COMMISSIONERS COURT JULY 2016 TERM

ON THIS THE 25TH DAY OF JULY, 2016, BEING THE FOURTH MONDAY OF THE MONTH, THE HONORABLE DIMMIT COUNTY COMMISSIONERS COURT CONVENED IN REGULAR SESSION, WITH MEMBERS PRESENT TO-WIT :

FRANCISCO G. PONCE

MIKE URIEGAS COUNTY JUDGE JUAN R. CARMONA

COMMISSIONER PCT. 1 COMMISSIONER PCT. 3

ALONSO G. CARMONA VALERIE RUBULCABA

COMMISSIONER PCT. 2 MARIO Z. GARCIA COMMISSIONER PCT. 4

COUNTY CLERK & EX-OFFICIO CLERK

OF COMMISSIONERS COURT

VISITORS : Mary E. Sandoval Jose Calzada Robert Diaz Ray Garza Juan Oyervides Travis Galindo Zack Bradshaw Adrian Zamora Gracie Perez

Joe Robles Sonia Guerrero Alberto Esquivel Leticia Hernandez Alfredo Martinez James E. Cabello Ruth Ceniseros Claudia McDaniel

Daniel Gonzalez Estanislado Z Martinez Eric Olivarez Carlos Pereda Dan Hejl Carlos Arce Francesca Howland Carl Walker

Darrell Chancey Joe Koch Quinton Bass Drew Harrold Eloy F. Rodriguez, Sr. Michael Reed

<:> 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/SALUTE TO THE TEXAS FLAG

1.4 TESTIMONIAL OATH OF PRESENTERS

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. County Judge proceeded to swear-in all Presenters whom will be addressing the court to ascertain that their Testimony given is truthful and are committed to their respective information, requests and/or proposals presented.

1.5 PUBLIC COMMENT

a) FOR THE RECORD : Certificate(s) of Completing Education Training Hours for Commissioner Pct. 4 : Valerie C.

Rubulcaba and Commissioner Pct. 3 : Juan R. Carmona from The V.G. Young Institute of County Government

1.6 APPROVED: MINUTES OF REGULAR MEETING – JULY 11, 2016

MOTION: Valerie Rubulcaba SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE :

MINUTES of Regular Meeting held on July 11, 2016 as presented . MOTION CARRIED.

2. P E R S O N N E L & P O L I C Y

2.1 APPROVAL OF BOND(s)

MOTION: Mike Uriegas SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

BOND for Deputy Clerk District Clerk’s Office – Christina Cruz as presented . MOTION CARRIED.

JOINT AGENDA ITEMS :

2.2 APPROVED: MONTHLY REPORT – JP PCT. 1

2.3 APPROVED: MONTHLY REPORT – JP PCT. 2

2.4 APPROVED: MONTHLY REPORT – JP PCT. 3

2.5 APPROVED: MONTHLY REPORT – JP PCT. 4

MOTION: Alonso Carmona SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

REPORTS for Month of June 2016 from JP Pct. 1 : Sonia Guerrero, JP Pct. 2-Alberto Esquivel, JP Pct. 3-Leticia Hernandez and

JP Pct. 4-Alfredo P. Martinez all as presented .

Discussion:--JP 1, JP 2 Offices to relocate into new Courthouse “Annex” upon completion. MOTION CARRIED. *attachments

2.6 APPROVED: MONTHLY REPORT – DISTRICT CLERK

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

REPORT for Month of June 2016 from District Clerk-Maricela Gonzalez as presented .

Discussion:--District Clerks Office to relocate into new Courthouse “Annex” upon completion; Jose Calzada (ARCHITECTURA, SA) preparing presentation on furniture for the “Annex” MOTION CARRIED. *attachment

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2. PERSONNEL POLICY

2.7 APPROVED: MONTHLY REPORT – COUNTY CLERK

MOTION: Alonso Carmona SECOND: Mike Uriegas THAT THE COMMISSIONERS COURT APPROVE :

REPORT for Month of June 2016 from County Clerk-Mario Z. Garcia as presented.

Discussion:--County Clerk’s Office remaining in Main Courthouse; expanding office into County Judges’ Office/Commissioners Courtroom MOTION CARRIED. *attachment

2.8 APPROVED: MONTHLY REPORT – COUNTY TREASURER

MOTION: Mike Uriegas SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

REPORT for Month of June 2016 from County Treasurer-Estanislado Z. Martinez as presented. MOTION CARRIED.*attachment

2.9 APPROVED: MONTHLY REPORT(s) – COUNTY COMMISSIONERS

MOTION: Alonso Carmona SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE :

REPORT(s) for Month of June 2016 from County Commissioners: Pct. 1-Mike Uriegas, Pct. 2-Alonso Carmona, Pct. 3-Juan R.

Carmona and for Month of May and June 2016 from Pct. 4-Valerie Rubulcaba.

Discussion:--Pct.3-John Henrichson lease from McFaddin causing ROW issue for cement work. MOTION CARRIED.*attachments

2.10 APPROVED: MONTHLY REPORT – DCVFD BATTALION CHIEF

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

REPORT for Month of May and June 2016 from Battalion Chief-Juan Oyervides for DCVFD. MOTION CARRIED. *attachment

2.11 APPROVED: RENEWAL OF TRUANCY OFFICER CONTRACT – CSCISD

[RE:--JP 1, JP 2 to hear all truancy cases; School pays County $12,400—County pays Truancy Clerk salary+benefits($14,095.55—

new 1-Yr. Term ends on 08/21/2017 ]

MOTION: Valerie Rubulcaba SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE :

INTERLOCAL COOPERATION AGREEMENT between Dimmit County and Carrizo Springs CISD to contract for Truancy Services

as presented . MOTION CARRIED. *attachment

2.12 APPROVED: HIRING – ATTORNEY FOR APPEAL ON BURNS CASE (vs. Dimmit County)

[RE:--Burns has filed Motion for new Trial; county needs to hire an Appellate Attorney ]

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

To AUTHORIZE County Judge Francisco G. Ponce to negotiate Contract and Fee w/ Law Firm of Langley & Banack for the Burns Case as presented and report findings to Commissioners Court. MOTION CARRIED.

2.13 APPROVED: ATTORNEY FEES PAYMENT – BURNS CASE (vs. Dimmit County)

[RE:--balance pending; case started 3-yrs ago ]

MOTION: Juan Carmona SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

PAYMENT for Attorney(s) FEES for the Appeal in the Burns Case as presented.

Discussion:--Burns money must be “in effect”,i.e., no Surety Bond MOTION CARRIED.

2.14 APPROVED: USE OF BOWMAN FIELD PARK – SOCCER LEAGUE SEASON, 2016

[RE:--spokesperson, Chairman Estanislado Z. Martinez w/request ]

MOTION: Alonso Carmona SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

Use of Bowman Field Park for the Carrizo Springs Soccer League Season, from September 15 thru November 15, 2016 as presented . MOTION CARRIED.

2.15 APPROVED: RESOLUTION NO. –CSA HOME DELIVERED MEAL GRANT PROGRAM, 2016-2017

[RE:--CSA spokesperson Roberto Diaz w/request ]

MOTION: Mike Uriegas SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

RESOLUTION NO. –Authorizing (Dimmit) County Grant to the Community Services Agency (CSA) of South Texas Inc., for the “Texans Feed Texans” : Home Delivered Meal Grant Program($130,000) as presented. MOTION CARRIED. *attachment

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2.16 APPROVED: (..subject to) AMEND PERSONNEL POLICY(Family Medical Leave) – EMPLOYEE DONATE/BORROW VACATION TIME FROM OTHERS

[RE:--Sheriff Dept. employee anticipates to be out 3-4 months,for out-of-state medical care for two of his children and has now used up all his vacaction time; fellow employee(s) are offering to donate their accrued time. COURT ADVISORY: current policy is

“silent” on this type of provision; would be an issue for the system as to how to transfer (hours) ]

MOTION: Valerie Rubulcaba SECOND: Mike Uriegas THAT THE COMMISSIONERS COURT APPROVE :

To Amend Personnel Policy, i.e., add #16 provision to POLICY ON VACATION (Sec.2.01, Page 2 of 3) : Commissioners Court will approve …subject to on a “case by case” basis and determine whether an employee can donate/borrow vacation time from another employee for medical emergency issues, illness, disability; in conjunction with the Family Medical Leave (2.01, #11, #12 of the County Personnel Policy Manual as presented .

ABSTAIN : Alonso Carmona, Juan Carmona MOTION CARRIED. *attachment

2.17 APPROVED: OPEN-CLOSE BIDDING – EMERGENCY MEDICAL SERVICES

[RE:--County Judge Francisco G. Ponce opened and duly read aloud the two(2) Bids timely submitted :

1. Aspen Medical Eagle Pass $ 300,000.00

2. Med Shield Ambulance Carrizo Springs $ 240,000.00 ]

MOTION: Valerie Rubulcaba SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE :

Opening of and Close all BIDS for Emergency Medical Services and designate the County Auditor to analyze bids for best value and recommendation Report as presented . MOTION CARRIED. *attachment(s)

2.18 APPROVED: OPEN-CLOSE BIDDING – DIAMOND H PHASE 2 ROAD & DRAINAGE IMPROVEMENTS

[RE:--County Judge Francisco G. Ponce opened and duly read aloud the five(5) Bids timely submitted :

1. Al Helmcamp Inc. Buffalo, TX $ 7,477,559.70

Alternative Bid : 1,243,335.00

2. JR Sitework Marion, TX $ 7,473.069.50

AB : 918,745.50

3. Angel Brothers New Braunfels, TX $ 6,305,197.90

AB : 590,990.00

4. Anderson Columbia Weslaco, TX $ 7,413,098.60

AB : 923,123.00

5. Dirt Boys Inc. San Antonio, TX $ 7,186.980.35

AB : 758,499.35 ]

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

Opening of and Close all BIDS for Diamond H Phase 2 Road & Drainage Improvements and designate Engineer Dan Hejl , County Auditor Carlos Pereda to analyze for best value and recommendation Report. MOTION CARRIED. *attachments(s)

2.19 APPROVED: SIGNAGE – RECREATIONAL CENTER and JUSTICE OF THE PEACE PCT. 3 BUILDINGS (Big Wells)

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

SIGNAGE(s) for the Dimmit County Recreational Center and for the Justice of The Peace Pct. 3 Buildings as presented .

MOTION CARRIED. *attachment

2.20 APPROVED: PLAQUES – RECREATIONAL CENTER and JUSTICE OF THE PEACE PCT. 3 BUILDINGS (Big Wells)

AND “CORRECTIONS” TO LETTERING ON PLAQUES

[RE:-- The Southwell Co. (San Antonio) @ $1,154.40 each= $2,499.28 ]

MOTION: Mike Uriegas SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

PLAQUES for the Dimmit County Recreational Center and for the Justice of The Peace Pct. 3 Buildings with “corrections” to the Lettering , i.e., to add : 1) In Conjunction with City of Big Wells and 2) include names of former City Officials, in office, when these projects began, as presented . MOTION CARRIED. *attachment(s)

2.21 TABLED: CONSIDER AMENDING/DISSOLVING OF THE CETRZ’s and TRZ’s IN THE COUNTY OF DIMMIT

MOTION: Juan Carmona SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

to TABLE this Item . MOTION CARRIED. *attachment

2.22 APPROVED: RESOLUTION NO. –REGION VIII EDUCATION SERVICE CENTER FOR T.I.P.S. SYSTEM

MOTION: Valerie Rubulcaba SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE :

RESOLUTION NO. –w/Region VIII Education Service Center for The Interlocal Purchasing System(TIPS) as presented .

MOTION CARRIED. *attachment

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2. PERSONNEL & POLICY, contd.,

2.23 APPROVED: HIRING – MECHANIC FOR ROAD & BRIDGE PCT. 3

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

HIRING (TBA) of a full-time Mechanic for Road & Bridge Pct. 3 & 6, effective: July 18, 2016 at hourly wage rate of $10.00, which will increase (TBA) after completion of Probation Period as presented. MOTION CARRIED.

2.24 APPROVED: PURCHASE END DUMP TRAILER – SANITATION DEPARTMENT

MOTION: Juan Carmona SECOND: Mike Uriegas THAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of (2017 ArmorLite Steel Half Round) End Dump Trailer ($39,999.00) for Sanitation Department (thru Sanitation Dept. Budget; if not able, then thru Public Safety Facilities) and for all R&B Pcts. as presented. MOTION CARRIED. *attachment

2.25 APPROVED: PURCHASE VACUUM TRAILER – ROAD & BRIDGE PCT. 2

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of 130BBL Vacuum Trailer from East Texas Truck Systems (Tyler,TX-$39,987.00)/TIPS for Road&Bridge Pct. 2 as presented . MOTION CARRIED. *attachment

2.26 APPROVED: PURCHASE PICKUP TRUCK – ROAD & BRIDGE PCT. 1

MOTION: Juan Carmona SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of a 2016 Chevrolet Silverado Pickup Truck ($23,705.15) for Road &Bridge Pct. 1 as presented. MOTION CARRIED.

*no attachment

2.27 APPROVED: PURCHASE MOWER – ROAD & BRIDGE PCT. 1

MOTION: Valerie Rubulcaba SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of a Zero Turn Mower ($3,149.00) for Road & Bridge Pct. 1 as presented. MOTION CARRIED.

*no attachment

2.28 APPROVED: PURCHASE VACUUM TANK – ROAD & BRIDGE PCT. 4

MOTION: Mike Uriegas SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of a Vacuum Tank for Road & Bridge Pct. 4 (from current budget) as presented. MOTION CARRIED.

*no attachment

2.29 APPROVED: PURCHASE ICE MACHINE – ROAD & BRIDGE PCT. 4

MOTION: Mike Uriegas SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of an Ice Machine for Road & Bridge Pct. 4 as presented . MOTION CARRIED. *attachment

2.30 APPROVED: TXDMV ANNUAL IMPOSITION OF OPTONAL FEES, 2016 – COUNTY TAX OFFICE

MOTION: Mike Uriegas SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

OPTION B : TXDMV Annual Imposition of Optional Fees for Calendar Year 2017, effective: September 1, 2016 , i.e.,

Road&Bridge Fee: $10.00 + Child Safety Fee: $1.50 = $11.50 as presented. MOTION CARRIED. *attachment

2.31 APPROVED: APPOINTMENTS – COUNTY ELECTION PRESIDING AND ALTERNATE JUDGES, 2016-2017

MOTION: Valerie Rubulcaba SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

APPOINTMENT of County Election Presiding and Alternate Judges for Term: August 1, 2016 to July 30, 2017 (TX Election Code

32.002, 127.005(e) as presented (see *attachment). MOTION CARRIED. *attachment

2.32 APPROVED: TRAVEL REQUEST – COUNTY ATTORNEY, ADMINISTRATIVE ASSISTANT

MOTION: Alonso Carmona SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

TRAVEL request/expenses for County Attorney Daniel M. Gonzalez and Administrative Assistant-Estela M. Villarreal to attend :

Texas Conference on Criminal Justice Information System Reporting, September 27-28-29, 2016 in San Antonio, TX .

MOTION CARRIED. *attachment(s)

2.33 APPROVED: TRAVEL REQUEST – COUNTY ATTORNEY

MOTION: Alonso Carmona SECOND: Valerie Rubulcaba THAT THE COMMISSIONERS COURT APPROVE :

TRAVEL request/expenses for County Attorney-Daniel M.Gonzalez to attend : Annual Criminal and Civil Law Update, September 21-22-23, 2016 in Galveston, TX as presented . MOTION CARRIED. *attachment

2.34 APPROVED: TRAVEL REQUEST – COUNTY AUDITOR

MOTION: Valerie Rubulcaba SECOND: Alonso Carmona THAT THE COMMISSIONERS COURT APPROVE :

TRAVEL request/expenses for County Auditor-Carlos Pereda to attend : TAC Legislative Updates, August 24-25-26, 2016, in

Austin, TX as presented . MOTION CARRIED. *attachment

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2.35 APPROVED: TRAVEL REQUEST – COUNTY TAX ASSESSOR&COLLECTOR