COMMISSIONERS COURT NOVEMBER 2016 TERM

ON THIS THE 15TH DAY OF NOVEMBER, 2016, THE HONORABLE DIMMIT COUNTY COMMISSIONERS COURT CONVENED IN REGULAR SESSION, WITH MEMBERS PRESENT TO-WIT :

FRANCISCO G. PONCE

COUNTY JUDGE

MIKE URIEGAS 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

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VISITORS SIGNED-IN:Carlos Pereda Norma Carrillo Kenneth Hitt Mary Perez Ramon Diaz Higinio Sanchez Hector V. Gonzalez Jeff Davis

Macario A. Ortiz Benjamin Factor Daniel Walters Christian A. Davila Jose Calzada Ted Rodriguez, Jr. Andres Arambula

Ruth A. Ceniseros Luis A. Perez Joe Koch Daniel M. Gonzalez Marion Boyd

OTHER VISITORS:Jose Galvan LarryVotaw Patrick J. Kelly John Petry Donato Ramos, Jr.

<:> 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

1.1CALL MEETING TO ORDER 1.2 ROLL CALL 1.3 PLEDGE OF ALLEGIANCE AND SALUTE TO THE TEXAS FLAG

1.4TESTIMONIAL OATH FOR 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, with a full quorum present and so duly noted for the record. Court. Court Members led the Pledge of Allegiance and Salute to The Texas Flag.

1.5PUBLIC COMMENT

a)Francisco G. Ponce-County Judge, RE:-- a) RECOGNITION OF DIMMIT COUNTY VETERANS to “Thank” All Veterans for their sacrifice and service to our country; County Commissioners each expressed their personal note of appreciation, b)Judge

Ponce ceremoniously fastened a Recognition Pin on Vietnam Veteran Macario Ortiz (Carrizo Springs)

JOINT AGENDA ITEMS :

1.6APPROVED:MINUTES OF SPECIAL MEETING – OCTOBER 20, 2016

1.7APPROVED:MINUTES OF REGULAR MEETING – OCTOBER 24, 2016

MOTION:Alonso CarmonaSECOND:Mike UriegasTHAT THE COMMISSIONERS COURT APPROVE :

MINUTES of Special Meeting held on October 20, 2016 and MINUTES of Regular Meeting held on October 24, 2016 as presented. MOTION CARRIED.

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

2.1APPROVAL OF BOND(s)

MOTION:Alonso CarmonaSECOND:Mike UriegasTHAT THE COMMISSIONERS COURT APPROVE :

BOND for Deputy Clerk County Treasurer-Erik B. Torres as presented .MOTION CARRIED.

2.2TABLED:MONTHLY REPORT – AG EXTENSION AGENT

MOTION:Alonso CarmonaSECOND:Mike UriegasTHAT THE COMMISSIONERS COURT APPROVE :

To TABLE this Item.MOTION CARRIED.

2.3APPROVED:TRAVEL REQUEST – AG EXTENSION AGENT

MOTION:Juan CarmonaSECOND:Mike UriegasTHAT THE COMMISSIONERS COURT APPROVE :

TRAVEL request/expenses for Ag Agent-Richie Griffin to attend : Faculty Training and Conference, November 15-16-17, 2016 in

Weslaco, TX as presented.MOTION CARRIED.*attachment

2.4APPROVED:MONTHLY REPORT – RODEO ARENA EVENTS COORDINATOR

MOTION:Mike UriegasSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

REPORT for Month of October 2016 from Rodeo Arena Events Coordinator-Mary Perez as presented.

Discussion:--Carrizo Homecoming event in ballroom resulted w/a broken scan key ---COURT ADVISORY: remind renters that if they are not compliant with the Rules—event will end and everyone removed from the premises

MOTION CARRIED.*attachment

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2.PERSONNEL & POLICY, contd.,

JOINT AGENDA ITEMS :

2.5TABLED:MONTHLY REPORT – CONSTABLE PCT. 1

2.5bAPPROVED:MONTHLY REPORT – CONSTABLE PCT. 2

2.6APPROVED:MONTHLY REPORT – CONSTABLE PCT. 3

2.7APPROVED:MONTHLY REPORT – CONSTABLE PCT. 4

MOTION:Alonso CarmonaSECOND:Mike UriegasTHAT THE COMMISSIONERS COURT APPROVE :

To TABLE Constable Pct. 1 Report and approve REPORTS for Month of October 2016 from Constables Pct. 2-Andres Arambula,

Pct. 3-Ruth Ceniseros and Pct. 4-Jose Galvan as presented.MOTION CARRIED.*attachment(s)

2.8APPROVED:MONTHLY REPORT – MED SHIELD AMBULANCE

MOTION:Mike UriegasSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

REPORT for Month of October 2016 - Luis A. Perez for Med Shield Ambulance as presented.MOTION CARRIED. *attachment

2.9APPROVED:MONTHLY REPORT – ARCHITECTURA S.A. / STATUS ON PROJECTS

MOTION:Mike UriegasSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

REPORT for Month of October 2016 from Jose Calzadafor ARCHITECTURA, S.A. as presented. MOTION CARRIED. *attachment

2.10APPROVED:(subject to) COURTHOUSE “ANNEX”-ADDITION OF MONEY ROOM FOR TAX OFFICE

[RE:--cost: $18,967.00—does not include Vaulted Safe; Calzada negotiating w/Banks closing that are selling this type item ]

MOTION:Valerie RubulcabaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

Addition of the Money Room next to the MDF Server Room No. 123 to be used by the County Tax Office at the new Courthouse

“Annex” …subject to review of and breakdown of costs, for best value to make a final determination, as presented .

MOTION CARRIED.*attachment

2.11NON-ACTION ITEM :PRESENTATION OF THE SUPPLEMENTAL TAX REVENUE – CAPITAL GROUP

[RE:--Kenneth Hitt, Manager, Minerals Divisionfrom Capital Group , present at request from the court; addressed court members with “How a Supplemental(s) are put on the Tax Rolls”-- quoting $159M in supplements for 2016; went on to explain the Mineral Tax Calendar; how data is purchased directly from the Railroad Commission, whom on average is 3-months behind—some counties do not report supplements until the following year—explained the role of Division Orders as key information to proceed withSupplements. …RE: CDS and missing (March 2016) Value List, i.e., nothing submitted from CDS (we) did not find that it created values, nor was the evidence supplied efficient to us (Capital). ] NO MOTION PRESENTED.

*attachment(s)

2.12APPROVED:PETITION TO VACATE, ABANDON, CLOSE COUNTY ROAD

[RE:--Atty. Patrick J. Kelly for Petitioner Larry Votawaddressed court members : road located West & North of Asherton, off Minus Road , never been used by the public for travel nor necessary to reach adjoining property(s), the only person affected by the closure is the petitioner. COURT ADVISORY: (to petitioner) consider 2½ acres around the Lagoon (city sewer) as a “swap” to allow City for surveillance ,i.e, not as a closure or fencing. ]

MOTION:Alonso CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

To authorize County Judge Francisco G. Ponce to prepare Deed document(s), including minerals, and proceed this Petition as a

“swap” of properties per discussion and agreement(s) with Langley & Banack, Inc. as presented.

MOTION CARRIED. *attachments

2.13APPROVED:USE OF LIGHTS – DIMMIT COUNTY SPORTS COMPLEX

MOTION:Mike UriegasSECOND:Alonso CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

AUTHORIZE use of the lights at the Dimmit County Sports Complex for Softball Select Team as requested by Coach-Rene Betancourt as presented . MOTION CARRIED.

2.14APPROVED:HIRING – FULL TIME COURTHOUSE CUSTODIAN

MOTION:Mike UriegasSECOND:Alonso CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

HIRING of AmyMuñozas new Custodian for Dimmit County Courthouse, 103 N. 5th St., Carrizo Springs, TX, effective : October

26, 2016 at hourly wage rate of $10.00, as presented.MOTION CARRIED.

2.15APPROVED:THANKSGIVING LUNCHEON & TRAINING – COUNTY EMPLOYEES

MOTION:Juan CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

Thanksgiving Holiday Luncheon & Training for Dimmit County Employees on November 23, 2016. MOTION CARRIED.

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2.16APPROVED:PAYMENT FOR MEALS – TAC REGIONAL ROUND TABLE COMMITTEE SESSION

MOTION:Alonso CarmonaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

PAYMENT to “Double Trouble Burgers” for meal provided to the (7 County Judges) TAC Regional Round Table Committee Session on October 7, 2016 at the Dimmit County Conference Center . MOTION CARRIED. *attachment

2.17APPROVED:CLARIFICATION – PERSONNEL POLICY ON BEREAVEMENT

MOTION:Alonso CarmonaSECOND:Mike UriegasTHAT THE COMMISSIONERS COURT APPROVE :

To Amend Dimmit County Personnel Policy, Section : Bereavement, i.e, to include one(1) day allowed for In-Laws and Step Parents as immediate family of the employee, as presented . MOTION CARRIED. *attachment

2.18APPROVED:AMEND INTERLOCAL AGREEMENT w/CITY OF CARRIZO SPRINGS – CLEAN-UP DOWNTOWN JOINT PROJECT IN CARRIZO SPRINGS, TX

MOTION:Mike UriegasSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

To Amend InterlocalAGREEMENT with City of Carrizo Springs to include a Project to “clean-up & paint-up” Downtown Carrizo Springs; a joint effort utilizing county, city employees and volunteers as presented. MOTION CARRIED. *attachment(s)

2.19APPROVED:DONATION – DIRT FOR FILLING FROM PRIVATE OWNER

[RE:--available for anyone; must provide own loader ]

MOTION:Valerie RubulcabaSECOND:Alonso CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

DONATION of dirt material from Ricardo Rodriguez property on Loop 517 as presented. MOTION CARRIED.

2.20APPROVED:PAY SCALE : NEW EMPLOYEES, EMPLOYEES WITH CDL, GENERAL EMPLOYEES

MOTION:Alonso CarmonaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

Minimum Pay Scale (SALARIES) for new County Employees as follows :

Road & Bridge : $12.00 …after 3 months : $ 14.00

General Maintenance :$10.00…after 3 months can increase based on performance

Secretarial Staff :$10.00…after 3 months can increase per commissioners court approval

as presented.MOTION CARRIED.

2.21APPROVED:(subject to) PURCHASE OF LEADER – ROAD & BRIDGE PCT. 4

MOTION:Mike UriegasSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of a (Case 621F 172 HP) Loader thru Buy Board(HGACBuy) for Road & Bridge Pct. 4 …subject to a Budget Adjustment

as presented.MOTION CARRIED.*attachment

2.22APPROVED:AWARD BID – RAW FOOD SUPPLIER FOR COUNTY JAIL INMATES

[RE:--County Auditor w/analysis of both bids submitted and recommendation to consider Performance Food Services perhaps even on a 6-month trial or year to year basis—Sheriff Marion Boyd made his recommendation to consider Sysco based on services as the current provider ]

MOTION:Alonso CarmonaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

To Award BID for Raw Food for Jail Inmates to SYSCO, INC. as presented.MOTION CARRIED.

2.23APPROVED:FAMILY MEDICAL LEAVE – COURT CLERK JP PCT. 4

MOTION:Valerie RubulcabaSECOND:Alonso CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

Family Medical LEAVE request for two(2) months for Court Clerk JP Pct. 4-Rosie Alfaro as presented.

Discussion:-- 3 months maximum; no salary during LeaveMOTION CARRIED.

2.24APPROVED:HIRING – TEMPORARY FULL TIME COURT CLERK JP PCT. 4

MOTION:Alonso CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

HIRING of (TBA) a Temporary Full-Time Court Clerk for JP Pct. 4, effective: November 9, 2016. MOTION CARRIED.

2.25APPROVED:TRAVEL REIMBURSEMENT – 365TH DISTRICT COURT COORDINATOR

MOTION:Juan CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

Travel REIMBURSEMENT FOR 365TH Court Coordinator Melissa Gonzalez for expenses incurred attending : 40th Annual TACA

Education Conference, October 24-27, 2016 in San Antonio, TX as presented .MOTION CARRIED.*attachment

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2.26APPROVED:TRAVEL REQUEST(s) – COUNTY COMMISSIONERS

MOTION:Alonso CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

TRAVEL requests/expenses for County Commissioners: Pct. 1-Mike Uriegas, Pct. 2-Alonso Carmona, Pct. 3-Juan Carmona and Pct. 4-Valerie Rubulcabato attend : District 12 Continuing Education Conference for County Officials, December 8, 2016 in

Laredo, TX as presented.MOTION CARRIED.*attachment(s)

3.L A W E N F O R C E M E N T

3.1APPROVED:DESIGNEE – TO HIRE ARCHITECT FOR REMODELING/EXPANSION JAIL PROJECT

MOTION:Alonso CarmonaSECOND:Mike UriegasTHAT THE COMMISSIONERS COURT APPROVE :

To authorize County Judge Francisco G. Ponce as DESIGNEE to Hire Architect for the remodeling/expansion project at the County Jail, as presented . MOTION CARRIED. *attachment

3.2APPROVED:PURCHASE OF VEHICLES, EQUIPMENT – OPSG15 GRANT

MOTION:Juan CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of : 1) 2017 Chevrolet Truck, 2) a 2017 Chevrolet Camaro and 3) equipment for the Sheriff’s Department through the OPSG15 Grant as presented . MOTION CARRIED.

3.3APPROVED:JAIL STATUS – SHERIFF’S MONTHLY ACTIVITY REPORT

[RE:-- Inmate pop. : 64 Federal + 25 Locals = 89 – next report to include breakdown of Citations by county and city ]

MOTION:Juan CarmonaSECOND:Alonso CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

JAIL Status and Monthly Activity REPORT for October 2016 from Sheriff Marion Boyd as presented.

MOTION CARRIED.*attachment

4.GRANTS & PLANNING / REGULATORY COMPLIANCE DEPARTMENTS

4.1APPROVED:PURCHASE – GARBAGE COLLECTION TRUCK FOR SANITATION DEPARTMENT

MOTION:Alonso CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

PURCHASE of a 2017 Freightliner (Garbage Collection) Truck and Box ($118,952.00) for the Sanitation Department as presented

MOTION CARRIED.*attachment

4.2APPROVED:ADVERTISE FOR BIDS – REMOVAL OF GASOLINE TANKS

MOTION:Juan CarmonaSECOND:Alonso CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

To Advertise for BIDS for the removal of gasoline tanks at the property known as Uncle Sam’s No. 18 (now county property) as

presented.MOTION CARRIED.

4.3TABLED:STATUS REPORTS

MOTION:Juan CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

To TABLE this Item.MOTION CARRIED.

5.F I N A N C I A L

5.1APPROVED:REIMBURSEMENT – 365TH JUDICIAL COURT COORDINATOR

MOTION:Alonso CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

REIMBURSEMENT to 365th Court Coordinator Melissa Gonzalez for expenses incurred for meals, October 20 thru November 7,

2016 as presented.MOTION CARRIED.

5.2APPROVED:LIST OF CLAIMS

MOTION:Valerie RubulcabaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

List of CLAIMS as presented.MOTION CARRIED.*attachment

5.3APPROVED:CLAIM DOCKET

MOTION:Alonso CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

GENERAL FUND docket ($124,653.91) as presented.

ABSTAIN: Francisco G. Ponce [ any/all claims for Michael Ponce, Ponce Family-related ]

Alonso Carmona, Juan Carmona [ any/all claims for Marina Carmona, Carmona Family-related]

MOTION CARRIED.*attachment

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5.3CLAIM DOCKET, contd.,

MOTION:Valerie RubulcabaSECOND:Alonso CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

GRAN FUND docket ($800.00), T ZONE FUND docket ($52,020.03) .MOTION CARRIED.*attachment(s)

MOTION:Valerie RubulcabaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

AIRPORT FUND docket ($134.00), GRANTS & PLANNING docket ($543.24) .MOTION CARRIED.*attachment(s)

MOTION:Juan CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

UTILITIES FUND docket ($13,201.46), PUBLIC SAFETY FUND docket ($2,137.82),PAYROLL FUND docket ($25,049.00)and ESPANTOSA SUB FUND docket ($658,249.05 . MOTION CARRIED. *attachment(s)

MOTION:Alonso CarmonaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

CO’s 15 FUND docket ($337,333.66) as presented.MOTION CARRIED.*attachment

6.EXECUTIVE SESSION[ 10:50 AM ]

7.RECONVENE IN OPEN SESSION[ 11:33 AM ]

RE: BORDER PATROL MATTERS

MOTION:Alonso CarmonaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

To authorize County Judge Francisco G. Ponce to 1) execute any pertinent documents in the Murphy lawsuit, 2) retain Attorney Bill Kingman for the bankruptcy lawsuit and lifting of state mandates as presented. MOTION CARRIED.

MOTION:Mike UriegasSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

To authorize Attorney Donato Ramos to continue with the Border Patrol issues and authorize County Judge Francisco G. Ponce

To execute and pertinent documents as needed.MOTION CARRIED.

RE: ANADARKO

MOTION:Alonso CarmonaSECOND:Juan CarmonaTHAT THE COMMISSIONERS COURT APPROVE :

To execute any pertinent documents necessary to initiate legal action upon Dimmit County for Legal Counsel acting on behalf of the county …subject to and only if legal action is required . MOTION CARRIED.

RE: THE WALL

MOTION:Juan CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

To authorize County Judge Francisco G. Ponce to retain Attorney Donato Ramos to negotiate with the Eardley (Party) on behalf of Dimmit County, as presented . MOTION CARRIED.

8.A D J O U R N M E N T

MOTION:Alonso CarmonaSECOND:Valerie RubulcabaTHAT THE COMMISSIONERS COURT APPROVE :

To Adjourn Meeting [ 1:40 PM ].MOTION CARRIED.

APPROVED:

______

FRANCISCO G. PONCE, COUNTY JUDGE

ATTEST:

______

MARIO Z. GARCIA, COUNTY CLERK

NOVEMBER 15, 2016REGULAR SESSIONPAGE : 5 OF 5