com_crt_minutes_01-26-09 by chrstphr

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									REGULAR                              JANUARY 26, 2009              MEETING

THE STATE OF TEXAS                   }
                                     }
COUNTY OF SAN PATRICIO               }

BE IT REMEMBERED THAT, notice had been duly filed and posted by the County
Clerk on the 22nd day of January, 2009 at 9:55 A.M. at a regular meeting of the
Commissioners’ Court on MONDAY January 26, 2009 at 9:00 A. M. in the San Patricio
County Courthouse Commissioners Courtroom # 230 second Floor, Sinton, Texas. At
which time the following subjects will be discussed, concerned, passed, or adopted. In
accordance with the notice, the meeting was called to order at 9:00 A. M.

The following members were present, to-wit:
       Terry Simpson              County Judge
       Nina G. Trevino            Commissioner, Precinct 1
       Fred P. Nardini            Commissioner, Precinct 2
       Alma Moreno                Commissioner, Precinct 3
       Jim Price, Jr.             Commissioner, Precinct 4
       Gracie Alaniz-Gonzales     County Clerk, and
       David Wendel               County Auditor

The following proceedings were had, to-wit:

1.2    PLEDGES OF ALLEGIANCE
The Court opened the regular meeting with the Pledges of Allegiance to the flag of the
United States and to the flag of the State of Texas

                                          ******

2.1    EXAMINATION OF ALL CLAIMS AGAINST SAN PATRICIO COUNTY
Commissioner Nardini made the motion seconded by Commissioner Trevino to pay all
claims against San Patricio County dated January 23& 26, 2009 Motion Carried 5-0
See Commissioners’ Court Exhibits Vol. 155 Pages 394-425

                                         ******

2.2    BUDGET LINE ITEM TRANSFERS
Commissioner Nardini made the motion seconded by Commissioner Moreno to accept
and approve the budget line items as follows:
Department                    To                From                 Amount
Road & Bridge #1              Signage           Contingency Transfer +/-$ 1,000.00
Road & Bridge #1              NCO Furniture     Contingency Transfer +/-$ 1,000.00
Road & Bridge #1              Furniture/Vehicle Contingency Transfer +/-$10,607.00

Motion Carried 5-0 See Commissioners’ Court Exhibits Vol. 155 Pages 426-428

                                         ******

2.3   RECONCILIATION AND INVESTMENT REPORTS
No report this week
                           ******

1.3    MINUTES
Commissioner Nardini made the motion seconded by Commissioner Trevino to accept
and approve minutes for January 12, 2009 as submitted by County Clerk. Motion Carried
5-0




                                                  January 26, 2009 Volume 44 Page 354
1.4     CITIZENS TO BE HEARD
No citizens to be heard were present
                                        ******

1.5   CONSENT ITEMS
Commissioner Trevino made the motion seconded by Commissioner Nardini to accept,
approve and record the following:
              a.      Deputations for Tax Collector’s office staff
              b.      Laura Miller, District Clerk certificate of CEU’s –17 hours 37th
                      Annual County and District Clerk’s continuing education seminar
                      and 20 hours as prescribed in Section 51.605 of the Texas
                      Government Code
              c.      Tax Collector’s activity report for the month of December 2008
              d.      Gracie Alaniz-Gonzales—County Clerk certificate of completion
                      of 20 hours of continuing education for 2008 as prescribed in
                      Section 51.065 of the Texas Government Code.
              e.      Adult Probation’s monthly caseload and collection summary report
                      for the month of December, 2008
              g.      Reappoint the following to the San Patricio County Drainage
                      District Board—Debra Barrett, at large and Jose Dominguez Road
                      & Bridge #3
Motion Carried 5-0 See Commissioners’ Court Exhibits Vol. 155 Pages 429-456

                                       ******

1.5    CONSENT ITEMS
Judge Simpson made the motion seconded by Commissioner Trevino to approve the
following:
              h.     Request from San Patricio County Historical Commissioner for
                     approval of two historical markers—Joseph F. Green La Quinta
                     Mansion and 100 year old First Baptist Church Aransas Pass
              i.     Processing fee in the amount of $100.00 each for two historical
                     markers—Joseph F. Green La Quinta Mansion and 100 year old
                     First Baptist Church—Aransas Pass
Motion Carried 5-0 See Commissioners’ Court Exhibits Vol. 155 Pages

                                       ******

1.6    HEALTH DEPARTMEN
Commissioner Moreno made the motion seconded by Commissioner Nardini to accept
and approve the following:
                  • Inter-local agreement for Health and Safety Code enforcement and
                      inspection and permitting septic system
Motion Carried 5-0 See Commissioners’ Court Exhibits Vol. 155 Pages 457-460

                                       ******

1.7     AWARD BIDS RECEIVED FOR CONCRETE PAVING AT THE
        SHOWBARN
Commissioner Price made the motion seconded by Commissioner Trevino to award bids
received on January 2, 2009 for concrete paving at he show barn to Garrett Construction,
Ingleside, Texas (Low bidder). Motion Carried 5-0 See Commissioners’ Court exhibits
Vol. 155 Pages 461-462
                                       ******

1.9    AWARD BIDS RECEIVED FOR THE PURCHASE OF ONE (1) FUEL
       TRUCK FOR T.P. MCCAMPBELL AIRPORT
Commissioner Price made the motion seconded by Commissioner Nardini to TABLE this
item until next week. Motion Carried 5-0


                                                  January 26, 2009 Volume 44 Page 355
1.10 SELLING 1984 DUMP TRUCK TO INGLESIDE ON THE BAY
Commissioner Price made the motion seconded by Commissioner Trevino to sell 1984
dump truck to Ingleside on the Bay for $100.00. Motion Carried

                                       ******

1.11    SUBMISSION TO COMMISSIONERS’ COURT –DISTRICT STATE
        FORFEITURE AND HOT CHECK FUND BUDGET FOR FY 2009
Patrick Flanigan, District Attorney gave the Court a brief report on the DA State
Forfeiture and Hot Check Fund Budget FY 2009. Judge Simpson made the motion
seconded Commissioner Trevino to accept and record DA’s State forfeiture and Hot
Check fund budget for FY 2009. Motion Carried 5-0 See Commissioners’ Court Exhibits
Vol. 155 Pages 463-464
                                         ******

1.12    DISTRICT ATTORNEY STATE FORFEITURE FUND CONTRIBUTION
        TO SAN PATRICIO COUNTY FOR DRUG ABUSE PREVENTION AND
        TREATMENT
Patrick Flanigan, District Attorney presented the Court with a check in the amount of
$6,700.00 from the State forfeiture fund to be used in San Patricio County for drug abuse
prevention and treatment. Commissioner Nardini made the motion seconded by
Commissioner Trevino to accept the contribution from the District Attorney. Motion
Carried 5-0
                                        ******

1.5    CONSENT ITEMS
Lou Shrier with Naismith Engineering appeared before the Court and gave a brief
presentation on the proposed horse barn at the show grounds. Judge Simpson made the
motion seconded by Commissioner Trevino authorize the following:
               f.      Authorize County Auditor’s office to advertise for bids for new
                       horse barn at the County Fairgrounds.
Motion Carried 5-0 See Commissioners’ Court Exhibits Vol. 155 Pages 465-466

                                      *******

1.8      UPDATE BY ARCADIS REGARDING SINTON AIRPORT
         CONTAMINATION SITE
Bryan Haney with Arcadis gave the Court an update on the contamination at the Sinton
Airport. He stated that historically crop dusting operations utilized two earthen
impoundments each connected to a wash down area. He stated that the impoundments
were used by Greenway Aviation and Wright Way Spraying Services. It appears that
Burkett Flying Service also contributed to the site contamination. Soil impact is limited
to mainly the airport property, centered primarily around the north and south eastern
impoundments. Groundwater is impacted with arsenic, pesticides, herbicides and other
organic compounds. Groundwater monitoring wells have been installed both onsite and
offsite to determine the lateral and vertical extent of impact to groundwater and to
determine the concentration of chemicals of concern in ground water. He stated that 9
million gallons of water would be treated and that the cost is estimated to range from
$800,000.00 to $1.1 million dollars. Judge Simpson made the motion seconded by
Commissioner Nardini to accept report by Arcadis on the contamination at the Sinton
Aiprort. Motion Carried 5-0 See Commissioners’ Court Exhibits Vol. 155 Pages 467-488




                                                   January 26, 2009 Volume 44 Page 356
3.1     EMPLOYMENT
Judge Simpson made the motion seconded by Commissioner Moreno to record the
following employees’ status changes implemented by the following departments of San
Patricio County in accordance with current personnel policies, county budget, and state
law and notification of such changes to the payroll division of the County Treasurer’s
Office.
        a.    Thomas Ross Arbuthnot—Employment—corrections Officer/Sheriff’s
              Department full time regular at $2,416.66 per month grade 28 effective
              February 1, 2009
        b.    Ivan F. Leiva—Employment—Corrections Officer/Sheriff’s Department
              fulltime regular at $2,416.66 per month grade 28 effective February 1,
              2009
        c.    David Ramirez—Employment-- Corrections Officer/Sheriff’s Department
              fulltime regular at $2,416.66 per month grade 28 effective February 1,
              2009
        d.    Tracy Mata—Resignation Amendment—Licensed Vocational
              Nurse/Sheriff’s Department full time regular at $3,241.00 per month
              effective January 13, 2009
        e.    James E. Lill—Employment/Transfer—Bailiff/Veteran’s Officer full time
              regular at $2,352.72 per month/$776.40 per month effective February 2,
              2009

Motion Carried 5-0 See Commissioners’ Court Exhibits Vol. 155 Pages 489-493

                                       ******

3.2     APPROVE NEW PART TIME POSITION FOR R & B #2
Judge Simpson made the motion seconded by Commissioner Nardini to approve a new
part time employee position for R & B #2 to be utilized at the precinct barn. Motion
Carried 5-0
                                      ******

4.       EXECUTIVE SESSION
Public Notice is given that the San Patricio Commissioners’ Court may elect to go into
Executive Session anytime during the meeting to discuss matters listed on the agenda.
When authorized by the provisions of the Open Meeting Act chapter 551 of the Texas
Government Code. In the event the Commissioners’ Court elects to go into Executive
Session regarding an agenda item, the section or sections of the Open Meeting Act
authorizing the Executive Session will be publicly announced by the presiding officer.
In accordance with the authority of the Government Code Vernon’s Texas Codes, Section
551.071, 551.072, 551.073, 551.074, 551.076, & 551.086 the Commissioners’ Court will
hold an Executive Session to consult with attorney(s) including matters related to
litigation; deliberation regarding real property; prospective gift(s); personnel matters;
including termination; security devices, and/or economic development negotiation and
other matters that may be discussed in Executive Session. Upon completion of the
Executive Session, the Commissioners’ Court may in open session take such action as
appropriated on item discussed in an Executive Session

At 10:37 a.m. the Court took a five minute break
At 10:44 a.m. the Court with its attorney went into closed session
       a.      Closed session in accordance with Section 551.072 of the Texas
               Government Code Chapter 551—Real Estate
At 10:56 a.m. the Court reconvened into regular session
       b.      Judge Simpson made the motion seconded by Commissioner Price to
               move forward with the purchase of property in Aransas Pass for the new
               Courthouse Annex and to authorize the County Auditor’s office to
               advertise for engineering and architectural services.
Motion carried 5-0



                                                  January 26, 2009 Volume 44 Page 357
6      ADJOURNED
Judge Simpson made the motion seconded by Commissioner Nardini that with no further
business before the Court the meeting adjourn. Motion Carried 5-0 Meeting was
adjourned at 10:57 a.m.
                      ___________________________________________________
                      TERRY SIMPSON, County Judge

                    ___________________________________________________
                    NINA TREVINO, County Commissioner, Precinct 1

                    ___________________________________________________
                    FRED P. NARDINI, County Commissioner, Precinct 2

                    ___________________________________________________
                    ALMA V. MORENO, County Commissioner, Precinct 3

                    ___________________________________________________
                    JIM PRICE, JR., County Commissioner, Precinct 4

ATTEST:     _______________________________________________
            GRACIE ALANIZ-GONZALES, County Clerk, Ex Officio




                                               January 26, 2009 Volume 44 Page 358

								
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