MINUTES OF MEETING OF THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS

Transcription

1 MINUTES OF MEETING OF THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS BE IT REMEMBERED THAT ON THE 28th DAY OF FEBRUARY, 2011 AT 9:00 A.M. A MEETING OF THE COMMMISSIONERS COURT WAS CALLED TO ORDER AT THE COMMISSIONERS COURT OF MIDLAND COUNTY, TEXAS. THE FOLLOWING MEMBERS WERE PRESENT: MIKE BRADFORD County Judge JIMMY SMITH Commissioner, Precinct 1 ROBIN DONNELLY-Commissioner, Precinct 2 LUIS SANCHEZ Commissioner, Precinct 3 RANDY PRUDE Commissioner, Precinct 4 Recorded by: Cheryl Becker, Midland County Clerk 1. Invocation. Invocation given by Commissioner Prude. Adjourned at 9:00 a.m. back in Open Session at 9:32 a.m. 2. Pledges of Allegiance. 3. Discuss and take action approving Court Minutes from February 14, Motion to approve. Motion by: Prude Second by: Donnelly Exhibit: 4. Acknowledge Josh Arrambide, Employee of the Month for January Adolfo Salcido of Juvenile Probation presents Josh Arrambide as employee of the month. Josh started with Midland County in 1991 in Juvenile Probation and is the Community Service Restitution Officer and has established and still runs the program. Josh states that it s an honor to serve in this manner and to hopefully impact the children and their lives from criminal behavior to citizenship in the community. Commissioner Prude presents the certificate, bag, and certificate from Rosa s. 5. Midland Academy Charter School Kindergarten Class. The kindergarteners asked several great questions as well as telling of their experiences at other courthouses, with firemen and law enforcement. The best question asked, was County Judge, Mike Bradford George Washington. 6. Conduct a public hearing for citizen s concerns on a trucking company that is causing a public nuisance in Greenwood area. Judge Bradford presents the rules for the public hearing and states there will be no action regarding this item. Ms. Glynda Southerland lives on CR 1110 in Greenwood, and states that she has lived there for 32 years. Ms. Southerland states that Sooner Pipe Company, owned by Joe Phillips, has been there for a while but for the last year the problem of the truckers taking over the road and pulling out in from of the has increased and dangerous. This problem is getting worse and Ms. Southerland would like to have something done before someone gets hurt. Ms. Southerland states the Sheriff s Department has been a great help and relays that Lt. Earl Stroup was there this morning to help. Lt. Stroup states that when this was brought to his attention he did talk to Mr. Phillips who does have 10 acres in the back for the trucks to park the problem is that they park all different directions. Mr.

2 Phillips is bidding on some adjacent property to the west of him which would solve this problem. Dale Little states that he does not have any accident reports in front of Sooner Pipe but has had several calls about this. Judge Bradford asks about gathering more information and will look into this. Public hearing is now closed. 7. Conduct Public Hearing on installing a 4-way stop sign at the intersection of South County Road 1223 and West County Road 114. Commissioner Sanchez states they had a road study done and after talking with Felipe Acosta they would like a four-way stop sign installed. Felipe presents the result of the road study and states that on an average the north bound traffic is mph on SCR 1223, south bound average of mph, the short road which is WCR 114 is 39 mph, they need a four-way at this intersection. Sheriff Painter states that he has spoken with Commissioner Sanchez and Felipe and recommends a four-way stop stating people don t pay attention and there is a lot of traffic. Felipe states that on CR 120 there is a new housing development and this is one of the roads going to that new addition. SCR 1223 is a bus route as well. Grace Aguilar lives at SCR 1223 and WCR 114 has witnessed accidents and states that a lot of families live there who have children. Justin Primera lives on SCR 1223 and states that the traffic has increased with accidents at that intersection. Public hearing is now closed. 8. Discuss and take action on installing a 4-way stop sign at the intersection of South County Road 1223 and West County Road 114. Motion to install a four-way stop sign at the intersection of SCR 1223 and WCR 114. Motion by: Sanchez Second by: Prude Exhibit: 9. Discuss and take action on revisions to the Burkes Addition plat. Commissioner Sanchez states this is a plat has been previously adopted, Lot 30 needs to be changed which is at the corner of Cottonflat and WCR 150 there is no right-of-way to build a road and they are trying to put in an additional 30 ft. to the existing 30ft. that way if they decide to build a road going south on Cottonflat there will be a 60 ft right-ofway. Motion to adopt the revision on the Burkes Addition dedicating 30 ft. right-of-way to the County on the east part of the lot off of Cottonflat going south and WCR 150. Motion by: Sanchez Second by: Donnelly Exhibit: 10. Discuss and take action authorizing the District Clerk s office to accept credit and debit cards for payments. Ross Bush relays that NetData has a credit-debt card machine that will allow people to use for payments of their fees and fines. There is no charge for the service the only charge, after a three months trial, would be a one-time charge of $125 for the credit card reader. Mr. Bush states there will be a separate credit-debt card account set up at the bank. Judge Bradford states that we have had a visit from a couple of banks and a Credit Union. Veronica states that there are a couple of JP s that are using this service and it is working for them. Russell Malm asks to see the contract for review. Motion to authorize the District Clerk to accept credit and debit cards for payments contingent upon review by the County Attorney with NetData. Motion by: Prude Second by: Donnelly Exhibit: 11. Acknowledge the fees of Court collected by the District and County Clerks for January, Cheryl Becker presents the fees of Court for January, 2011.

3 Motion to acknowledge. Motion by: Prude Second by: Sanchez Exhibit: Discuss and take action on property tax refunds over $2,500. Manny Natividad states there was only one. So moved. Motion by: Donnelly Second by: Sanchez Exhibit: Discuss and take action on purchase of rotary air compressor for Road & Bridge. Bob Henderson states Felipe has requested an air compressor for the back of a truck the cost is $8,345 and funds are available. Motion to approve. Motion by: Smith Second by: Sanchez Exhibit: 14. Discuss and take action on janitorial contract. Bob Henderson states the supplies are running about $2,200 a month which is less they have increased the day maid service and recommends they keep everything at the same amount. Motion that we leave the janitorial contract as is. Motion by: Smith Second by: Donnelly Exhibit: 15. Acknowledge the retirement of Lt. Earl Stroup after 25 years with the Midland County Sheriff s Office. Sheriff Painter presents Lt. Earl Stroup and states he started in 1986, promoted to Sergeant in 1990 and then to Lieutenant in Earl has been awarded the Midland Crime Stopper of the Year, Officer of the Year, Midland County Sheriff s Office Medal of Valor, VFW 4149 Law Enforcement Officer of the Year, and Midland County Top Hand Award. Sheriff Painter relays that they first met in Viet Nam and worked together for the Midland Police Department. Earl states that it s been his honor to have worked for Midland County. Motion to acknowledge. Motion by: Prude Second by: Donnelly Exhibit: 16. Discuss and take action on payout of Lt. Earl Stroup s vacation, sick and holiday pay and identify a funding source. Judge Bradford informs there will be additional funds needed and the Sheriff has asked that these funds be paid out of Contingency fund. For Lt. Stroup s vacation, sick and holiday pay as well as an additional person additional funds will be needed the amount in the Sheriff s funds are $26, the amount needed $28,600. The amount in the Contingency Fund is $266,000. Motion to pay the balance out of Salary Contingency in the amount of $2,000.

4 Motion by: Smith Second by: Donnelly Exhibit: 17. Discuss and take action on payout of Patrol Officer Edward Braun s vacation, sick, holiday and comp time pay and identify a funding source. Sheriff Painter states that this employee has been offered a job in the oil field and needs $5,600 for payout. Motion to pay out Patrol Officer Edward Braun s vacation, sick, holiday, and comp. time in the amount of $5,600 to come out of Salary Contingency. Motion by: Smith Second by: Donnelly Exhibit: 18. Receive racial profiling report from Constable Precinct 4. Constable Hall presents his report. Judge Bradford states that they have received Constable Precinct 4 s racial profiling report as filed with the State and it is in the proper form and acceptable to the Court. 19. Discuss pipelines in County Road right-of-ways. Exhibit: Commissioner Donnelly states there is one group who has discussed a water district and they are under the impression that we can allow them the use of pipeline right-of-way at no cost for the use of the right-of-way; Commissioner Donnelly is asking if we have the ability to do this. Commissioner Donnelly relays that he and Commissioner Prude have had thoughts regarding some of the oil companies approaching them to us our right-ofway at times to circumvent disposal of water or running gathering lines. This has been denied this is in his Precinct and Commissioner Donnelly doesn t feel they can use the right-of-way for commercial purposes. Also he has been approached by a group to provide water outside of the County the City will allow a piece of it and the rest they want the county to provide portions of. The question Commissioner Donnelly has is can we use the right-of-way as far as pipeline easements. Russell Malm states in regards to a new water district he is not sure what the answer is and would have to check on this. Generally we do not have authority to allow the pipeline in the right-of-way there is an Attorney General Opinion generally this is for public utilities. Commissioner Donnelly is asking that we get a policy in place so that he knows how to handle this. 20. Discuss and take action authorizing the County Judge to sign the Texas Lone Star Library grant. Diana Decker states the amount is $20,217 to be used for Overdrive which provides download of e-books for patrons. Motion to accept the Lone Star Library Grant for $20,217 and authorize the Judge to sign the grant. Motion by: Donnelly Second by: Smith Exhibit: 21. Acknowledge donations to the Midland County Library. Diana states they have 11 books, 15 music CD s, 6 audio books, 7 DVD s and cash of $ Move to acknowledge. Motion by: Donnelly Second by: Sanchez Exhibit:

5 22. Discuss and take action on Commissioners Court and Building policies. Commissioner Smith states nothing new. Judge Bradford relays that employees are still parking in the wrong parking lots and Commissioner Smith states employees need use the crosswalks. 23. Discuss and take action on the new Midland County Courthouse. Commissioner Smith states nothing 24. Discuss and take action on fleet accidents. Dale states nothing. 25. Take action acknowledging personnel memoranda. Mitzi relays a man in facilities went over his 240 hours and they have taken care of it. Vanessa Boerner, Sergio Borunda, Consuelo Galan, Jeremy Quilimaco, Mackenzie Smith, Brandon Berkhouse, Ed Braun, Misty Delmere, Patsy Eaves, Benny Hernandez, Joe Salazar, Jerry Strambler, Earl Stroup, Karen Berry, Thomas McLure, Raymond Bill, Julie Bohrer, Lori Fuson, Oscar Rubalcava, Vanessa Valdez. Motion to acknowledge personnel memoranda. Motion by: Prude Second by: Smith Exhibit: Discuss and take action on a financial report from Boon-Chapman Benefit Administrators, Inc. Steve Gauen presents the financial report from Boon-Chapman. Motion to accept the report. Motion by: Donnelly Second by: Smith Exhibit: Discuss and take action authorizing payment of Constable Precinct 2 bills. Judge Bradford states we have a Deputy Constable acting under special statute and we need these bills paid and should fall, by Court action, to Commissioner Donnelly until there is a decision on replacement. Motion to authorize payment of bills of Constable, Pct. 2 and to have Commissioner Donnelly approve the invoices. Motion by: Smith Second by: Prude Exhibit: 28. Discuss and take action on budget line-item transfers. Veronica brings to the Courts attention line-item-transfer #3 moving money out of Capital Outlay into equipment maintenance and Office Supplies for the 142 nd District Court to purchase a copier. Judge Bradford asks to hold this one for clarification. Commissioner Pct. 3, Human Resources, 142nd District Court, Sheriff s Office-Patrol, Move to approve the budget line-item-transfer less the 142 nd District Court. Motion by: Donnelly Second by: Smith Exhibit: 35-38

6 29. Discuss and take action on bills and wire transfers. Wire transfer for $3 moving to credit card account from the County Clerk s; MidWest Glass Co. in the amount of $581 per Tim Harris; invoice from ABL for Culver Youth Center in the amount of $4, this was not included in bills for food services; travel expense for Commissioner Smith for the County Commissioners and Judges Conference he stayed at a hotel that exceeds the $140 amount for Austin and indicates the host hotel was fully booked he is asking for $ plus taxes. Move to take action on bills and wire transfers as stated to approve. Motion by: Sanchez Second by: Donnelly Exhibit: Take action on submitted applications for permits to use county right-of-way for utility and line installations, driveway construction and mailbox construction. Request for Designation of Location for Crossing of a Midland County, Texas Road by ATMOS Energy at SCR1290 and W Highway 80. Request for Designation of Location for Crossing of a Midland County, Texas Road by JW s Pipeline Integrity Services, LLC on West Industrial Ave. Permit to Construct Driveway Facilities on County Right-of-Way by David Quiroz on ECR 63. Motion to approve. Motion by: Smith Second by: Prude Exhibit: Motion to accept application for Precinct 2. Motion by: Smith Second by: Prude Exhibit: Break at 11:04 a.m. back in Open Session at 11:21 a.m. calling item 26. Into Executive Session at 11:45 a.m. back in Open Session at 12:07 p.m. recall item 30 to accept and application for Precinct Conduct Executive session pursuant to Texas Government Code Section to consult with County Attorney regarding pending and prospective litigation and other matters. 32. Conduct Executive session pursuant to Texas Government Code Section to discuss personnel matters. 33. Conduct Executive session pursuant to Texas Government Code Section to deliberate the purchase, exchange, lease, or value of real property. 34. Conduct Executive session pursuant to Texas Government Code Section to discuss security devices. 35. Take action on Executive Session matters. Motion to adjourn. Motion by: Prude Second by: Smith Exhibit: Adjourned at 12:08 p.m.

7 The next Regular meeting for the Commissioners Court will be held on Monday, March 14, 2011, at 9:00 a.m., in the Commissioners Courtroom, 500 North Loraine St., Midland County Courthouse Auxiliary Courtroom. I, Cheryl Becker, Midland County Clerk certify that this is an accurate accounting of the proceedings of the Commissioners Court meeting during the term of January, Cheryl Becker, Midland County Clerk