COMMISSIONERS COURT SEPTEMBER 2014 TERM ON THIS THE 8TH DAY OF SEPTEMBER 2014, 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 COMMISSIONER PCT. 1 JUAN R. CARMONA COMMISSIONER PCT. 3 JOHNNY GLORIA COMMISSIONER PCT. 2 RODRIGO JAIME COMMISSIONER PCT. 4 MARIO Z. GARCIA COUNTY CLERK & EX-OFFICIO CLERK OF COMMISSIONERS COURT VISITORS SIGNED-IN: Benjamin Factor Manuel C. Mejia Richie Griffin Nick Gallegos Claudia McDaniel Josie Farias Jaime Rodriguez Craig Pruski Frank Pruski Hugo Sulaica Ramon Garcia Jeff Davis Jim Stuart Jose Calzada Sergio Vela Luis A. Perez Daniel M. Gonzalez Carlos Pereda Ernest Flores III Mary Sandoval Eloy F. Rodriguez, Sr. Chien Lee OTHER VISITORS: Jose Galvan Rudy Lopez § THE FOLLOWING SUBJECTS DISCUSSED, CONSIDERED, PASSED OR ADOPTED TO-WIT : § 1. ADMINISTRATIVE 1.1 CALL MEETING TO ORDER 1.2 ROLL CALL 1.3 PLEDGE OF ALLEGIANCE/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) Johnny Gloria-Commsr. Pct. 2, RE:--checklist for upcoming Sept. 16 event at Plazita, i.e., no electricity, need plugs in specific areas b) Rodrigo Jaime-Commsr. Pct. 4, RE:--1) need to initiate promotion of upcoming County Assistance District Sales Tax Special Election (Nov. 4), 2) status of City of Carrizo approving new Law Enforcement Services Agreement(?) 1.5 APPROVED:REVISIT:APPROVED TO AMEND: MINUTES OF SPECIAL MEETING – AUGUST 18, 2014 MOTION: Rodrigo Jaime SECOND: Johnny Gloria THAT THE COMMISSIONERS COURT APPROVE : Minutes of Special Meeting held on August 18, 2014 w/correction to Agenda Items: 2.1 and 2.2, i.e, to read : “creation of the Dimmit County Assistance District 1” and not Districts 1-2-3-4 . MOTION CARRIED. 1.6 APPROVED: MINUTES OF PUBLIC HEARING – AUGUST 22, 2014 MOTION: Johnny Gloria SECOND: Mike Uriegas Minutes of Public Hearing held on August 22, 2014 as presented . THAT THE COMMISSIONERS COURT APPROVE : MOTION CARRIED. 1.7 APPROVED: MINUTES OF REGULAR MEETING – AUGUST 25, 2014 MOTION: Juan Carmona SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : Minutes of Regular Meeting held on August 25, 2014 w/correction to Agenda Item: 1.4(c) to read: Espantosa Lake and not Espantosa Subdivision . MOTION CARRIED. 1.8 APPROVED: MINUTES OF SECOND PUBLIC HEARING – AUGUST 27, 2014 MOTION: Mike Uriegas SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : Minutes of Second Public Hearing held on August 27, 2014 as presented . MOTION CARRIED. 2. PERSONNEL & POLICY 2.1 APPROVAL OF BONDS [RE:---no Bond(s) timely submitted for approval] NO MOTION PRESENTED. JOINT AGENDA ITEMS: 2.2 APPROVED: MONTHLY REPORT – AG AGENT 2.3 APPROVED: MONTHLY REPORT – FCS AGENT MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : Reports for Month of August 2014 from Ag Agent-Richie Griffin and FCS Agent-Josie Farias as presented. Discussion:--notes from attending Leadership Advisory Board Meeting—broken concrete dumping at Espantosa Lake MOTION CARRIED. *attachment(s) 2.4 APPROVED: MONTHLY REPORT – CONSTABLE PCT. 1 MOTION: Johnny Gloria SECOND: Mike Uriegas Report for Months of July-August 2014 from Constable Pct. 1-Hugo Sulaica as presented. THAT THE COMMISSIONERS COURT APPROVE : MOTION CARRIED. *attachment(s) 09 : 08 : 14 PAGE : 1 OF 4 2. PERSONNEL & POLICY, contd., 2.5 TABLED: MONTHLY REPORT – CONSTABLE PCT. 2 [RE:--no one present to address this item; no report submitted ] MOTION: Mike Uriegas SECOND: Johnny Gloria To Table this Item . THAT THE COMMISSIONERS COURT APPROVE : MOTION CARRIED. 2.6 APPROVED: MONTHLY REPORT – CONSTABLE PCT. 4 MOTION: Rodrigo Jaime SECOND: Johnny Gloria Report for Month of August 2014 from Constable Pct. 4-Jose Galvan as presented . THAT THE COMMISSIONERS COURT APPROVE : MOTION CARRIED. *attachment 2.7 APPROVED: MONTHLY REPORT – CAMINO REAL AMBULANCE MOTION: Johnny Gloria SECOND: Mike Uriegas THAT THE COMMISSIONERS COURT APPROVE : Report for Month of August 2014 from Luis A. Perez for Camino Real Ambulance as presented. Discussion:--Mutual Aid Agreement w/Cotulla(?) only for massive disasters MOTION CARRIED. *attachment 2.8 APPROVED: MONTHLY REPORT – ARCHITECTURA S.A.,INC. – STATUS OF PROJECTS [RE:--from Jose Calzada : --Rodeo Arena: staking of ground completed; contractor to start today; meet w/Commsrs. Court for any changes—Courthouse Annex: Ad for bids next Commsrs. Court Meeting—Courthouse Restoration: digging at south end of bldg. discovered stream water at 8’feet; will need to install a waterproof membrane on vertical wall at basement area; had a Procedural Meeting w/State Historical officials—Asherton Project:: at end of 30-day Bid valid; Title Search completed, School Attorneys notified; must sign contract before starting—Alaniz Park: still need Title Search for boundary mapping and for new deed document (Ernest Flores to assist)—County Park : preparing Flyer—Fire Station : redefining plans, area for station at southside of county barn yard—La Plazita Project : convert part of Bryan Street for parking (134’LX32’W) City Manager wants to see schematics—Courtroom Cushions : Mejia (bid award) to rely on District Clerk’s input; to use actual fabric currently on display on bench ] MOTION: Mike Uriegas SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : Report for Month of August 2014 from Jose Calzada for Architectura S.A.,Inc. as presented. MOTION CARRIED. 2.9 APPROVED: AWARD RFQ – TAX COLLECTION SERVICES [RE:--County Auditor Carlos Pereda addressed court members w/analysis report on bids submitted and recommendation ] MOTION: Francisco G. Ponce SECOND: Johnny Gloria THAT THE COMMISSIONERS COURT APPROVE : To Award Bid for Tax Collection Services to Perdue, Brandon, Fielder, Collins & Mott, LLP Attorneys-At-Law as presented. Discussion:--(Cabello) any reports from him submitted upon request by Commsrs. Court; a total-to-total comparison of his and Perdue in a 2-yr period of Collections in La Salle Co..his higher---(Commsr. Gloria) any repercussions for going w/recommendation from the auditor(?): No MOTION CARRIED. *attachment 2.10 APPROVED: AWARD BID – INSURANCE [RE:--County Auditor Carlos Pereda addressed court members w/analysis report on bids submitted and recommendation ] MOTION: Johnny Gloria SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : To Award Bid for Insurance Coverage to One Beacon (La Vernia Insurance Agency) as presented. Discussion:--how soon are claims processed(?) MOTION CARRIED. *attachment 2.11 APPROVED: (subject to) PURCHASE OF PORTABLE BUILDING – R&B PCT. 3 [RE:--for Commodities distribution; estimated @ $7,000--- Ernest Flores to assist and obtain one(1) more bid for compliance purposes] MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : The purchase of a portable building for Road & Bridge Pct. 3…subject to compliance w/bidding . MOTION CARRIED. 2.12 NON-ACTION ITEM: a)BRUSH PICKUP AT ESPANTOSA SUBDIVISION, b) NOTIFY RESIDENTS OF BRUSH PICKUP [RE:--consensus of court members to pickup the brush and mulch or burn—notify residents that the brush pickup is a One-Time Only ] 2.13 APPROVED: RETAIN DONATO RAMOS ATTORNEY – USBP FACILITY MATTERS MOTION: Juan Carmona SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : To retain Attorney Donato Ramos Law Firm and authorize County Judge Francisco G. Ponce to enter into Contract w/ Donato Ramos Law Firm to represent Dimmit County on the Border Patrol/Public Facilities matter(s) as presented . Discussion:--Ramos licensed in federal court(?): Yes MOTION CARRIED. 2.14 APPROVED: REDUCE PROBATION PERIOD – PERSONNEL POLICY [RE:--reduce from 180 days ] MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : To reduce Probationary Period for new employees for Medical Insurance to 90-days before they receive benefits, effective: September 8, 2014. MOTION CARRIED. *attachment 2.15 NON-ACTION ITEM: REVIEW OF PERSONNEL POLICY [RE:--court members to review Policy and consider any changes at next regular Meeting ] *attachment 2.16 APPROVED: PROCLAMATION – THE AMERICAN LEGION DAY [RE:-- Commander Jeff Davis and James Stuart from American Legion Post 359 w/ presentation of the Proclamation] MOTION: Johnny Gloria SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : To Proclaim September 16, 2014 as the “THE AMERICAN LEGION DAY” as presented. MOTION CARRIED. *attachment 09 : 08 : 14 PAGE : 2 OF 4 2. PERSONNEL & POLICY, contd., 2.17 APPROVED: UPDATE ON ZONES – CDS REPRESENTATIVE [RE:--- Rep for Creative Development Services, LLC – Benjamin Factor addressed court members w/ narrative report from Duane Gordy titled: Dimmit County Revenue Benefit adding, that Gordy will be here on Fri., Sept. 12 ] MOTION: Juan Carmona SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : Update from CDS Representative on the Zones management program. MOTION CARRIED. *attachment 2.18 APPROVED: PAY REQUEST – FOR ESPANTOSA WATER SYSTEM EMERGENCY GENERATOR [RE:--generator installed ] MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : Final Pay Request from Austin Generator Service, Inc for the Espantosa Water System New Water Well Improvements Project as presented. MOTION CARRIED. *attachment 2.19 APPROVED: ADVERTISE, SET BID DATE-ESPANTOSA WATER SYSTEM IMPROVEMENTS PROJECT [RE:--project to be split up in 4 categories to get a better deal] MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : Authorize Hejl,Lee & Associates Inc. to advertise and set bid date for the Espantosa Water System New Water Well Improvements Project Discussion:--advertise for 2-weeks MOTION CARRIED. *attachment 2.20 DENIED: CLAIM FROM AT&T – BUDDY LANE OFF FMRD 1556 MOTION: Rodrigo Jaime SECOND: Mike Uriegas THAT THE COMMISSIONERS COURT Approve to deny claim from AT&T regarding charges/damages on Buddy Lane off FmRd 1556 and authorize Attorney to send Letter of Notice as presented . MOTION CARRIED. *attachment 2.21 DISCUSSION: a) Kid’s Café Program s sponsored by Shell Oil Co and Dimmit County, b) Funding by Shell Oil Co and Dimmit County [RE:-- Shell Oil sold their Eagle Ford Shale interest and no longer will sponsor the program and local restaurant preparing the food closed down; funding runs out in November. Court Advisory: 1) send Resolution/Letter to Shell Oil in recognition of their past support, 2) County Auditor to track down these monies ($18,000) and Report back to Commissioners Court ] NO MOTION PRESENTED *attachment 2.22 APPROVED: a)RE-DEDICATION OF COUNTY PARK COURTS, a) RE-DEDICATION OF LA PLAZITA (Carrizo Springs) [RE:-- President of Comite de Mejores Materiales Ramon H. Garcia addressed court members for the record, that he has no objection to the new name for La Plazita which to his knowledge and research had been known as La Plazita Cinco de Mayo since 1934, and is only addressing this matter due to the numerous phone calls/comments he has received. Court Advisory:--Plazita Cinco de Mayo no longer existed when county took over the property(03/24/2014), and will not allow the committee to micro-manage ] MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : a) to re-dedicate the Courts at the County Park (Hwy.85 ) to be known as “In Memory of Joaquin Salgado” and b) to re-dedicate La Plazita (Carrizo Springs) to be known as “La Plazita Johnny Gloria” as presented . MOTION CARRIED. 2.23 APPROVED: 2015 SHERIFF’S and CONSTABLE’S FEES MOTION: Rodrigo Jaime SECOND: Juan Carmona 2015 Sheriff’s and Constables Fees, as is with no changes, as presented . THAT THE COMMISSIONERS COURT APPROVE : MOTION CARRIED. *attachment 2.24 APPROVED: TRAVEL REQUEST – COUNTY CLERK MOTION: Juan Carmona SECOND: Johnny Gloria THAT THE COMMISSIONERS COURT APPROVE : Travel request/expenses for County Clerk Mario Z Garcia to attend: County&District Clerks Association of Texas, Region 8 Conference, October 15-16-17, 2014 in South Padre Island, TX as presented. MOTION CARRIED. *attachment 2.25 APPROVED: TRAVEL REQUEST – FCS EXTENSION AGENT MOTION: Mike Uriegas SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : Travel request/expenses for FCS Extension Agent Josie Farias to attend : D12 Program Planning, September 18, 2014 in Corpus Christi, TX as presented. MOTION CARRIED. *attachment 2.26 APPROVED: TRAVEL REIMBURSEMENT – COUNTY T&AC, OFFICE STAFF MOTION: Mike Uriegas SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : Reimbursement for travel expenses incurred for Tax Assessor-Collector Mary E. Sandoval and Deputy Florinda Perez while attending: TEAM Redevelopment Demonstration Meeting, August 26, 2014 in Eagle Pass, TX as presented . MOTION CARRIED. *attachment(s) 2.27 DISCUSSION: DAMAGED COUNTY VEHICLES [RE:--public complaints reported about unsightly damaged county vehicles ] NO MOTION PRESENTED. 3. LAW ENFORCEMENT 3.1 APPROVED: TRAVEL REQUEST – RECORDS CLERK STAFF MOTION: Mike Uriegas SECOND: Johnny Gloria THAT THE COMMISSIONERS COURT APPROVE : Travel request/expenses for Sheriff Dept.-Records Clerk(s) Marilou Martin and Angelica L. Martinez to attend : Uniform Crime Reporting Workshop, September 16-17, 2014 in Austin, TX as presented . MOTION CARRIED. *attachment(s) 3.2 JAIL STATUS – SHERIFF’S REPORT [RE:-- Inmate pop. : 25 local + 69 Federal + 1 La Salle Co.= 92 ---(Court Advisory): 1) notify Sheriff Boyd of Meeting w/County Judge, County Attorney, 2) Make sure all vehicles are included in Insurance Coverage Policy ] NO MOTION PRESENTED. 09 : 08 : 14 PAGE: 3 OF 4 ADDENDUM 3. LAW ENFORCEMENT 3.3 APPROVED: (subject to) HIRING – P/T DEPUTY AT DIAMOND H ROAD PROJECT [RE:-- Bradshaw is a bonded reserve deputy] MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : Hiring of Jake Bradshaw part-time as a Deputy Sheriff during the Diamond H County Road Project, effective: August 18, 2014….subject to finding that he (Bradshaw) has no proprietary interest (at this location) as presented. MOTION CARRIED. 3.4 APPROVED: NOTARY PUBLIC APPOINTMENT(s) – SHERIFF DEPT. STAFF MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : Notary Public Appointment Applications for Records Clerks: Marilou Martin and Angelica L. Martinez as presented . Discussion:--former clerks w/notary appointments (Journal must be turned-in to county clerk’s office) MOTION CARRIED. 4. GRANTS & PLANNING & REGULATORY COMPLIANCE DEPARTMENTS 4.1 APPROVED: CHANGE ORDER FOR ELECTRICAL, SITTING AREA – LA PLAZITA PROJECT [RE:-- original order did not include electrical or seating area ] MOTION: Rodrigo Jaime SECOND: Johnny Gloria THAT THE COMMISSIONERS COURT APPROVE : Change Order for electrical and sitting area around dance floor at La Plazita Project as presented. MOTION CARRIED. 4.2 STATUS REPORT(s) [RE:--preparing “flyer” for upcoming Tax Assistance District Special Election—water lines laid at Espantosa Subdivision : 1) water lines laid are caving in, 2) streets need cleaning-up ] 5. FINANCIAL 5.1 APPROVED: BUDGET ADJUSTMENT NO. 25 – ROAD&BRIDGE PCT. 3 MOTION: Rodrigo Jaime SECOND: Mike Uriegas THAT THE COMMISSIONERS COURT APPROVE : Budget Adjustment NO. 25 ($8,000.00) for Road & Bridge Pct. 3 as presented . MOTION CARRIED. *attachment 5.2 APPROVED: MOTION: Rodrigo Jaime List of Claim Forms as presented CLAIMS SECOND: Juan Carmona . THAT THE COMMISSIONERS COURT APPROVE : MOTION CARRIED. *attachment 5.3 APPROVED: CLAIM DOCKET MOTION: Juan Carmona SECOND: Mike Uriegas THAT THE COMMISSIONERS COURT APPROVE : General Fund docket ($176,615.72) w/corrections, the CO’s Fund docket ($83,005.50), the Airport Fund docket ($250.00) as presented . MOTION CARRIED. *attachment(s) MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : Utility Fund docket ($11,768.67), the CERTZ Fund docket ($103,830.00) as presented . MOTION CARRIED. *attachment(s) MOTION: Mike Uriegas SECOND: Johnny Gloria THAT THE COMMISSIONERS COURT APPROVE : Grants & Planning docket ($1,279.50) as presented . MOTION CARRIED. *attachment MOTION: Johnny Gloria SECOND: Rodrigo Jaime THAT THE COMMISSIONERS COURT APPROVE : RD/IMP FUND docket ($750.00) as presented . MOTION CARRIED. *attachment RECALL AGENDA ITEM : 2.9 AWARD OR REJECT RFQ FOR TAX COLLECTION SERVICES MOTION: Rodrigo Jaime SECOND: Juan Carmona THAT THE COMMISSIONERS COURT APPROVE : To Re-Call Agenda Item 2.9 for further discussion and appropriate action . MOTION CARRIED. MOTION: Francisco G. Ponce SECOND: Johnny Gloria THAT THE COMMISSIONERS COURT APPROVE : To Amend previous motion and add effective date: November 1, 2014 and give Official Notice to Attorney James E. Cabello as presented . MOTION CARRIED. 6. ADJOURNMENT MOTION: Johnny Gloria SECOND: Juan Carmona to Adjourn Meeting [ 12:40 pm ] . THAT THE COMMISSIONERS COURT APPROVE : MOTION CARRIED. APPROVED: ATTEST: __________________________________________ FRANCISCO G. PONCE, COUNTY JUDGE _______________________________________ MARIO Z. GARCIA, COUNTY CLERK SEPTEMBER 09, 2014 REGULAR SESSION PAGE : 4 OF 4