COMMISSIONERS COURT DECEMBER 2010 TERM ON THIS THE 13 TH DAY OF DECEMBER 2010, BEING THE SECOND MONDAY OF THE MONTH,THE HONORABLE DIMMIT COUNTY COMMISSIONERS COURT CONVENED IN REGULAR SESSION, WITH MEMBERS PRESENT TO-WIT : FRANCISCO G. PONCE COUNTY JUDGE MIKE URIEGAS DAVID TAYLOR COMMISSIONER PCT. 1 COMMISSIONER PCT. 3 JOHNNY GLORIA RODRIGO JAIME COMMISSIONER PCT. 2 COMMISSIONER PCT. 4 MARIO Z. GARCIA COUNTY CLERK & EX-OFFICIO CLERK OF COMMISSIONERS COURT VISITORS SIGNED-IN: OTHER VISITORS: Richie Griffin Josephine A. Farias Marion Boyd Craig Hadeson Darryl Jones Carlos Pereda Charles Gordon Gary Walker Curt Kneese Joel Gonzalez Jim Marmion Gary Brown Estanislado Z. Martinez Daniel M. Gonzalez Ernest Flores III Pete Wilson Leticia Vargas Eloy F. Rodriguez Erica Bustamante Luciano Quintanilla Daniel M. Gonzalez Jose Galvan The following subjects discussed, considered, passed or adopted TO-WIT : 1. A D M I N I S T R A T I V E 1.1 CALL MEETING TO ORDER 1.2 ROLL CALL 1.3 PLEDGE OF ALLEGIANCE AND SALUTE TO THE TEXAS FLAG County Judge Francisco G. Ponce Called the Meeting to Order[10:00 AM];County Clerk Mario Z. Garcia conducted Roll Call of Court Members w/ a full quorum present and so duly noted for the record. Court Members led the Pledge of Allegiance and Salute to The Texas Flag. 1.4 PUBLIC COMMENT A) Rodrigo Jaime-Commsr. Pct. 4, RE:-- dust problem from road material being hauled; causing accidents B) Mike Uriegas Commsr. Pct. 1, RE:-- reported on his attendance at the County Judges &Commissioners Conference in Laredo on December 10 1.5 APPROVED: MINUTES OF REGULAR MEETING NOVEMBER 22, 2010 MOTION: Johnny Gloria SECOND: Mike Uriegas That the Commissioners Court approve Minutes of Regular Meeting held November 22, 2010 as presented. 2. P E R S O N N E L & P O L I C Y 2.1 APPROVAL OF BONDS MOTION: Mike Uriegas SECOND: Rodrigo Jaime That the Commissioners Court approve Bonds for : Leonel Gonzalez Reserve Deputy, Sheriff Dept. Emilio Alejandro Benavides. Reserve Deputy, Sheriff Dept. Discussion:--county does not pay bond fee for Reserve Deputies 2.2 APPROVED: MONTHLY REPORT COUNTY AG AGENT That the Commissioners Court approve Activity and Travel Reports for Month of November 2010 from County Ag Extension Agent Richie Griffin as presented. Discussion:--last chance for Commercial Application License applicants update on preparations for 2011 Livestock Show and always appreciative for assistance from county road & bridge departments. 12 : 13 : 10 PAGE : 1 of 7
2.3 APPROVED: MONTHLY REPORT(s) COUNTY FCS AGENT That the Commissioners Court approve Activity and Travel Report for Months of October and November 2010 from FCS Agent Josephine Castillo Farias as presented. Discussion:--update on Diabetes Class now including database to prompt public awareness (s) 2.4 APPROVED: MONTHLY REPORT CONSTABLE PCT. 1 MOTION: Mike Uriegas SECOND: Johnny Gloria That the Commissioners Court approve Report for Months of October and November 2010 from Constable Pct. 1 Luciano Quintanilla as presented. Discussion:--(suggestions from court) to implement numbering system for county vehicles to keep better track of maintenance,.e.g., oil change, filters etc and more initiative to get involved w/ Service Citations (s) 2.5 TABLED: MONTHLY REPORT CONSTABLE PCT. 2 [RE:--no one present to address this item; no report timely submitted] MOTION: Johnny Gloria SECOND: Rodrigo Jaime That the Commissioners Court approve to Table this item. 2.6 APPROVED: MONTHLY REPORT CONSTABLE PCT. 3 MOTION: David Taylor SECOND: Rodrigo Jaime That the Commissioners Court approve Report for Month of November 2010 from Constable Pct. 3 Marion Boyd 2.7 APPROVED: MONTHLY REPORT CONSTABLE PCT. 4 That the Commissioners Court approve Report for Month of November 2010 from Constable Pct. 4 Jose Galvan 2.8 APPROVED: FORFEITURE AND SEIZURE ACCOUNT CONSTABLE PCT. 3 That the Commissioners Court approve to authorize Constable Pct. 3 Marion Boyd to open a Forfeiture and Seizure Account for State Forfeitures and Seizures as presented. 2.9 TABLED:APPROVED: ADD SOFTWARE FOR LASER MODULE LICENSE-TREAS. OFFICE [RE:--monies for this not in budget; have been doing this (W-2) manually Treasurer Ofc. prepares W-2, Auditor Ofc. prepares the 1099 forms] That the Commissioners Court approve to authorize County Treasurer Office to add software from Tyler Technologies for Laser W-2 and 1099 module license, as presented. 2.10 APPROVED: RESOLUTION IN MEMORY OF DOLPH BRISCOE, JR. [RE:-- County of Dimmit, Dimmit County Junior Livestock Show Association and Citizens memorialize the former Governor of Texas whom died on June 27, 2010 ] That the Commissioners Court approve Resolution In Memory of Dolph Briscoe,Jr. as presented. 2.11 TABLED:REVISITED:APPROVED: LSG CONTRACT FOR 365 TH, 293 RD JUDICIAL DISTRICTS [RE:-- $55 per court; $110 per month plus installation fee] That the Commissioners Court approve Contract w/ LSG for services for the 365 TH and 293 RD Judicial District Courts, as presented. 12 : 13 : 10 PAGE : 2
PERSONNEL & POLICY, contd., 2.12 APPROVED: RESCIND MOTION FOR COPIER UPGRADE ENTER INTO NEW LEASE AGREEMENT FOR COPIER APPROVE BUY-OUT EXTENSION AGREEMENT FOR CURRENT COPIER : COUNTY CLERK S OFFICE [RE:--County Clerk Mario Garcia previously informed court that request to upgrade copier (June, 2010 did not resolve w/ the vendor and now has considered to upgrade w/ a different vendor ----and also was able to obtain a lower price on the buy-out for the current copier whose lease has ended ( from $3,700 to $1,350). ] That the Commissioners Court approve to Rescind Motion of Agenda Item 2.12 Commissioners Court Regular Meeting of Monday, June 14, 2010, i.e., Authorization to upgrade Kyocera Copier Model #TA300ci, KM 4035 and Enter into New Lease Agreement, as presented. MOTION: Mike Uriegas SECOND: Rodrigo Jaime That the Commissioners Court approve to authorize the County Clerk to enter into New Lease Agreement for the upgrade of a new Copier for the County Clerk s Office, i.e., a RICOH/Aficio MP 4001 w/ IKON Office Solutions, Inc. as presented. MOTION: Johnny Gloria SECOND: Mike Uriegas That the Commissioners Court approve to authorize the County Clerk to enter into the $1.00 Buy-Out Extension Agreement Contract for the Kyocera Copier Model #TA 300ci, KN 4035 for $1,350.00 for a monthly payment of $112.50 for a 12-month term, as presented. 2.13 TABLED: REVISITED: APPROVED: RETIREMENT PLAN ASSESSMENT FOR PLAN YEAR 2011 That the Commissioners Court approve the Retirement Plan Assessment for Plan Year 2011, i.e., Dimmit County does not adopt a cost-of-living adjustment and approves the required employer contribution rate for 2011 as 8.01%, as presented. 2.14 APPROVED: HIRING FULL TIME EMPLOYEE ROAD & BRIDGE PCT. 2 [RE:---former employee on suspension re-hired] That the Commissioners Court approve the Hiring of TBA as full-time employee for Road & Bridge Pct. 2 Discussion:--same rate of pay at time of suspension 2.15 APPROVED: APPOINTMENT DIMMIT COUNTY HISTORICAL COMMITTEE That the Commissioners Court approve to appoint Mr. Johnny Estrada (Carrizo Springs) to serve on the Dimmit County Historical Committee as presented. 2.16 APPROVED: OFFICIAL DIMMIT COUNTY HOLIDAYS FOR CALENDAR YEAR 2011 That the Commissioners Court approve the Official County Holidays for Calendar Year 2011 as follows : January 17 Martin Luther King, Jr. Day February 21 President s Day April 22 Good Friday May 30 Memorial Day July 4 Independence Day September 5 Labor Day November 11 Veterans Day November 24 25 Thanksgiving Holiday December 23 and 26 Christmas Holiday January 2 New Years Holiday Recovery 12 : 13 : 10 PAGE : 3
2.17 APPROVED: ROW EASEMENT TO NEWFIELD EXPLORATION CO. LAYING PIPELINES [RE:-- county does own the sub-surface; permit not an Easement of the sub-surface(?) permit is just for the break of the road; county charged Newfield for breaking of the road,$2 by foot Newfield buried 3-lines, was charged for only one--- county to charge only for whatever length of line was buried. Atty. Charles Gordon suggests to prepare a new document since the temporary water permit was used but paid by company laying the water line. Newfield was charged $6 per for 3-lines as 1-permit for the 3-lines---Atty. Darryl Jones: can resolve mistake by: exchange permit fee the easement fee; and (suggestion from county) can include to fund a fire hydrant. County has already been paid for the use of the surface road---newfield paid two dollars per foot for approximately 5-miles for each line; a total of $154,848; only used 8800 feet. Court agreed to transfer permit fee to easement fee; court agreed 17.50 per foot for easement fee was reasonable for burying the three(3) lines to resolve the matter. That the Commissioners Court approve Reversing Indemnity Clause and Right of Way Easement to Newfield Exploration Company, approve transfer of monies from Permit to Easement and approve funding and installation of a fire hydrant (from Newfield Exploration) with selection of site (for fire hydrant) by the County Regulatory Compliance Office, as presented and.all subject to review and approval by the Dimmit County Attorney. Discussion: ---effective immediately: need to include cutting and laying terminology and process in agreements 2.18 TABLED: PURCHASE OF EQUIPMENT FOR GOLF COURSE AND AGREEMENT BETWEEN DIMMIT COUNTY AND CARRIZO SPRINGS GOLF ASSOCIATION That the Commissioners Court approve to Table this item. 2.19 APPROVED: ORDER PROHIBITING CERTAIN FIREWORKS IN UNINCORPORATED AREAS [RE:-- skyrockets with sticks and missiles with fins ] That the Commissioners Court approve ORDER PROHIBITING CERTAIN FIREWORKS IN THE UNINCORPORATED AREAS OF DIMMIT COUNTY, TEXAS as presented. 2.20 TABLED : REVISITED : APPROVED : AWARD BID FOR NEW SANITATION TRUCK [RE:-- court review of Bid Analysis Report] That the Commissioners Court approve to Award Bid for new Sanitation Truck to Grande Truck Center (San Antonio) i.e, 2010 Ford F-750 XL, 260 hp as presented. Discussion: -- to revisit as Next Agenda Item to discuss financing 2.21 APPROVED: PURCHASE OF PROPERTY AND BUILDING a/k/a THE FEED STORE That the Commissioners Court approve the purchase of the property and building commonly known as The Feed Store ( Country Store, 212 N. 4 th St., Carrizo Springs) and authorize Stewart Title Company to prepare documents. 2.22 APPROVED: MEMBERSHIP IN MRGDC WORKFORCE PROGRAMS MOTION: Mike Uriegas SECOND: Rodrigo Jaime That the Commissioners Court approve Membership in the MRGDC Workforce Programs, i.e., FS E&T Workfare and Choices Work Skill Volunteer Program, as presented. 2.23 APPROVED: PRESENTATION, MAINTENANCE CONTRACT ARANDA COMMUNICATIONS [RE:-- Jose Aranda and son Daniel Aranda of ARANDA COMMUNICATIONS (Eagle Pass, TX) addressed court Members w/presentation of their service, i.e., compliant w/ County Information Resources Agency (CIRA) for installing Data Integration Service, Domain Name Registration, Electronic Payment services, E-mail, Internet Service, Listserves, Public Notification System and Websites; two(2) options and their fees explained ] That the Commissioners Court approve option: Custom Independent website w/ a 2-year contract $450 monthly maintenance fee and designate County Judge Secretary Leticia Carmona as Contact Person.subject to review of and approval of contract agreement by the County Attorney as presented. 12 : 13 : 10 PAGE : 4
2.24 APPROVED: SHARE EXPENSES FOR NEW FENCE AT INDUSTRIAL PARK AREA [RE:--previously commented (11-12-2010) that fence was damaged due to cows getting spooked in the a.m. hours from loud noises in the Law Enforcement building area---the property owner Ed John has offered to purchase material to rebuild the fence if the county is willing to provide the labor ] That the Commissioners Court approve to share expenses with Mr. Ed John whom will provide fencing materials to build a high fence at Industrial Park area (county property) and authorize county to provide labor (including welder) (..estimate $1,700 and not more than $2,000 for labor) from Road&Bridge Pct. 4 budget and authorize Mr. John to enter the county property area during installation of the new fence, as presented. 2.25 APPROVED: TRAVEL REQUEST JP PCT. 1 MOTION: David Taylor SECOND: Mike Uriegas That the Commissioners Court approve travel request and expenses for JP Pct. 1 Sonia G. Mendoza to attend Justice of The Peace 20-Hour Seminar, February 20-23, 2011 in Austin, TX as presented. 2.26 APPROVED: TRAVEL REQUEST JP PCT. 4 That the Commissioners Court approve travel request and expenses for JP Pct. 4 Alfredo Martinez to attend Texas Justice Court Training Center, March 1 4, 2011 in Corpus Christi, TX as presented. 2.27 DENIED : TRAVEL REQUEST JP PCT. 4 COURT CLERK That the Commissioners Court approve to deny travel request for JP Pct. 4 Court Clerk Amanda Riojas to attend the Texas Justice Court Training Center, June 1 3, 2011 in San Antonio, TX as presented. 3. L A W E N F O R C E M E N T 3.1 APPROVED: INTERLOCAL COOPERATIVE AGREEMENT w/ WEBB COUNTY That the Commissioners Court approve the Interlocal Cooperative Agreement between Webb County and Dimmit County (for housing inmates)..subject to review and approval from the County Attorney. 3.2 APPROVED: MEDICAL LEAVE REQUEST FOR RECORDS CLERK That the Commissioners Court approve Family Medical Leave Request for Office Records Clerk Corina Munoz from November 8, 2010 thru January 19, 2011 as presented. Discussion:---not a guarantee will resume job position 3.3 APPROVED: PROMOTION FULL TIME DISPATCHER MOTION: David Taylor SECOND: Rodrigo Jaime That the Commissioners Court approve to promote Elias Perez from part-time to full-time Dispatcher, effective : December 22, 2010 as presented. 3.4 APPROVED: HIRING OF RESERVE DEPUTIES MOTION: David Taylor SECOND: Rodrigo Jaime That the Commissioners Court approve the Hiring of : Leonel Gonzalez, Emilio A. Benavidez and Mario Vargas as Reserve Deputies, effective : December 6, 2010 Discussion:--- county does not pay for their bond 3.5 JAIL STATUS REPORT [RE:-- 25 contract inmates; 24 local. La Salle County Jail is closing; to send inmates by end of this month obtaining Price quotes for walkie-talkies ---cost estimates in from Ramirez Construction; court suggests to review sketch plan and Inquire about water, sewer, gas permits; monies for this from Forfeiture Fund ] NO MOTION PRESENTED. 12 : 13 : 10 PAGE : 5
4. GRANTS & PLANNING / REGULATORY COMPLIANCE DEPARTMENTS 4.1 APPROVED: FEE INCREASE FOR PRIVATE ON-SITE SEWAGE FACILITIES That the Commissioners Court approve increase of Fees for private on-site sewage facilities as follows : $ 210.00. Residence Rate $ 410.00. Commercial Rate Effective: December 13, 2010 as presented. 4.1(b) APPROVED: FEE INCREASE FOR WATER RATES BRUNDAGE WATER SYSTEM That the Commissioners Court approve the base rate for over 50,000 gallons at an additional $75.00 plus $2.00 per 1,000 gallons over the 50,000 approved for a 2-mile radius, effective: February 1, 2011 as presented. 4.2 APPROVED: FEE INCREASE FOR ELECTRICAL INSPECTIONS That the Commissioners Court approve increase of Fees for electrical inspections for both residential and commercial customers, i.e.,: $ 50.00. Residential $ 100.00. Commercial Effective: December 13, 2010 as presented. 4.3 DISCUSSION: CONCERNS WITH THE PERMIT PROCESS [RE:--a permit is not an easement; only for surface use to bury need Commsrs. Court approval of Easement or from The private owner including for boring purposes---need to ask who owns the bottom surface(?) ] NO MOTION PRESENTED. 4.4 APPROVED: MONTHLY REPORT CODE COMPLIANCE OFFICER MOTION: Johnny Gloria SECOND: Mike Uriegas That the Commissioners Court approve the Report for Month of November 2010 from Code Compliance Officer Deputy J. Vasquez #704 as presented. 4.5 STATUS REPORT [RE:-- Airport Drive road in need of improvement(s) software for laptops($50,000 grant) closeout for last house project set for December 21 TDCA for inside city limits and TDCA for outside city limits A/C Efficiency Grant turnkey bid for Next Agenda Item ---Sharon Fleming from State Historical Committee w/study that pays 85% of costs to improve acoustics in the District Courtroom ] NO MOTION PRESENTED. 5. F I N A N C I A L 5.1 APPROVED: REIMBURSEMENT 365 TH DISTRICT COURT ADMIN ASSISTANT That the Commissioners Court approve reimbursement to 365 th Judicial District Court Administrative Assistant--- Myrna Motano for expenses incurred w/travel on November 15, 2010. 5.2 APPROVED: PURCHASE ORDERS AND CLAIMS That the Commissioners Court approve Purchase Orders and Claims as presented. 12 : 13 : 10 PAGE : 6
5.3 APPROVED: CLAIM DOCKET MOTION: Johnny Gloria SECOND: Mike Uriegas That the Commissioners Court approve General Fund docket ($230,834.95) as presented. That the Commissioners Court approve BJA-BYRNE JAG(Copsync) docket ($68,061.00), the Law Library docket ($707.00) and the Airport Fund Project docket($250.00) as presented. (s) MOTION: Johnny Gloria SECOND: Rodrigo Jaime That the Commissioners Court approve Public Safety Facilities Corp docket($4,918.58) and the Grants & Planning docket($598.96) as presented. That the Commissioners Court approve Utilities Fund docket($1,707.05) and Edward Byrne Memorial Justice docket($27,666.40) as presented. A D D E N D U M 4. GRANTS & PLANNING / REGULATORY COMPLIANCE DEPARTMENTS (s) (s) 4.6 APPROVED: AUTHORIZE ADVERTISEMENT FOR BIDS [RE:-- for street improvements in Carrizo Hill ($312,000) ] That the Commissioners Court approve to authorize advertise request for qualification (RFQ) for engineering services for the 2010 CDBG Grant, as presented. 6. A D J O U R N M E N T That the Commissioners Court approve to Adjourn Meeting [1:00 PM]. APPROVED: FRANCISCO G. PONCE, COUNTY JUDGE ATTEST: MARIO Z. GARCIA, COUNTY CLERK Regular Session December 13, 2010 PAGE : 7 of 7