY LOU CALDWELL* Motion by Commissioner Harris, seconded by Commissioner Clawson that the following action be taken by the Court: Approve the Resolution in recognition of Ms. Mary Lou Caldwell upon her retirement from the Board of Trustees of The Gulf Coast Center. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 38 RE: 331 APPOINTMENT TO FILL PROSPECTIVE VACANCY IN THE OFFICE OF JUSTICE OF THE PEACE, PRECINCT 2-PLACE 1 Motion to table by Judge Willy, seconded by Commissioner Stanley until after October 1, 2001. Motion to table carried, all present voting aye. ORDER NO. 39 RE: ORDER OPENING PUBLIC HEARING ON TAX ABATEMENT APPLICATION OF THE BOC GROUP, INC. Motion by Judge Willy, seconded by Commissioner Stanley that the following action be taken by the Court: 1. The public hearing on the tax abatement application of THE BOC GROUP, INC. is hereby OPENED for presentation of comment for or against the proposed tax abatement. Motion carried, all present voting aye. ORDER NO. 40 RE: ORDER CLOSING PUBLIC HEARING ON TAX ABATEMENT APPLICATION OF THE BOC GROUP, INC. Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court: 1. The public hearing on the tax abatement application of THE BOC GROUP, INC. is hereby CLOSED. Motion carried, all present voting aye. ORDER NO. 41 RE: THE BOC GROUP, INC. TAX ABATEMENT APPLICATION: ORDER GRANTING TAX ABATEMENT* Motion by Commissioner Stanley, seconded by Judge Willy that the following action be taken by the Court: That the application for tax abatement of THE BOC GROUP, INC. attached hereto be granted in accordance with the Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone created in Brazoria County; that the subject location described in the attached application be designated a reinvestment zone for tax abatement purposes in accordance with the guidelines and criteria of Brazoria County and applicable law; and further that the County Judge is authorized to execute a tax abatement with THE BOC GROUP, INC. in accordance with the same guidelines and criteria. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 42 RE: 332 ORDER AUTHORIZING THIRTY PERCENT TO BE ADDED TO DELINQUENT FINES AND FEES Motion by Judge Willy, seconded by Commissioner Harris, that the following action be taken by the Court: 1. All fines and fees that are more than 60 days past due shall be increased by 30% of the original fine or fee due pursuant to Art. 103.0031(b) of The Texas Code of Criminal Procedure. Motion carried, all present voting aye. ORDER NO. 43 RE: CONTRACT WITH PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. FOR COURT FEES AND FINES COLLECTION SERVICES* Motion by Commissioner Harris, seconded by Commissioner Stanley, that the following action be taken by the Court: Approve the Contract For Court Fees and Fines Collection Services between Brazoria County and the firm of Perdue, Brandon, Fielder, Collins & Mott, L.L.P. for the collection of delinquent fines and fees that are more than 60 days past due for a one year period beginning August 9, 2001, payable pursuant to Art. 103.0031(b) of the Texas Code of Criminal Procedure. Further, that the County Judge be authorized to sign said Contract on behalf of Brazoria County. Motion carried, all present voting aye. ORDER NO. 44 RE: OPEN PUBLIC HEARING TO CONSIDER REGULATORY SIGNS ON COLD PASS CANAL Motion by Commissioner Payne, seconded by Commissioner Stanley, that the following action be taken by the Court: 1. To open a public hearing to consider posting regulatory signs stating “No Visible Wake” on the canal at Cold Pass at locations shown on the following map marked exhibit “A” to regulate the speed of boats. Motion carried, all present voting aye. ORDER NO. 45 RE: CLOSE PUBLIC HEARING TO CONSIDER REGULATORY SIGNS ON COLD PASS CANAL Motion by Commissioner Stanley, Seconded by Commissioner Payne, that the following action be taken by the Court: 1. To close a public hearing to consider posting regulatory signs stating “No Visible Wake” on the canal at Cold Pass at locations shown on the following map marked exhibit “A” to regulate the speed of boats. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 46 RE: 333 CONSIDERATION OF AUTHORIZATION TO POST REGULATORY SIGNS ON COLD PASS CANAL* Motion by Commissioner Payne, Seconded by Commissioner Clawson, that the following action be taken by the Court: 1. That regulatory signs stating “No Visible Wake” are authorized to be posted on the canal at Cold Pass at locations shown on the following map marked exhibit “A” to regulate the speed of boats and that the Brazoria County Sheriff’s Department be requested to enforce same. 2. That certified copies of this Order be furnished to the Sheriff’s Department, the Department of Public Safety and the County Engineer. Motion carried, all present voting aye. ORDER NO. 47 RE: COLLECTION OF TAXES FOR CITY OF OYSTER CREEK* Motion by Commissioner Harris, seconded by Commissioner Payne, that the following action be taken by the Court: Approval of the Contract of Tax Collections for the assessment and collection by the Tax Assessor-Collector of the County of Brazoria of taxes rendered for and on behalf of the City of Oyster Creek upon the city’s invocation of Section 6.23 of the Property Tax Code of the State of Texas. Further, that the County Judge be authorized to sign said contract on behalf of the County. Motion carried, all present voting aye. ORDER NO. 48 RE: CONCESSION AGREEMENT - THE WINDSOCK GROUP, INC.* Motion to table by Commissioner Harris, seconded by Commissioner Stanley, until next Regularly scheduled Commissioners’ Court Session on August 28, 2001. Motion carried, all present voting aye. ORDER NO. 49 RE: OPEN PUBLIC HEARING ON THE FOLLOWING Motion by Commissioner Harris, seconded by Commissioner Payne, that the County Judge open a Public Hearing regarding the following: 1) Reallocation of $100,000 under the 1998 HOME Housing Rehabilitation Fund and $65,000 under the 2000 CDBG Brookside Village Drainage Project to address (a) housing rehabilitation/reconstruction needs, (b) contaminated water wells, and (3) inoperable septic systems for victims of Tropical Storm Allison in the City of Brookside Village 2) The 2001 Consolidated Action Plan and authorizing the County Judge to execute all application documents needed for its submission to HUD Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 50 RE: 334 CLOSE PUBLIC HEARING ON THE FOLLOWING: Motion by Commissioner Harris, seconded by Commissioner Clawson, that the County Judge close the Public Hearing regarding the following: 1) Reallocation of $100,000 under the 1998 HOME Housing Rehabilitation Fund and $65,000 under the 2000 CDBG Brookside Village Drainage Project to address (a) housing rehabilitation/reconstruction needs, (b) contaminated water wells, and (3) inoperable septic systems for victims of Tropical Storm Allison in the City of Brookside Village 2) The 2001 Consolidated Action Plan and authorizing the County Judge to execute all application documents needed for its submission to HUD Motion carried, all present voting aye. ORDER NO. 51 RE: APPROVAL OF THE FOLLOWING Motion by Commissioner Harris, seconded by Commissioner Payne, that the following action be taken by the Court: 1) The reallocation of $100,000 under the 1998 HOME Housing Rehabilitation Fund and $65,000 under the 2000 CDBG Brookside Village Drainage Project to address (a) housing rehabilitation/reconstruction needs, (b) contaminated water wells, and (3) inoperable septic systems for victims of Tropical Storm Allison in the City of Brookside Village 2) The 2001 Consolidated Plan and authorizing the County Judge to execute all application documents needed for its submission to HUD Motion carried, all present voting aye. ORDER NO. 52 RE: LINE ITEM TRANSFERS: FY2001 Motion by Commissioner Payne, seconded by Commissioner Stanley, that the Brazoria County General Fund, Road & Bridge Fund, and various other fund activity items listed in the detail below be amended in accordance with Local Government Code 111.011 FY 2001: District Clerk 420000(Supplies) 430000(Other Chgs) 100 100 225 225 JP 1, PL 2 420000(Supplies) 430000(Other Chgs) 100 100 232 232 $ ($ Juvenile Probation 430000(Other Chgs) 420000(Supplies) 100 100 510 510 ($ 12,500) $ 12,500 District Attorney 125 125 125 125 125 125 125 260 260 260 260 260 260 260 ($ 93,000) ($ 1,875) ($ 100) $ 18,400 $ 7,350 $ 12,300 $ 30,700 242 242 654 654 ($7,673.39) $7,673.39 341000(Other Fees) 360000(Investment Income) 370000(Misc Revenue) 400000(Salary) 410000(Benefits) 420000(Supplies) 430000(Other Chgs) Juvenile Incentive 43000 (Other Chgs) Block Grant 450000(Capital) $ 4,000 ($ 4,000) 900 900) BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 335 JJAEP Boot Camp 335810(Alvin ISD) 335820(Angleton ISD) 335830(B’Port ISD) 335840(Col/Braz ISD) 335850(Damon ISD) 335860(Danbury ISD) 335870(Pearland ISD) 335380(Sweeny ISD) 390100(Trans/General Fund) 333800(Oth Fnds State Grants) 400000(Salaries) 410000(Benefits) 420000(Supplies) 430000(Other Chgs) 255 255 255 255 255 255 255 255 255 255 255 255 255 255 510 510 510 510 510 510 510 510 510 510 510 510 510 510 ($122,526) ($ 84,969) ($194,724) ($ 16,551) ( 1.00) ($ 540) ($ 36,369) ($ 6,507) ($462,187) ($ 60,970) $469,686 $129,643 $353,015 $ 33,000 Civil, Criminal, & Probate Records 400200(Salaries) 410070(Benefits) 400200(Salaries) 410070(Benefits) 321 321 321 321 110 110 225 225 $ 29,112 $ 781 $ 29,532 $ 792 Beach Watch Program 420000(Supplies) 430000(Other Chgs) 450000(Capital) 337 337 337 654 654 654 $ 6,125 ($ 2,125) ($ 4,000) Road & Bridge 400000(Salaries) 410000(Benefits) 420000(Supplies) 450000(Capital Outlay) 430000(Other Chgs) 205 205 205 205 205 610 610 610 610 610 ($ 58,272) ($ 32,000) ($ 25,000) ($ 79,726) $194,998 Motion carried, all present voting aye. ORDER NO. 53 RE: ADDITIONAL FUNDS: FY2001 Motion by Judge Willy, seconded by Commissioner Payne, that the Brazoria County General Fund and various other fund activity items listed in the detail below be amended in accordance with Local Government Code 111.011 FY 2001: District Courts 430000(Other Chgs) 100 215 $ 5,000 Constable-Pct. 3 420000(Supplies) Additional Postage and Office Supplies 100 413 $ Special Projects 420000(Supplies) Surfacing Materials 215 610 $500,000 Additional Court Reporter Fees Motion carried, all present voting aye. 500 BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 54 RE: 336 ADDITIONAL FUNDS: FY2001 Motion by Judge Willy, seconded by Commissioner Payne, that the Brazoria County General Fund activity items listed in the detail below be amended in accordance with Local Government Code 111.011 FY 2001: Organization Description JP 1:2 Miller Category Category Description Account Fund Salaries 400000 100 Benefits 410000 100 The department incurred additional hourly expense to assist in the absence of an employee with a long-term illness. Org 232 232 Additional Amount $ 2,700 $ 71 233 233 $ 1,900 $ 363 Salaries 400000 100 Benefits 410000 100 For PAY111, the department paid an employee in excess of 80 hours during a holiday pay period. 237 237 $ $ 150 29 JP 4:2 Snead 100 100 238 238 $ $ 400 10 Salaries 400000 100 Benefits 410000 100 The County paid for prior year earnings of judicial services erroneously omitted in prior year. 250 250 JP 2:1 Christian Salaries 400000 100 Benefits 410000 100 YTD Overtime is $909.49. The part time position's budget is $6,400. The YTD part time actual pay is $5835. The department plans to spend an additional $1,540 ($280 X 5.5 pay periods) for the part time position. Therefore, the part time position budget is short $975 ($6,400-5,835-1,540) JP 4:1 Fox Salaries 400000 Benefits 410000 For PAY0O1 - PAY142, the department paid unbudgeted hourly expense. Judicial Services Salaries 400000 100 Benefits 410000 100 The department gave a scheduled raise to a < 1 yr longevity employee without the budget to support the raise. $ 2,300 $ 100 County Treasurer 310 310 $ $ 600 115 Constable-Pct 1 411 411 $ $ 350 72 100 100 412 412 $ $ 800 165 Salaries 400000 100 Benefits 410000 100 For PAY161, the department paid an employee in excess of 80 hours during a holiday pay period. 413 413 $ $ 150 31 Salaries 400000 100 Benefits 410000 100 For PAY112, the department paid an employee in excess of 80 hours during a holiday pay period. Constable-Pct 2 Salaries 400000 Benefits 410000 The department paid overtime to an employee in the amount of $551.03. Constable-Pct 3 County Sheriff Salaries 400000 100 430 $251,000 BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 337 Benefits 410000 100 The departments YTD overtime equals $258,576.55. Some positions were vacant for part of the year and created positive variances. Employees routinely earn overtime pay. The difference between the two items created the additional funds needed. 430 $ 51,759 Inmate Comm Service 100 445 $ 21,500 100 445 ($ 17,776) Salaries 400000 Benefits 410000 The department's YTD overtime equals $316,898.24. Employees routinely earn overtime pay. 100 100 500 500 $350,000 $ 73,048 Juvenile Probation Salaries 400000 Benefits 410000 The department paid hourly expense in excess of the hourly budget. 100 100 510 510 $ $ 8,000 1,590 555 555 $ $ 1,200 31 Salaries 400000 Benefits 410000 The original budget did not consider the increased salaries for the current year. The original budget did not need benefits for the salaries. Detention Center Flood Plain Salaries 400000 100 Benefits 410000 100 The department incurred additional hourly expense to assist in the absence of an employee with a long-term illness. Health Salaries 400000 Benefits 410000 The department paid hourly expense in excess of the hourly budget. 100 100 651 651 $ 10,500 $ 306 Indigent Health Salaries The small variance is a result of the accruals at year end. 400000 100 652 $ 50 Quintanta Park Salaries 400000 Benefits 410000 Department paid hourly expense in excess of the hourly budget. 100 100 715 715 $ $ 1,000 40 San Luis Park 100 100 716 716 $ $ 3,750 150 Salaries 400000 Benefits 410000 Department paid hourly expense in excess of the hourly budget. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 55 RE: 338 VEHICLE REGISTRATION COUNTY ROAD AND BRIDGE FEES* Motion by Commissioner Stanley, seconded by Commissioner Payne, that the following action be taken by the Court: Approval to set the amount collected for County Road and Bridge fees at the time of vehicle registration at $10.00 beginning calendar year 2002. Further, that a certified copy of this Order be sent to the office of the County Judge. Motion carried, all present voting aye. ORDER NO. 56 RE: RENEWAL OF MATERNITY AND FAMILY PLANNING SERVICES AGREEMENT BETWEEN THE UNIVERSITY OF TEXAS MEDICAL BRANCH AND BRAZORIA COUNTY* Motion by Commissioner Harris, seconded by Commissioner Payne, that the following action be taken by the Court: Approve the Renewal of Maternity and Family Planning Services Agreement between the University of Texas Medical Branch and The Commissioners’ Court of Brazoria County for the term beginning Spetember 1, 2001 through August 31, 2002. Motion carried, all present voting aye. ORDER NO. 57 RE: RECOMMENDATION FOR RECLASSIFICATION OF FLOODPLAIN EMPLOYEE Motion by Judge Willy, seconded by Commissioner Payne, that the following action be taken by the Court: Recommendation that position number 00001142 in the Floodplain Department be reclassified to a Full Time position as a Clerk, Grade 26, and that $2,400 for salary and $455 for benefits to fund this position for the remainder of fiscal year 2001 be added to the Floodplain Department budget. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 58 RE: 339 COMMERCIAL LEASE AGREEMENT - AUTO RENTAL BUSINESS* Motion by Commissioner Stanley, seconded by Commissioner Payne, that upon recommendation of the County Airport Director, the County Purchasing Agent is requesting approval of a Commercial Lease Agreement between the Brazoria County and National Car Rental System, Inc. for the exclusive use of 250 square feet of space in the Airport “Terminal Building” for the operation of an airport automotive rental business. The terms and conditions are attached and have been reviewed by the Civil District Attorney’s office. 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. 59 RE: APPROVAL OF AWARD OF HAY PRODUCTION* Motion by Commissioner Payne, seconded by Commissioner Harris, that upon recommendation of the County Purchasing Agent approval is requested to award the bid for Hay Production to Lester Bowles of Angleton, Texas, for a term contract of three years beginning August 15, 2001 and ending August 14, 2004. Further, that a certified copy of this Order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER NO. 60 RE: CONVERSION WORK FOR BRAZORIA COUNTY LIBRARY SYSTEM* Motion by Commissioner Harris, seconded by Commissioner Stanley, that upon recommendation of the County Purchasing Agent, approval is requested to award the request for proposal #RFP01-32 for Conversion Work for Brazoria County Library to MARCIV, INC. of San Antonio, Texas as per the attached evaluation results. 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 SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 61 RE: 340 PERMISSION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF ROADS AND DRAINAGE FACILITIES FOR THE SAVANNAH PLANTATION SUBDIVISION Motion by Commissioner Clawson, Seconded by Commissioner Payne, that upon recommendation of the Civil D.A’s Office, the County Purchasing Agent is requesting permission to advertise for bids for the construction of roads and drainage facilities in the Savannah Plantation Subdivision which have not been completed by the developer. Further, that a certified copy of this Order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER NO. 62 RE: AUTHORIZATION TO OBTAIN SERVICES OF CONSULTANT TO ANALYZE DRAINAGE AND DETENTION SYSTEM FOR SUNCREEK RANCH SUBDIVISION, SECTION II (PRECINCT 2) Motion by Commissioner Clawson, seconded by Commissioner Payne, that the County Engineer be authorized to obtain the services of a consulting engineer to analyze the drainage and detention system as may be required for Suncreek Ranch Subdivision, Section II, in Precinct 2 in accordance with the Brazoria County Drainage Criteria Manual and Subdivision Regulations. Further, that costs incurred will be paid from funds budgeted in Account 205-610-431300. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, with Commissioner Payne, Commissioner Clawson, Commissioner Harris, Commissioner Stanley, all voting aye, and Judge Willy abstaining. ORDER NO. 63 RE: OPEN PUBLIC HEARING TO CONSIDER DISCONTINUANCE, VACATION, AND ABANDONMENT OF CR 697, ABSTRACT 139 (PRECINCT 4) Motion by Judge Willy, seconded by Commissioner Stanley, that the public hearing be opened to consider discontinuance, vacation, and abandonment of CR 697, Abstract 139. Motion carried, all present voting aye. BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE ORDER NO. 64 RE: 341 CLOSE PUBLIC HEARING TO CONSIDER DISCONTINUANCE, VACATION, AND ABANDONMENT OF CR 697, ABSTRACT 139 (PRECINCT 4) Motion by Commissioner Stanley, seconded by Judge Willy, that the public hearing be closed to consider discontinuance, vacation, and abandonment of CR 697, Abstract 139. Motion carried, all present voting aye. ORDER NO. 65 RE: DISCONTINUANCE, VACATION, ABANDONMENT OF CR 697, ABSTRACT 139 (PRECINCT 4) Motion by Commissioner Stanley, seconded by Commissioner Harris, that following a public hearing, notice of which has been duly published, and pursuant to Chapter 251.051, Transportation Code, this Court hereby orders that CR 697, as described in right-of-way easement deed recorded at Volume 1569, Page 423, BCDR, be discontinued, vacated, and abandoned. This Court hereby authorizes the County Clerk to file and record in the deed records of Brazoria County, an instrument abandoning that right-of-way in Abstract 139 so described. It is therefore so ordered. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. At 10:25 A.M. Judge Willy recessed this Special Session of Commissioners’ Court and at 10:45 A.M. entered into a closed session with all members present pursuant to V.T.C.A. Government Code, Chapter 551, Subchapter D to discuss the following: 1. Consider authorizing the District Attorney’s Office to take appropriate legal action against parties and interests as a result of the failure of Savannah Plantation Subdivision to comply with County Subdivision regulations 2. Consider authorizing the District Attorney’s Office to institute proceedings against David Lentz and other responsible parties for damages to Cr 385 and Cr 385D. At 10:55 A.M. Commissioners’ Court was again in open session with all members present and the following orders were entered. ORDER NO. 66 RE: AUTHORIZING THE DISTRICT ATTORNEY’S OFFICE TO TAKE APPROPRIATE LEGAL ACTION Motion by Judge Willy, seconded by Commissioner Payne, authorize the District Attorney’s Office to take appropriate legal action against parties and interests as a result of the failure of Savannah Plantation Subdivision to comply with County Subdivision regulations. Motion carried, all present voting aye. ORDER NO. 67 RE: AUTHORIZING THE DISTRICT ATTORNEY’S BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - AUGUST 13, 2001 VOLUME 44 PAGE 342 OFFICE TO INSTITUTE PROCEEDINGS Motion by Judge Willy, seconded by Commissioner Payne, authorize the District Attorney’s Office to institute proceedings against David Lentz and/or other responsible parties for damages to CR 385 and CR385D. Motion carried, all present voting aye. ANNOUNCEMENTS: A. Public hearing regarding the proposed FY2002 Budget to be held on Tuesday, August 28, 2001 at 9:00 a.m. in the Commissioners’ Courtroom. At 11:00 A.M. Commissioners’ Court entered into a Budget Workshop to discuss the following: A. FY 2002 Budget After the Budget Workshop, Commissioners’ Court was again in open session and the following order was entered. ORDER NO. 68 RE: SET SALARIES OF ELECTED OFFICIALS Motion by Judge Willy, seconded by Commissioner Stanley, that the salaries, expenses, and allowances for Elected Officials for Brazoria County be set per attached as included in the proposed Fiscal Year 2002 Budget to be adopted on Tuesday, August 28, 2001. Motion carried, all present voting aye. As no further matters were to be had, Judge Willy adjourned this Workshop and Special Session of Commissioners’ Court at 11:35 A.M. ________________________________ JUDGE JOHN WILLY ATTEST: JOYCE HUDMAN, COUNTY CLERK BRAZORIA COUNTY EX-OFFICIO MEMBER COMMISSIONERS’ COURT BY:______________________ Deputy