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Official Minutes for Webb County
Commissioners Court Meeting

Monday, October 8, 2021 at 9:00 AM
Let it be remembered that a regular meeting of the Webb County Commissioners Court was held at 9:00 a.m. at the regular meeting place with the following members present to wit:
 
Tano E. Tijerina, County Judge
Jesse Gonzalez,     Commissioner, Pct. 1
Rosaura "Wawi" Tijerina,   Commissioner, Pct. 2
John C. Galo, Commissioner, Pct. 3
Cindy Liendo, Commissioner, Pct. 4

Thus constituting a quorum, the Commissioners Court proceeded to act upon the Agenda as posted in the meeting notice of the 5th day of October 2021. Present also were Mrs. Rosa E. Herrera, Recording Secretary representing Mrs. Margie Ramirez Ibarra, Ex-officio Clerk of the Commissioners Court, various officers and others interested in the business of the Court.
 
             
CALL TO ORDER BY THE HONORABLE TANO E. TIJERINA, WEBB COUNTY JUDGE
             
1.   Roll Call by Honorable Margie Ramirez-Ibarra, Webb County Clerk
  Roll call by Mr. Roberto Lopez, Chief Deputy on behalf of the Honorable Margie Ramirez Ibarra. 
  Commissioner Pct. 1 Jesse Gonzalez was present via virtual.
  Motion by Commissioner, Pct 4 Cindy Liendo, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to excuse Commissioner Pct. 3 John C. Galo
  Vote: 4 - 0 Motion Carried
             
2.   Pledge of Allegiance/Invocation
  Led by Commissioner Pct. 4 Cindy Liendo
             
3.   Discussion and possible action for Approval of Bills, Payroll, and Monthly Reports (Auditor, Treasurer, Business Office, Emergency Management, Human Resources, Risk Management, Tax Assessor-Collector; and any other Department reports); and any other matters incident thereto.
  Mr. Geronimo Martinez, Chief County Deputy from the Treasurer's Office gave a Presentation on Bills and Disbursement that included the Recap of Checks, Payment Release, Payment Ratifications, Side Bills and Liability Disbursements fo rthe period of 09/24/2021 - 10/06/2021.
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to approve by Order the Bills and Disbursement and payment ratification
  Vote: 4 - 0 Motion Carried
  Mr. Geronimo Martinez also presented the County Payroll for the Period of 9/10/2021 – 09/23/2021 and the Casa Blanca Golf Course payroll for the pay date of 10/08/2021   
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by County Judge Tano E. Tijerina to approve by order not to exceed $42,000.00 for the Casa Blanca Golf Course
  Vote: 4 - 0 Motion Carried
  Ms. Alexandra Zamora, Business Office presented the Monthly Report for September. 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct 4 Cindy Liendo to approve the report
  Vote: 4 - 0 Motion Carried
  Mr. Ernesto Guajardo, Human Resources Director presented the Wage & Pay Scale of 10/08/2021.
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to approve by order
  Vote: 4 - 0 Motion Carried
  Dr. Pedro F. Alfaro, Risk Management Director presented keeping on top of the recovery efforts from AETNA, the number of patients in the Wellness Center, the savings and the Open Enrollment that will take place from 10/24/2021 – 11/05/2021.
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct 4 Cindy Liendo to accept report
  Vote: 4 - 0 Motion Carried
             
4.   Public Comment - This section provides the public the opportunity to address the Commissioners Court on any items on the Agenda. Members of the public wishing to participate must complete a Witness Card specifying which agenda item they wish to comment on. Each public member, individually or in a group, will be allowed a total of Three (3) minutes within which to make any/all public comments.
  No one signed up for Public Comments.
             
COURT TO DISCUSS AND ACT ON THE FOLLOWING:
             
CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners court has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not be discussed separately unless requested by the County Judge or Commissioners.

The consent agenda has been created in order to give constituents the opportunity to view any and all pertinent backup information with reference to any item in the agenda. The objective of the consent agenda is for all Webb County constituents to be familiar with everyday county business and to demonstrate the transparency and fairness of this Commissioners Court.

The following Agenda Items are of a routine nature, and the Commissioners Court has received supporting materials for consideration. All of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will approve the remaining items on the Consent Agenda.


CONSENT ITEMS
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to pull out Item 6.b.
  Vote: 4 - 0 Motion Carried
             
5.   Auditor
             
a.   AI-12563    Discussion and possible action to ratify, by Order, the following budget amendment (line item transfers) within Grant Funds. [Requested by Community Action Agency]
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 2371-5260-521-44300-020 Repairs & Maint. Bldg. $962.70 $41.20 $41.70 $0.00
  2371-5260-521-422000 FICA $13,332.00 $2,000.00 $3,314.78 $1,314.78
  2371-5260-521-4100000 PayRoll  $174,954.00 $2,000.00 $16,312.35 $14,312.35
  2371-5260-521-458090 Travel  $500.00 $200.00 $200.00 $0.00
        $4,241.20    
To: 2371-5260-521-44300-035 Repairs & Maint. Equip. $5,000.00 $41.20 $76.72 $117.92
  2371-5260-521-463030 Bulk Food  $64,975.00 $4,200.00 $1,295.43 $5,495.43
        $4,241.20    

Issue: Meals On Wheels Requires Funds to be Transfer into the In these account to cover the increase in food cost.

Solution: By Commissioners Court ratification of the approval, we will have funds to cover cost

Result: With funds available, the department will be able to cover the cost for the home delivered meals and congregate meals program.
             
b.   AI-12570    Discussion and possible action to ratify, by Order, the following budget amendment (line item transfers) within Forfeiture funds. [Requested by Martin Cuellar, Sheriff]
 
  Acct. Number Acct. Name Request End Bal.
From: 2153-3010-001-461000 Materials & Supplies $100 $100
  2151-3010-001-425000 Unemployment Tax $80 $80
      $180  
To: 2153-3010-001-441805  Internet Service  $100 $100
  2151-3010-001-426000 Workers Compensation  $80 $80
      $180  

Issue: Low on funds to pay internet invoice. Workers Comp account is in deficit.

Solution: Seeking authorization to ratify funds.

Result: Transfer funds clear deficit, and pay invoice.
  Attachments:
  approval
 
             
c.   AI-12569    Discussion and possible action to approve, by Order, the following budget amendment (line item transfer) within Grant funds. [Requested by Martin Cuellar, Sheriff]
 
  Acct. Number Acct. Name Adopted Current Request End Bal.
From: 2610-3010-001-470000 Capital Outlay $12,000 $802.00 ($802.00) -0-
To: 2610-3010-001-461000 Materials & Supplies $46,008 $3,022.74 $802.00 $3,824.74

Issue: The federal agency has authorized remaining grant funds to be utilized for the purchase of needed materials and supplies.

Solution: Request authorization from the court to conduct a needed line item transfer.  

Result: Remaining grant funds will be utilized for needed materials and supplies to continue vigilance against the COVID-19 pandemic.
             
d.   AI-12568    Discussion and possible action to approve a budget amendment by increasing revenues and expenditures in the amount of $2,220,792.00 for new revenues received for the Available and Permanent School Funds as of September 30, 2021 in accordance with Texas Local Government Code, Section 111.07075 (special budget for Revenue Received after Start of Fiscal Year). [Fund #5100/5200 (Available and Permanent School Funds)]
 
Revenue G/L Account Number G/L Account Name Amount
5100-8010-362200 Grazing Lease $185,678.00
5200-1250-362100 Royalties $2,035,114.00
Expenditure G/L Account Numbe G/L Account Name Amount
5100-8010-001-480001 L.I.S.D. $59,045.00
5100-8010-001-480002 U.I.S.D. $125,890.00
5100-8010-001-480003 Webb Consolidated $743.00
5200-8010-001-480001 L.I.S.D. $647,166.00
5200-8010-001-480002 U.I.S.D. $1,379,807.00
5200-8010-001-480003 Webb Consolidated $8,141.00
Total   $2,220,792.00

Issue: Increase FY-2021 budget to cover future expenditures.  Funding available in the fund balance account.

Solution: Appropriate new expenditures to be used for the purpose of program expenditures.

Result: Finalize special budget using FY-2021 proceeds for the purpose stated on this agenda item.
  Attachments:
  School Funds
 
             
6.   Community Action Agency
             
a.   AI-12562    Discussion and possible action to approve the posting and filling of the following Slot, subject to the availability of payroll funds and any applicable Civil Service guidelines, effective Ocotober 8, 2021: 
 
Slot # Title Hourly Rate
 
1217 Food Transporter  $10.00 (Grant funds)

Issue: The Employee that was in Slot #1217 resigned effective 09/22/2021.

Solution: Request to fill this vacant slot will allow the department to continue operate effectively.

Result: The filling of the slot #1217 will allow the department to be full straff if the court grants approval.
             
7.   Economic Development
             
a.   AI-12578    Discussion and possible action to authorize the Economic Development Department to develop and submit the 2022-2023 Fund for Veterans' Assistance (FVA) Veterans County Service Officer Funding Grant application AN-VSO-22-001 to the Texas Veterans Commission (TVC) in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) dollars in grant funds to extend current transportation services budget period from July 1, 2022 through June 30, 2023 offered to Webb County veterans and their families, and authorizing the Webb County Judge to execute all relevant documents on this application. This grant does not require in-kind or cash match commitment. The Webb County Veteran Service Office has provided all the necessary documentation for the Economic Development Department review. The solicitation is compliant with Webb County Single Point of Contact (SPOC) procedures. This action will have no impact on the General Fund. [Requested by David Garza, Veteran’s Office]
 
Issue: Local Webb County veterans and surviving spouses need extended transportation services to essential medical appointments outside of the Webb County area, pharmacies, and local food pantry services for clients who do not have any transportation means.

Solution: Approval of letter of intent will allow for the submittal application of the Texas Veterans Commission Grant for Webb County Veterans Service Officer Fund, which will enable funding for extended services.
 
Result: Upon approval of the Texas Veterans Commission Grant for Webb County Veterans Service Officer Fund, The Webb County Veteran Service Office will provide comprehensive services. These services will allow transportation to medical appointments within the surrounding 200-mile radius and let qualifying clients go to local pharmacies and receive perishables through local food banks.
  Attachments:
  Economic Development Approval
 
             
b.   AI-12574    Discussion and possible action to approve change order No. 2 in the amount of $10,160.00 and a time extension for the date of October 30, 2021 to the contract with RG Enterprises, LLC, due to difficult soil for the Texas Department of Agriculture TXCDBG Mirando Water Well Phase 1 Project No. 7219095; with further approval to transfer funds required from account #3523-1150-001-410000; and authorizing the County Judge to execute any relevant documents; and any other matters incident thereto. [Requested by James Flores, Economic Development Director; Account #3523-7230-001-432001 (Construction in Progress)]

Issue: The contractor has been hitting rock and caliche that has been damaging their equipment and slowing down the process considerably. 

Solution: Approve change order that will allow for the contractor to complete contractual activities and a time extension until October 30, 2021. 

Result: Contractor will finish construction within contract timeframe.
             
c.   AI-12573    Discussion and possible action to accept the grant award with the Apache Corporation for the FY2021-2022 Apache Tree Program Grant Application for the donation of trees in the Santa Teresita Community Center, Precinct 3 and the Fred & Anita Community Center, Precinct 4; and authorizing the County Judge to act as the County’s Executive Officer and Authorized Representative in all matters pertaining to the County’s participation in the Apache Tree Grant Program. All required documents were sent for review to the Economic Development and the Solicitation is compliant with the Webb County Single Point of Contact (SPOC) procedures. This grant does not require cash match. [Requested by James Flores, Economic Development Director]

Issue: Community Centers are limited to greenery.

Solution: To accept grant award of Tree donation from Apache Tree Grant Program.

Result: To provide trees to the Community Centers for Precinct 3, and Precinct 4.
  Attachments:
  Acceptance of Award from Apache Tree Grant Program
 
             
8.   Head Start
Disclaimer: All Head Start monies are 100% Federal funds
             
a.   AI-12572    Discussion and possible action to enter into a Thirty-Three (33) month and thirty (30) day (November 1, 2021 to August 31, 2024) Child Care Partnership Agreement between Dr. Miroslava Vargas D/B/A Education Center Aura, Inc. and Webb County for the Webb County Head Start/Early Head Start Program wherein Education Center Aura, Inc. will set up, implement and operate nine (9) classrooms at a cost determined by student population; and authorizing the County Judge to sign all relevant documents and any other matters incident thereto. [Requested by Aliza Oliveros, Webb County Head Start Program Director; Account #918-4208-7037-2]
  Attachments:
  Agreement
  Item #8.a Agreement -Dr Miroslava Vargas - Executed
 
             
b.   AI-12571    Discussion and possible action to approve the renewal of a Software License and Support Services Agreement between Webb County and Management Information Technology USA, Inc. d/b/a Child Plus Software, for the Webb County Headstart/Early Headstart Education Program, for a One year (1yr.) term, starting October 1, 2021 thru September 30th, 2022, at an annual subscription fee of $24,853.90, and authorizing the Webb County Judge to execute any and all relevant documents and any other matters incident thereto. [Requested by Aliza Oliveros, Head Start Director; Account #2357-5200-531-457008 Contractual - $22,229.00, Account #2361-5200-531-457008 Contractual - $1,312.45, Account #2367-5200-531-457008 - $1,312.45]
  Attachments:
  Agreement
  Price Order Form
  Item #8.b Agreement - ChildPlus Software - Executed
 
             
9.   Indigent Healthcare Services
             
a.   AI-12581    Discussion and possible action to approve the posting and filling of the following Slots, subject to the availability of payroll funds and any applicable Civil Service guidelines, effective October 8, 2021:
 
Slot # Title Hourly Rate
 
2961 Nurse $27.46  18/Y
686 Nurse $27.46  18/Y
  Attachments:
  Job Description
 
             
10.   Purchasing
             
a.   AI-12575    Discussion and possible action to authorize the Purchasing Agent to process surplus and/or salvage property in accordance with the Texas Local Government Code, Section 263.152 (Disposition) and to publish notice to public as per Local Government Code Section 263.153 (Notice) for surplus and/or salvage property being auctioned. 

Issue: Excess county property that is either by definition salvage or surplus property because of time, accident, or any other cause such as, wear and deterioration, damaged, or obsolete that has no value and/or usefulness for the intended purpose and is no longer needed by the department. 

Solution: Authorize the Purchasing Agent to attempt to sell the County surplus or salvage property through public auction, dispose or destroy property that cannot be sold through public auction because it has deemed worthless or dispose through a recycling program under which property is collected, separated, or processed and returned to use in the form of raw materials of new products and/or donate as permitted by state law. 

Result: Generate auction revenue from sale of county property, reduce county expenditures by transferring surplus property to other departments and make room for future assets replacing salvage or surplus items no longer needed.
  Attachments:
  Inventory Disposition Listing 10.08.21
  Item 10.a. - Surplus and-or Salvage County Property - Executed
 
             
11.   Road & Bridge
             
a.   AI-12567    Discussion and possible action to ratify, by Order, the following ministerial budget amendment (line item transfer) within Road & Bridge Funds:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 1001-1120-001-462605 Fuel & Lubricant $20,000 $2,500 $24,748 $22,248
To: 1001-1120-001-443000-025 Repairs & Maint. Fuel Pumps $7,500 $2,500 $41 $2,541

Issue: The requested line item transfer is to pay the repair of the diesel pump damaged by the humid weather. 

Solution: Transfer funds as requested above. 

Result: Funds will be availabe to cover the repairs needed.
             
12.   Water Utilities
             
a.   AI-12579    Discussion and possible action to approve the posting and filling of the following Slot, subject to the availability of payroll funds and any applicable Civil Service guidelines, effective October 11, 2021:
 
Slot # Title Hourly Rate
 
1535 Operator I $15.15 12/A-E 

Issue: Position became Vacant October 1, 2021

Solution: Fill Vacant Position.

Result: The filling of this position will alleviate work overload created by vacancy and allow for efficiency, effectiveness and production of work within the department and to better serve the needs of the County.
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to approve Consent Agenda as Amended (amended change is in Item #8.a. to change Account # to 2367-5200-531-457008-030)
  Vote: 4 - 0 Motion Carried
             
6.   Community Action Agency
             
b.   AI-12576    Discussion and possible action to approve the 3% Wage increase to the Webb County Community Action Agency for the following lines of business: Community Social Services Program, Self-Help Center Program, Rural Transit Program (El Aguila), and Meals-On-Wheels/Elderly Nutrition Program. The State funding Agencies have noted that approval of staff salary increase are subject to approval at the local level only and contingent that it does not include an increase request in state funding. Though there are local funds allotted to CAA Programs, all staff salary increases will be paid 100% from grant funds and from other sources with the exception of the Elderly Nutrition Program, which is paid from county funding. [Requested by James Flores, CAA Director]

Issue: Webb County Community Action Agency staff has not participated on the wage increase adjustment since August 10, 2015.

Solution: The Webb County Community Action Agency is proposing staff salaries 3% Wage Adjustment.

Result: The Webb County Community Action Agency staff salaries be adjusted by 3% for the following programs, subject to the approval of the program funding agencies: The Community Social Services Program, Self-Help Center Program, Rural Transit Program (El Aguila), and Meals-On-Wheels/Elderly Nutrition Program.
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct 4 Cindy Liendo to approve
  Vote: 4 - 0 Motion Carried
             
REGULAR AGENDA
             
Honorable Rebecca Palomo, 341st District Court Judge
             
13.   AI-12566    Discussion and possible action to approve the posting and filling of the following Slot, subject to the availability of payroll funds and any applicable Civil Service guidelines, effective October 8, 2021:
 
Slot #  Title Hourly Rate
 
New slot VTP Administrative Assistant $14.42 (Grant Funds)

Issue: A new full-time grant -position providing clerical to support the 341st Veterans Treatment Program must be filled.

Solution: Request authorization by the court posting of this position subject to the availability of payroll funds and any applicable Civil Service Guidelines.

Result: Filling of a Full-time slot will help augment the work of the 341st Veterans Treatment Program.
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct 4 Cindy Liendo
  Vote: 4 - 0 Motion Carried
             
Auditor
             
14.   AI-12584    Discussion with possible action to engage and expand the scope of services of the County’s external auditor to audit and analyze the Election Services Contracts Fund – 2010 as a standard practice upon the change of Elections Office Administration as per Texas Election Code Title 3. Election Officers and Observers Chapter 31. Officers to Administer Elections Subchapter A. Secretary of State and Texas Administrative Code Title 1 Administration Part 4 Office of the Secretary of State Chapter 81 Elections, and any other matters incident thereto.
  Motion by County Judge Tano E. Tijerina,  to approve
  Vote: 4 - 0 Motion Carried
             
Human Resources
             
15.   AI-12582    Discussion and possible action to re-appoint or designate new members of the Webb County Grievance Committee for Non - Civil Service Employee; and any other matters incident thereto. This will be in compliance with the Personnel Policy, Section 13.04.
  Mr. Nathan Bratton explained that the Civil Service Commission is composed of three (3) members appointed by the Commissioners Court and that the Grievance Committee is composed of five (5) members who are individually appointed by each Commissioner 


Mr. Ernesto Guajardo, Human Resources Director read out the names of the Grievance Committee as follows:
Judge Tano E. Tijerina had appointed Mr. Ed. Sherwood,
Commissioner Pct. 1 Jesse Gonzalez had appointed Mr. Mark Gonzalez,
Commissioner Pct. 2 Rosaura "Wawi" Tijerina had appointed Mr. Roberto E. Tellez
Commissioner Pct. 3 John C. Galo had appointed Ms. Pat Campos
Commissioner Pct. 4 Cindy Liendo pending appointee
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to accept the grievance committee as amended with Commissioner Pct. 4 Cindy Liendo's appointee
  Vote: 4 - 0 Motion Carried
  Attachments:
  Members
  Non - Civil Service Grievance Committee
 
             
Civil Legal Division
             
16.   AI-12583    Discussion and possible action to ratify a lease agreement with GODOT, LTD. for a One year period at monthly cost of Three Thousand Three Hundred Seventy-Five Dollars ($3,375.00) for office space (Suite 102 Aurora Office Building, 9901 McPherson) for Constable Precinct 4 and any matters incident thereto. [Funding available 1001-1130-001-444100]
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by County Judge Tano E. Tijerina to approve
  Vote: 4 - 0 Motion Carried
  Attachments:
  Lease Constable Pct 4office space
 
             
17.   Communications
  Communications were done by Commissioner Pct. 2 Rosaura "Wawi" Tijerina and County Judge Tano E. Tijerina.
             
18.   Adjourn
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to adjourn
  Vote: 4 - 0 Motion Carried

    

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