FRANCISCO G. PONCE COUNTY JUDGE COMMISSIONER PCT. 2 COMMISSIONER PCT. 4 MARIO Z. GARCIA COUNTY CLERK & EX- OFFICIO CLERK OF COMMISSIONERS COURT

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1 COMMISSIONERS COURT NOVEMBER 2011 TERM ON THIS THE 14 TH DAY OF NOVEMBER 2011, BEING THE SECOND MONDAY OF THE MONTH, THE HONORABLE DIMMIT COUNTY COMMISSIONERS COURT CONVENED IN REGULAR SESSION, WITH MEMBERS PRESENT TO- WIT : MIKE URIEGAS COMMISSIONER PCT. 1 FRANCISCO G. PONCE COUNTY JUDGE JOHNNY GLORIA RODRIGO JAIME COMMISSIONER PCT. 2 COMMISSIONER PCT. 4 MARIO Z. GARCIA COUNTY CLERK & EX- OFFICIO CLERK OF COMMISSIONERS COURT ABSENT : DAVID TAYLOR, COMMISSIONER PCT. 3 ================================================================================================ VISITORS SIGNED IN: OTHER VISITORS: Jeff G. Snowden Rick Moreno Caleb Curtis Jim Oliveros Sandra Moreno Alfredo Z. Padilla Carlos Pereda Dan Hejl Allen Torans, Jr. Martin Cardenas Rachel Clarkson Ramiro Muñoz Luciano Quintanilla Richie Griffin Josie Farias Manuel Saldaña Andres Arambula Marion Boyd Eddie DeLeon Leticia Vargas Joel Gonzales Ernest Flores III Maricela Gonzalez Eloy F. Rodriguez, Sr. Daniel M. Gonzalez 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 quorum present and the absence of Commissioner David Taylor so duly noted for the record. Court Members led the Pledge of Allegiance and Salute to The Texas Flag. 1.4 PUBLIC COMMENT A) Caleb Curtis- RE:- - spokesperson for Colorado Materials, Ltd., Uvalde, TX w/brief background of company,i.e., limestone quarry, hauling etc. and to consider being placed on list of vendors, future bidding B) Rodrigo Jaime- Commsr. Pct. 4, RE: attended Food Bank Meeting; products down only providing canned goods, 2) donation for food, i.e., Kid s Café project ($20,000 from Shell Co.) C) Enrique Moreno- RE: - - issue w/neighbor deterring access to property civil court matter to review any easements D) Martin Cardenas- RE:- - concerns for proposal of a well disposal in his residential area to affect health, safety of many families; letter issued for residents to respond. His English is limited and asking for someone to assist 1.5 APPROVED: MINUTES REGULAR MEETING OF OCTOBER 24, 2011 That the Commissioners Court approve Minutes of Regular Meeting held October 24, 2011 as presented. 2. P E R S O N N E L AND P O L I C Y 2.1 APPROVAL OF BONDS MOTION: Mike Uriegas SECOND: Johnny Gloria That the Commissioners Court approve Bond for: Reserve Officers: Rebecca A. Vargas, Alfonso P. Tobias, Assistant County Treasurer: Marivel Avila as presented. 11 : 14 : 11 PAGE : 1 OF 7

2 2. PERSONNEL & POLICY, contd., JOINT ITEMS: 2.2 APPROVED: MONTHLY REPORT AG EXTENSION AGENT 2.3 APPROVED: MONTHLY REPORT FCS AGENT That the Commissioners Court approve Activity and Travel Report for Month of October 2011 from Ag Agent Richie Griffin and Activity and Travel Report for Month of October 2011 from FCS Agent Josie C. Farias as presented. Discussion:- - preparations for Prospect Show, December 3-4; need to reserve Arena, fairgrounds Griffin received nomination for Distinguished Service Award (North Carolina) Farias w/udate on Food Handlers Certification and Fee (s) 2.4 APPROVED: MONTHLY REPORT CONSTABLE PCT. 1 AND CONSTABLE PCT. 3 That the Commissioners Court approve Report for Month of October 2011 from Constable Pct. 1 Luciano Quintanilla and Constable Pct. 3 Marion Boyd as presented. JOINT ITEMS: 2.5 APPROVED: MONTHLY REPORT CONSTABLE PCT APPROVED: MONTHLY REPORT CONSTABLE PCT. 4 MOTION: Johnny Gloria SECOND: Rodrigo Jaime That the Commissioners Court approve Report for Month of October 2011 from Constable Pct. 2 Andres Arambula and Report for Month of October 2011 from Constable Pct. 4 Jose Galvan as presented. (s) 2.7 F Y I : UPDATE ON THE OLD JAIL HOUSE PROJECT [RE:- - Commsr. Mike Uriegas :- - working on some plumbing repairs/replacements; upgrade of parking lot completed ] 2.8 APPROVED: RETAIN LEGAL COUNSEL FOR DIMMIT COUNTY PUBLIC LIBRARY ISSUES [RE:- - issues surfacing w/damages to the bldg. caused by heavy rain and filing claim w/insurance carrier ] That the Commissioners Court approve to retain Attorney Alfredo Z. Padilla (Carrizo Springs) to represent Dimmit County and meet w/ Board of Directors for the Dimmit County Public Library as presented. Discussion:- - Padilla to prepare contract (to retain) 2.9 F Y I : UPDATE : COUNTY VEHICLE PARKED AT COMMISSIONERS RESIDENCE [RE:- - agenda item requested by the County Attorney; vehicle was parked at residence to prevent theft, damages and is now parked at the County Metroplex yard ] 2.10 F Y I : UPDATE: MANDATE ALL COUNTY PROPERTY MISSING FROM COUNTY YARDS OR GRANTS & PLANNING OFFICE BE RETURNED TO THEIR ASSIGNED SITES. [RE:- - agenda item requested by the County Attorney; need to keep track of property items on a daily basis; items to include County Law Library books ] 2.11 F Y I : UPDATE : INVENTORY OF COUNTY PROPERTY FROM EACH DEPARTMENT [RE:- - current list is available from and maintained in the County Auditor s Office ] 11 : 14 : 11 PAGE : 2 OF 7

3 2. PERSONNEL & POLICY, contd., 2.12 APPROVED: ROAD(s) MODIFICATIONS IN THE LAKESIDE SUBDIVISION (CARRIZO SPRINGS) [RE:- - owner/ developer Ramiro Muñoz w/brief history of subdivision created in 1977 and explained changes in road access] MOTION: Mike Uriegas SECOND: Johnny Gloria That the Commissioners Court approve the concerns for closing of roads contained in the Lakeside Subdivision ; allowing the roads to revert back to property owners and the opening of the road which connects with Fm Rd 1407 and allow requestor Ramiro Muñoz to proceed as presented APPROVED: REQUEST FOR A WIDE EASEMENT ON COUNTY OWNED TRACT OF LAND [RE: an Easement and Right of Way Agreement ] MOTION: Johnny Gloria SECOND: Mike Uriegas That the Commissioners Court approve request from Mockingbird Midstream Gas Services (Oklahoma City, OK) for a fifty- foot (50 ) wide easement across a tract of land owned by Dimmit County at $1.50 per linear foot, as presented. Discussion:- - County Attorney reviewed/approved Agreement is not crossing any county road 2.14 APPROVED: JP PCT. 1 and JP PCT. 2 XEROX COPIER/FAX/PRINTER(LEASE PURCHASE) That the Commissioners Court approve the Contract (reviewed, approved by the County Attorney) for the purchase of a Xerox Copier/Fax/Printer for Justice of The Peace Pct. 1 and Justice of The Peace Pct. 2 Offices as presented APPROVED: LEASE PURCHASE CONTRACT TO UPGRADE XEROX COPIER DISTRICT CLERK S OFFICE That the Commissioners Court approve Contract with IKON to upgrade and lease a Xerox Copier/Fax/Printer/Scanner machine for the Office of The District Clerk, as presented APPROVED: FUNDING REQUEST, PRESENTATION WINTERGARDEN WOMEN S SHELTER INC. [RE:- - Director Manuela Saldaña, Jr. and Coordinator Rachel Clarkson jointly addressed court members w/background history of the Shelter services and statistics and explanation for the funding request of $15,000 (matching funds) on a contingency basis to be used for operating expenses, salaries ] MOTION: Francisco G. Ponce SECOND: Mike Uriegas That the Commissioners Court approve to support the Wintergarden Women s Shelter Inc by providing a one- time donation of $15, subject to determination if the donation is legal and subject to a budget amendment, as presented. FOR : FRANCISCO G. PONCE, MIKE URIEGAS ABSTAIN : JOHNNY GLORIA, RODRIGO JAIME AGAINST : NONE 2.17 APPROVED: CAST VOTES APPRAISAL DISTRICT BOARD OF DIRECTORS BALLOT MOTION: Johnny Gloria SECOND: Mike Uriegas That the Commissioners Court approve to cast votes, i.e., 882 Votes for Francisco G. Ponce and 882 Votes for Rodrigo Jaime on the ballot for the Board of Directors of the Dimmit Central Appraisal District to serve fiscal years 2012 and APPROVED: ENGINEERING CONTRACT w/dan HEJL FOR FAITH ROAD IMPROVEMENTS [RE:- - contract drafted in October 2011; subject to funds] That the Commissioners Court approve Engineering Contract w/ Dan Hejl for the Faith Road improvements contingent on Oil Companies approval for funding the project as presented. 11 : 14 : 11 PAGE : 3 OF 7

4 2.19 APPROVED: AGREEMENT ROAD DAMAGE ALLOCATION/ ASSESSMENT FEE STUDY [RE:- - Presentation by Jeff G. Snowden, Principal- Capex Consulting Group, i.e., a project finance and consulting services related to ongoing roadway projects objective for the county is to equitably recover increasing costs of maintaining county roads- - - Project fees, out of pocket expenses will not exceed $24,000 ] That the Commissioners Court approve Agreement for performing Roadway Assessment Fee Study by CAPEX Consulting Group payable monthly based on progress, as presented. Discussion:- - Mr. Snowden to provide payment schedule 2.20 APPROVED: AGREEMENT TO RECOVER UNCLAIMED FUNDS LISTED FOR DIMMIT COUNTY, TX [RE:- - a research of public records discovered dormant funds/uncashed checks for the county; Full Circle Services, Inc lists $13, as available to the county; no compensation owed to them unless recovery of funds is successful ] That the Commissioners Court approve Agreement w/ Full Circle Services, Inc(Tulsa, OK) to recover Unclaimed Funds listed in the name of Dimmit County, TX as presented APPROVED: OPEN- CLOSE BIDDING FOR AIRPORT AUTOMATED WEATHER OBSERVATION SYSTEM [RE:- - County Judge Francisco G. Ponce opened the one(1) bid timely submitted and read aloud its contents, i.e., #1 Bid. Visola, Inc... $ 106, (included alternative bid) ] MOTIOn: Rodrigo Jaime SECOND: Johnny Gloria That the Commissioners Court approve the opening of and closing of all bidding for the Airport Automated Weather Observation System and allow Airport Mgr. Ernest Martinez and State Aviation Dept. to analyze the bid submitted. Discussion:- - to revisit this item for final approval 2.22 APPROVED: AGREEMENT, COOPERATIVE WORKING- S.C.A.N., INC. [RE:- - for the purpose of coordinating drug prevention and intervention activities/services for qualified participants contents of Agreement reviewed/approved by the County Attorney ] That the Commissioners Court approve Cooperative Working Agreement between County of Dimmit Office of The County Judge and Serving Children and Adolescents in Need (SCAN), Inc. during FY FY 2012 (September 1, 2011 August 31, 2012) F Y I : PROPOSAL TO BUILD ON PROPERTY LINE w/utility EASEMENT AND VARIANCE TO BUILD [RE:- - Allen Torans, Jr. of BC Acquisitions, LLC, owner of lots 6-7 in the Rancho Agave Subdivision w/plans to build a complex Center in the middle of the property but there exists a 15 ft easement of both sides of the property line, thus (they) will lose 30 ft. of building area. consensus of court members agreed the logistics (of this matter) pertain to the developer of Rancho Agave and be addressed them] 2.24 APPROVED: DESIGNEE TO MEET w/cs KIWANIS CLUB PROPERTY OWNED BY KIWANIS CLUB [RE:- - this property should be put to some use; perhaps county can purchase or accept as a donation from the Club ] That the Commissioners Court approve to authorize Commissioner Rodrigo Jaime to meet w/ Kiwanis Club of Carrizo Springs to discuss and/or agree on terms for the purchase of or accept as a donation, the land owned by the Club APPROVED: TRAVEL REQUEST COUNTY JUDGE MOTION: Johnny Gloria SECOND: Rodrigo Jaime That the Commissioners Court approve travel expenses for County Judge Francisco G. Ponce to attend 2011 Fall Judicial Education Session, November 14-17, in Corpus Christi, TX 11 : 14 : 11 PAGE : 4 OF 7

5 2.26 APPROVED: TRAVEL REQUEST JP PCT. 3 COURT CLERK MOTION: Johnny Gloria SECOND: Rodrigo Jaime That the Commissioners Court approve travel expenses for JP Pct. 3 Court Clerk Esther Hernandez to attend Experienced Court Personnel Seminar, February 1-3, 2012, in San Antonio, TX 3. L A W E N F O R C E M E N T 3.1 NON- ACTION ITEM: HIRING OF ROBERT A. CAVAZOS- FULL TIME DEPUTY, EFFECTIVE: OCTOBER 26, APPROVED: PURCHASE OF (5- VEHICLES) 2009 FORD POLICE INTERCEPTORS [RE:- - funding from Bond Loan; guaranteed for 4- years these are refurbished vehicles w/new radar, radio equipment; County Auditor to prepare budget for this allocation ] MOTION: Johnny Gloria SECOND: Rodrigo Jaime That the Commissioners Court approve the purchase of five(5) full- equipped 2009 Ford Police Interceptors; one(1) to be issued to Constable Pct. 4- Jose Galvan and four(4) to be utilized by the Dimmit County Sheriff s Office, as presented. 3.3 APPROVED: HIRING SCHOOL CROSSING GUARDS (MAMA PATROL) MOTION: Mike Uriegas SECOND: Johnny Gloria That the Commissioners Court approve the Hiring of : Diana Lott, Ruben Puente, Moraima Gonzalez, Chelsea Trujillo and Ruby Galvan as School Crossing Guards (under the MAMA Patrol Program), effective: November 9, 2011 Discussion:- - funding from city, school district, oil company(s) 3.4 APPROVED: HIRING FULL TIME CODE ENFORCEMENT OFFICER, [RE:- - need to create this salaried position; job description to be prepared by Regulatory Compliance(Eloy) and the Grants & Planning Office (Ernest) a Budget Amendment under the Sheriff s Dept. would describe : 20 deputies + the Code Enforcer = 21 (Deputies); Sheriff will provide a truck- vehicle w/radio equipment ] That the Commissioners Court approve to create the Code Enforcer, full- time position as presented. 3.5 APPROVED: HIRING PART TIME JAILER That the Commissioners Court approve the Hiring of Carmelo Gonzales III as Part- Time Jailer, effective: November 7, APPROVED: HIRING JAIL SERGEANT That the Commissioners Court approve the Hiring of Cynthia Martinez as Jail Sergeant, effective: October 21, APPROVED: HIRING PART TIME JAILER(s) That the Commissioners Court approve the Hiring of Part- Time Jailers : Arturo Olveda effective: October 26, 2011, Joseph Ruiz effective: 31, 2011 and Adan A. Perez effective: November 3, 2011 as presented. 3.8 NON- ACTION ITEM 3.9 APPROVED: HIRING JAILER REPLACEMENT MOTION: Mike Uriegas SECOND: Rodrigo Jaime That the Commissioners Court approve the Hiring of (TBA) as Jailer (to replace Randy Herrera resignation on November 5, 2011) 11 : 14 : 11 PAGE : 5 OF 7

6 3.10 APPROVED: REVIEW OF, AMENDED JAIL BUDGET, FY That the Commissioners Court approve the reviews and amended Jail Budget for fiscal year , including the Jailer Salary(s) by $1.00, effective : October 14, 2011 as presented JAIL STATUS AND SHERIFF DEPT. STATUS REPORTS [RE: JAIL received inquiry from Frio County for housing their inmates; contract open for negotiations- - - (are now) taking inmates to their Clinic appointments all at one- time. Sheriff Dept. no report ] 4. GRANTS & PLANNING / REGULATORY COMPLIANCE DEPARTMENTS 4.1 APPROVED: QUARTERLY REPORTS REGULATORY COMPLIANCE OFFICER That the Commissioners Court approve Quarterly Reports for: 1) Certification of Compliance for electrical services, permits, customer service inspections, 2) for the Brundage Water System w/monthly expenditures, 3) the Sanitation Department and 4) the Espantosa Water System w/monthly expenditures from Regulatory Compliance Officer Eloy F. Rodriguez, Sr. Discussion:- - a review of trips to Carrizo Landfill, overpaid costs of $ F Y I : UPDATE OF NEW BUILDING AT 640 INDUSTRIAL BLVD. [RE:- - building to house Probation Dept, Constables Ernest Flores w/update on floor plans; to inquire about sprinkler system] 4.3 APPROVED: HIRING FULL TIME EMPLOYEE FOR WATER WORKS DEPARTMENT That the Commissioners Court approve the Hiring of Martin Zamora as full time employee for the Water Works Department, at $8 hourly wage. 4.4 STATUS REPORT ON PROJECTS [RE:- - Ernest Flores: 4 extra vests for a total of 22 provided in the Grant ($6,500) update on Carrizo Hill roads; the RV Park on Tobias Road needing a culvert at their entrance; this was not in engineer plans ] 5. F I N A N C I A L 5.1 APPROVED: BUDGET AMENDMENT NO. 1 REGULATORY COMPLIANCE OFFICE [RE:- - from General Fund to Utilities; to fix water well] That the Commissioners Court approve Budget Amendment NO. 1 ($90,000) from the Funds reserved for Regulatory Compliance Department as presented. 5.2 APPROVED: PURCHASE ORDERS AND CLAIMS That the Commissioners Court approve Purchase Orders and Claims as presented. 5.3 APPROVED: CLAIM DOCKET MOTION: Johnny Gloria SECOND: Mike Uriegas That the Commissioners Court approve General Fund docket ($71,577.63) as presented. 11 : 14 : 11 PAGE : 6 OF 7

7 5.3 CLAIM DOCKET, contd., MOTION: Mike Uriegas SECOND: Johnny Gloria That the Commissioners Court approve Public Safety Facilities docket ($402.00), the Utilities Fund docket ($1,808.21) (s) 6. ADJOURNMENT That the Commissioners Court approve to Adjourn Meeting [ 1:05 PM ]. APPROVED: FRANCISCO G. PONCE, COUNTY JUDGE ATTEST: MARIO Z. GARCIA, COUNTY CLERK NOVEMBER 14, 2011 REGULAR SESSION PAGE : 7 OF 7

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