Official Minutes for Webb County
Commissioners Court Meeting

Monday, December 12, 2016 at 9:00 AM
(Approved January 9, 2017)

 
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
Frank Sciaraffa,                                      Commissioner, Pct. 1
Rosaura "Wawi" Tijerina,                        Commissioner, Pct. 2
John C. Galo,                                          Commissioner, Pct. 3
Jaime Alberto Canales,                           Commissioner, Pct. 4

Thus constituting a quorum, the Commissioners Court proceeded to act upon the Agenda as posted in the meeting notice of the 8th day of December 2016. Present also were Mrs. Virginia M. Rodriguez, Deputy County Clerk 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
 
2.   Pledge of Allegiance/Invocation
 
3.   Approval of Bills, Payroll, and Monthly Report
 
  County Treasurer, Ms. Delia Perales presented the Recap of Checks, Release of Immediate Payments, Ratification of five (5) Checks for Judge Salinas totaling $1,893.20 for travel, Ratification of Payroll with list of errors sent to Auditors, and Side Bills pending approval.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo
  Vote: 5 - 0 Motion Carried
 
  Chief Deputy Auditor, Mr. Rafael Perez presented the monthly report for November 2016.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Frank Sciaraffa
  Vote: 5 - 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.

1) Tony Gamboa spoke in regards to the 2017 Laredo Honor Flight.
 
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
 
5.   Auditor
 
a.      Discussion and possible action to approve membership dues in the amount of $405.00 for Texas Prima for Human Resources and $140.00 for District 12 Texas County Agriculture Agent's Association for the Extension Agent, as required by Local Government Code §89.002.

Issue: Local Government Code §89.002 requires that the Commissioners Court may spend, in the name of the county, money from the county's membership fees and dues of nonprofit State Association of Counties if:

(1) a majority of the court votes to approve membership in the association;

Solution: Obtain court approval as required.

Result: Purchase Orders for associations approved by the court will be processed for payment.
  
 
6.   Honorable Marco Montemayor, County Attorney
 
a.      Discussion and possible action to accept the dedication of Three (3) Roadway Right-of-Way easements out of Ranchitos Los Nopalitos subdivision, and to authorize the County Judge to execute all relevant documents; and any other matters incident thereto. [Requested by Luis Perez Garcia, Webb County Engineer] 
 
Grantor Property Dedication
Maria Luz Navarro Lot 70 0.091 Acres
Noe Rodriguez Lot 87 0.038 Acres
Carlos Salas Lot 93 0.040 Acres

Issue: Ranchitos Los Nopalitos subdivision needs a county road with a fifty (50) foot easement.

Solution: The Webb County Engineering Department is obtaining the easements from the residents to acquire the needed fifty (50) foot required by the model rules.

Result: When the project is completed the Ranchitos Los Nopalitos subdivision will have a fifty (50) foot county road.
  
 
b.      Discussion and possible action to accept the dedication of Seven (7) Roadway Right-of-Way easements out of Ranchitos Los Fresnos subdivision and to authorize the County Judge to execute all relevant documents; and any other matters incident thereto. [Requested by Luis Perez Garcia, Webb County Engineer]
 
Grantor Property  Dedication
Juan Pablo Villarreal Trustee Lot 103 0.087 Acres
Juan M. Gomez Lot 104 0.038 Acres
Antonio E. Segura & Felipe Contreras Lot 105 0.039 Acres
Francisco Beltran & WF Maria Minerva Beltran Lot 106 0.039 Acres
Francisco Beltran & WF Maria Minerva Beltran Lot 107 0.038 Acres
Francisco Beltran & WF Maria Minerva Beltran Lot 108 0.038 Acres
Noe Rodriguez Lot 111 0.039 Acres

Issue: Ranchitos Los Fresnos subdivision needs a county road with a fifty (50) foot easement.

Solution: Webb County Engineering is obtaining easements from the residents to acquire the needed fifty (50) foot required by the model rules.

Result: When the project is completed the Ranchitos Los Fresnos subdivision will have a fifty (50) foot county road.
  
 
c.      Discussion and possible action to accept the dedication of Thirteen (13) Roadway Right-of-Way easements out of Ranchitos Los Arcos subdivision and to authorize the County Judge to execute all relevant documents; and any other matters incident thereto. [Requested by Luis Perez Garcia, Webb County Engineer]
 
Grantor Property Dedication
 
Gabriel Garcia & Gladys Arce Garcia Lot 41 0.034 Acres
Gabriel Garcia & Gladys Arce Garcia Lot 42 0.092 Acres
Nicolas Medina Jr. & Julia G. Medina Lot 70 0.093 Acres
Rodolfo L. Gonzalez & WF Bertha M. Gonzalez Lot 96 0.091 Acres
Rosa Irma Salinas Lot 121 0.090 Acres
Cesar R. Medina & WF Petra Z. Medina Lot 122 0.034 Acres
Cesar R. Medina & WF Petra Z. Medina Lot 123 0.035 Acres
Maria Candelaria Bedoy & Pedro Gutierrez Ramirez Lot 124 0.035 Acres
Maria Candelaria Bedoy & Pedro Gutierrez Ramirez Lot 125 0.035 Acres
Diana L. A. Garcia Lot 126 0.036 Acres
Aron Vasquez Lot 127 0.037 Acres
Aron Vasquez Lot 128 0.037 Acres
Juan M. Gamez Lot 129 0.037 Acres
 
Issue: Ranchitos Los Arcos needs a county road with a Fifty (50) foot easement.

Solution: Webb County Engineering is obtaining easements from residents to acquire the needed fifty (50) feet required by the model rules.

Result: When the project is completed the Ranchitos Los Arcos residents will have a fifty (50) foot county road.
  
 
d.      Discussion and possible action to enter into a Twenty Four (24) month (December 12, 2016 through December 11, 2018) Maintenance Agreement between Toshiba Business Solutions and Webb County for the Webb County Justice of the Peace, Precinct 4 for a Toshiba E-Studio 456 Digital Copier at a cost of Sixty-Nine Dollars and Fifty-One Cents ($69.51) per month for a total amount of One Thousand Six Hundred Sixty-Eight Dollars and Twenty-Four Cents ($1,668.24) over the term of the agreement, subject to annual budget appropriating and authorizing the County Judge to sign and execute all relevant documents.[Requested by Jose “Pepe” Salinas, Justice of the Peace, Pct. 4; Account #001-1044-6402]   
 
e.      Discussion and possible action to enter into a Forty Eight (48) month (December 12, 2016 through December 11, 2020) Lease with Maintenance Agreement between Toshiba Business Solutions and Webb County for the Webb County Public Defender for a Lexmark XM5170 Digital Copier at a cost of One Hundred Eleven Dollars and Thirty-One Cents ($111.31) per month and a total amount of Five Thousand Three Hundred Forty-Two Dollars and Eighty-Eight Cents ($5,342.88) over the term of the agreement, subject to annual budget appropriating and authorizing the County Judge to sign and execute all relevant documents. [Requested by Virginia Aranda, Webb County Public Defender; Account #001-1102-6014]   
 
f.      Discussion and possible action to enter into a Forty-Eight (48) month (December 12, 2016 through December 11 , 2020) Lease with Maintenance Agreement between Toshiba Business Solutions and Webb County for the Webb County El Aguila Rural Transportation Department for a Toshiba E-Studio 3505AC Copier at a cost of One Hundred Sixty-Five Dollars and Sixteen Cents ($165.16) per month and a total amount of Seven Thousand Nine Hundred Twenty-Seven Dollars and Sixty-Eight Cents ($7,927.68) over the term of the agreement, subject to annual budget appropriating and authorizing the County Judge to sign and execute all relevant documents. [Requested by Robert Martinez, Webb County El Aguila Rural Transportation Director; Account #930-4204-6014]   
 
g.      Discussion and possible action to enter into Professional Training and Development Contract between Applebaum Training Institute and Webb County for the Webb County Head Start/Early Head Start Program to perform professional training and development for Teachers and Teacher Assistants that will take place on December 19, 2016, at a cost of Six Thousand Six Hundred Fifty Dollars ($6,650), and authorizing the County Judge to sign and execute all relevant documents. [Requested by Aliza Oliveros, Webb County Head Start Director; Account #903-4211-6083 ($4,000.00) -Regular Head Start, Account #909-4207-6083 ($1,325) - EHS and Account #918-4211-6083 ($1,325) - Child Care Partnership]   
 
7.   Honorable Margie Ibarra, County Clerk
 
a.      Approval of Minutes for November 17, 2016 and November 28, 2016   
 
8.   Honorable Isidro Alaniz, District Attorney
 
a.      Discussion and possible action to approve the following line item transfers within the District Attorney's State forfeiture funds:
 
  Acct. Number Acct. Name Amount Bal. End Bal.
From: 167-1100-5011 Sick Leave Buy Back $11,000 $12,084 $1,084
           
To: 167-1100-5005 Part Time $7,500 $0 $7,500
  167-1100-5301 FICA County Share $600 $4,022 $4,622
  167-1100-5303 Retirement $900 $5,413 $6,313
  167-1100-5305 Workers Compensation $1,800 $(178) $1,622
  167-1100-5306 Unemployment Tax $200 $1,123 $1,323
      $11,000    

Issue: The following payroll accounts need funds to cover estimated expenditures that are forecasted for the remainder of the fiscal year. Part Time and the related fringe benefits.

Solution: Create a line item transfer.

Result: The accounts will have sufficient funds to cover the estimated expenditures.
  
 
b.      Discussion and possible action to accept an award from the U.S. Department of Justice, United States Marshals Service for overtime expenses. The period of performance for this award is October 19, 2016 through September 30, 2017 for an amount not to exceed $13,000.00. Forfeiture funds will be utilized to cover the fringe benefits allocated to the overtime. [Fund 288]

Issue: Collaboration between Federal, State and local law enforcement agencies is necessary to pursue and capture individuals that have outstanding warrants therefore deemed  fugitives from Justice.

Solution: Accept Federal assistance to continue local participation in Joint Operations with the U.S. Department of Justice, United States Marshals Service.

Result: Apprehension and prosecution of dangerous fugitives from the Law.
  
 
9.   Human Resources
 
a.      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 December 31, 2016:
 
Slot # Title Hourly Rate
 
2839 Administrative Clerk $13.07- 9/A

Issue: Employee resigned.
 
Solution: Fill the vacancy

Result: The filling of slot will alleviate overload of tasks to one employee, and create efficiency and productivity within the department.
  
 
10.   Juvenile Probation Department
 
a.      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 December 12, 2016:
 
Slot # Title Hourly Rate
 
333 Juvenile Supervision Officer (Male Guard) $15.73 - 12/D
2441 Juvenile Supervision Officer (Male Guard) $15.73 - 12/D
2433 Juvenile Supervision Officer (Female Guard) $15.73 - 12/D
349 Juvenile Supervision Officer (Male Guard) $15.73 - 12/D
2449 Control Room Technician $14.42 - 11/A
2453 Control Room Technician $14.42 - 11/A

Issue: Due to resignations and terminations, we are not meeting the staffing ratios for the continuous (24 hours-a-day/7 days-a-week) operations of the Juvenile Detention Center.

Solution: Approve posting and filling of vacated positions.

Result: Compliance with required supervision ratios.
  
 
b.      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 December 12, 2016:
 
Slot # Title Hourly Rate
 
2896 Custodian $11.84 - 7/A (State Funds)

Issue: Juvenile Probation Department is in need of filling this position to continue to provide custodial services.

Solution: Approve the posting of position to fill vacancy.

Result: The filling of this position will alleviate overload to our custodial staff and this will help maintain a more efficient working environment.
  
 
11.   Planning & Physical Development
 
a.      Discussion and possible action to issue a “Certificate of No-Plat Required” pursuant to Section 232.0015(f), Texas Local Government Code and the provision of the Webb County Subdivision Regulations Section XVI.1B(2) to the re-plat of Tract 19, Unit II, Rancho Peñitas West containing approximately 59.03 acres, more or less, in Porc. 7 Abst. 41 and  Porc. 8, Abst. 39 as described in Vol. 4098, Pgs. 472-476 of the Webb County Deed Records (ID 5051).   
 
12.   Purchasing
 
a.      Discussion and possible action to offer a Ninety (90) day extension to our current fuel provider (Arguindegui Oil), and to authorize the Purchasing Agent to solicit bids for the following annual contract:

Bid 2017-01 - Annual Contract for Fuel

Issue: Our current fuel contract expires December 30, 2016.
Solution: Offer our fuel provider a 30 day extension, and commence the process for bid solicitation.
Result: Purchasing efficiency, compliance of the law.
  
 
b.      Discussion and possible action to award the following Annual Contracts:

Bid 2017-47 - Annual Contract for Ammunition- KirkPatrick Guns & Ammo Inc. (Primary), TGS Tactical, LLC (Secondary) 
Bid 2017-48 - Annual Contract for Custom Welding Services-Laredo Muffler Shop

Issue: The Purchasing Department does not have contracts for the services listed above. The goods and services listed above may exceed our $50,000.00 threshold, and this would require us to solicit competitive sealed bids.

Solution: Solicit bids, and award a contract to the vendor(s), that have submitted the most advantageous bid to Webb County.

Result: Purchasing efficiency, compliance of the law.
  
 
c.      Discussion and possible action to authorize the purchase of Twenty-Five (25) AIO IT Training Computers from Dell (DIR-SDD-1951) in the amount of $24,829.83 and Twenty-Five (25) Software CAL licensing from SHI Government Solutions (DIR-SDD-2503) in the amount of $10,242.50 in accordance with the Texas Local Government Code; Section 271 (Cooperative Purchasing Program), and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Requested by Rafael Pena, IT Director; Account(s) #757-8106-8404 and #757-8106-8405 (Bond Series 2016)]

Issue: January next year, end user training will begin for users of the new judicial system and computers are needed to setup the classrooms.

Solution: Purchase all-in-one computers for classrooms.

Result: Classrooms will be equipped for end user training.
  
 
d.      Discussion and possible action to authorize the purchase of Eight (8) AIO Computers from Dell (DIR-SDD-1951) in the amount of $11,074.05 and Eight (8) Software CAL licensing from SHI Government Solutions (DIR-SDD-2503) in the amount of $3,277.60 in accordance with the Texas Local Government Code; Section 271 (Cooperative Purchasing Program) and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Requested by Rafael Pena, IT Director; Account(s) #757-8106-8404 and #757-8106-8405 (Bond Series 2016)]

Issue: Session Works is software that allows Judges to organize their case load on the bench. This product works best with computers that have touch screen monitors and currently the courts are not properly equipped.

Solution: Purchase all-in-one computers for the court rooms.

Result: Court rooms in Webb County will be ready to deploy Session Works.
  
 
e.      Discussion and possible action to purchase Two (2) radio consoles at $69,232.64, Five (5) AP/X6000 VHF High Power radios at $21,995.25, and Fifteen (15) portable radio antennas at $492.00, and Seven (7) carry holders (pouches) at $162.40 for the Webb County Sheriff’s Office, from Motorola Solution, pursuant to the Local Government Code; Sections 271.101 and 271.102 Subchapter F, Cooperative Purchasing Program, Contract HGAC RA05-12 for a total amount not to exceed a maximum grant amount of $92,603.72. [Requested by Sheriff Martin Cuellar, Jr., Accounts #401-2001-6205 (Materials & Supplies) #401-2001-6224 (Minor Tools & Apparatus) and #401-2001-8801 (Capital Outlay - Grant Funds)] Thus, this purchase will continue to have no impact on the general fund.

Issue: Since the tragedy of 9/11, the urgent need for expanded and enhanced interoperable communications for first responders in the United States was understood to help save the lives of both first responders and the citizens they serve.

Solution: Purchase of interoperable equipment utilizing grant funds to provide enhance interoperable communications for the Webb County Sheriff’s Office Dispatch Communications Center and the many law enforcement agencies and other first responders they serve and assist.

Result: The Webb County Sheriff’s Office Dispatch Center, its 911 operators, the Webb County Sheriff’s Office, other local law enforcement agencies, and other first responders will have increased interoperability capacities.
  
 
13.   Honorable Martin Cuellar, Sheriff
 
a.      Discussion and possible action to approve a reimbursement agreement between the Webb County Sheriff's Office and the U.S. Marshals Service for the overtime expenses to conduct joint agency operations for the performance period of October 19, 2016 through September 30, 2017 for an amount not to exceed $13,000. [Fund 354] Applicable fringe benefits in the amount estimated at $3,300.00 and associated with this overtime are not covered through this federal funding; and, therefore, will be covered by forfeiture funds. Thus, this continuous cooperative agreement will continue to have no impact on the general fund. [Account #170-9501-9301 (Forfeiture Funds)]

Issue: Various criminals with felonious charges, such as but not limited to murder, robberies, sexual assault of minors, all gang-related felonies, and aggravated assaults with deadly weapons, abscond from the local jurisdiction in order to avoid justice for their crimes. Due to the limited manpower and other resources of local law enforcement agencies, these criminal can sometimes continue to successfully evade arrest with impunity. 

Solution: Through joint law enforcement overtime (OT) operations, members of the U.S. Marshal’s Service Multi-Agency Task Force can continue to assist other local law enforcement agencies, such as the Laredo Police Department and the Zapata County Sheriff’s Office, to conduct necessary investigations, covert surveillance and undertaken arrests of absconders who have outstanding warrants for their felonious crimes. 

Result:Webb County/Laredo citizens will be safer once these criminals are captured and taken out of the local community in order to face justice for their felonious crimes.
  
 
14.   Honorable Patricia A. Barrera, Tax-Assessor- Collector
 
a.      Discussion and possible action to approve a refund in the amount of $2,572.44 to Lereta LLC, Accounts #55001339072 through 97351003180 for over-payment of taxes for year 2016.

Issue: Upon receiving payment from Lereta LLC, several accounts had either been previously paid or had values adjusted from a Supplement resulting in the over-payment of those accounts.

Solution: Refund said amount to Lereta LLC for those over-payments.

Result: The monies will be reimbursed to the appropriate taxpayer.
  
 
15.   Risk Management
 
a.      Discussion and possible action to clarify and/or modify the job description for Slot #1381 (Employee Benefits Coordinator) and Slot #2461 (Safety Coordinator) and, upon vacancy of said slots and availability of payroll funds, approve the posting and filling of said slots. If a modification is necessary and approved by the Court, modifications will be taken before the Civil Service Commission for certification.
 
Issue: The minimum qualifications listed in the current job descriptions are vague and subject to interpretation and depending on how they are interpreted do not allow for current employee advancement and promotion. Furthermore, depending on interpretation, the descriptions limit the pool of potential applicants.
 
Solution: Add the word “preferred” to both the educational and experience requirements.

Result: Current employees will be eligible to apply for these positions and have an opportunity for advancement and the pool of potential applicants will be expanded.
  
 
b.      Discussion and possible action to ratify the 2017 renewal agreement with Texas Association of Counties for the Retiree Silver Choice Benefit Program offered to enrollees over age 65 with coverage offered through TransAmerica Premier (medical) and Medicare Generation Rx (prescriptions), effective January 1, 2017; and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto.   
 
16.   Veteran's Service Office
 
a.      Discussion and possible action to accept a donation in the amount of $1,000 given to the Webb County Veteran Transportation Assistance Program, as per Texas Local Government Code 81.032 - Acceptance of Donations and Bequests for the donation. Donation received from local veteran, Alejandro Luna, for maintenance and any other expenses the program may require.

Issue: The amount of $1,000, has been received as a donation from local veteran, Alejandro Luna, for the continuation of the Veteran Transportation Program.

Solution: Accept donations offered from set donors in order to successfully continue providing transportation services to veterans located within the county of Webb.

Result: Donation funds will provide safety equipment for the Veteran Transportation Van and further maintenance required for proper functionality.
  
 
17.   Water Utilities
 
a.      Discussion and possible action to approve the purchase of a replacement trailer mounted hydro-jetter in the amount of $42,850 to Harben, Inc. under the HGAC Buy Board Contract Pricing, Contract Number SC01-16. [Account #758-8005-8601 (2016 Bond Series)]

Issue: Existing trailer mounted hydro-jetting equipment was purchased in 1998 and has been repaired multiple times inclusive of motor replacement, pump replacement, and tank replacement in the 20 years of service life of this equipment. This small trailer mounted jetting equipment is primarily used in small diameter lines and lines associated in easements within private property owners. Due to the use of our Vacuum Jetter Truck and our sewer collection line cleaning program, the majority of customer calls are due to small service lines where the large truck cannot enter. This unit is being requested to improve the reliability of service to our customers. Existing unit will be placed out of service due to calculated cost for equipment replacement is at $21,000 not inclusive of labor.

Solution: Replace old unit with new smaller footprint equipment with safer operation for our employees and customers included stronger capacity to resolve blockages within service area.

Result: Improved response reliability. Safer and more efficient operation. Increase equipment capacity.
  
 
  County Attorney's Office, Mr. Ramon Villafranca stated a correction under item #6.f.; Account # should read as 980-4204-6014.
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct. 1 Frank Sciaraffa to approve all Consent Agenda items with the correction on item #6.f.
  Vote: 5 - 0 Motion Carried
 
REGULAR AGENDA
 
Honorable Isidro Alaniz, District Attorney
 
18.      Status report from the District Attorney's Office regarding the 24-7 jail intake program; with further discussion and possible action to authorize the continued funding of the 24-7 jail intake program subject to availability of funds; and any other matters incident thereto.

Issue: The funds allocated to administer the DA 24-7 jail intake will be depleted at the beginning of January 2017. Without the continued funding, the DA 24-7 jail intake will be interrupted thereby preventing Webb County from savings and from the opportunity to bring in additional revenue.

Solution: Continue funding the program by transferring funds from available savings.

Result: Webb County will continue to capitalize on the opportunity to save money and to bring in additional revenues.
  
 
  Motion by Commissioner, Pct. 1 Frank Sciaraffa, seconded by County Judge Tano E. Tijerina to approve item #18 for three (3) months from Fund 605 until April
  Vote: 5 - 0 Motion Carried
 
Human Resources
 
19.      Discussion and possible action to re-appoint the Civil Service Commissioners, for a Two-year term, commencing January 1, 2017 thru December 31, 2019; and any other matters incident thereto.

Issue: Term has expired for current Commissioners James Kuykendall, Rey Ayala, and Oscar Maldonado.

Solution: James Kuykendall and Rey Ayala are willing to serve another term, if the court so approves. Since only two commissioners are willing to serve another term, there is no quorum. The Commissioners Court may recommend names of individuals that might be interested in serving on the Civil Service Commission.   
 
Result: The re-appointment of the two current commissioners plus the recommendation of the court will insure smooth and efficiently run Commission, and will provide good continuity for such an important function.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Frank Sciaraffa to appoint Mr. Ed Sherwood and Mr. Remy Salinas as Civil Service Commissioners and designate a third one on January 1
  Vote: 5 - 0 Motion Carried
 
Auditor
 
20.      Discussion and possible action to approve the following line item transfer to provide funding for September 30, 2016 expenditures in the following accounts:
 
  Acct. Number Acct. Name Amount Bal. End Bal.
From: 001-1010-5601 Administrative Travel $1,175 $2,454 $1,279
To: 001-1010-6022 Professional Services $1,175 $0 $1,175
           
From: 001-1011-5601 Administrative Travel $250 $718 $468
To: 001-1011-6029 Court Interpreter/Reporter $250 $83 $333
           
From: 001-1041-5601 Administrative Travel $55 $1,940 $1,885
To: 001-1041-6004-2 Court Interpreter/Reporter $55 $38 $93
           
From: 001-6105-6201 Utilities $2,224 $8,713 $6,489
To: 001-6104-6201 Utilities $2.224 $25 $2,249
           
From: 801-3001-6022-8 Professional Services $744 $8,344 $7,600
To: 801-3001-6004 Telephone $744 $213 $957
           
From: 801-3001-6022-8 Professional Services $136 $7,600 $7,464
To: 801-3001-6201 Utilities $136 $0 $136
           
From: 001-0112-7100-01 TxDot CTIF 95,787 287,690 $191,903
To: 001-0300-5001 Payroll $17,852 $(11,852) $6,000
  001-0600-5001 Payroll $26,171 $(26,171) $0
  001-1001-5001 Payroll $12,229 $(12,229) $0
  001-1050-5001 Payroll $6,184 $(6,184) $0
  001-1130-5001 Payroll $17,015 $(17,015 $0
  001-6108-5001 Payroll $2,133 $(2,133) $0
  001-6001-5001 Payroll $14,203 $(14,203) $0
           
From: 001-2060-5301 FICA $37,912 $62,470 $24,558
To: 001-2020-5001 Payroll $4,110 $(4,110) $0
  001-2060-5001 Payroll $42,022 $(42,022) $42,022
  001-2060-5012 Sick Leave Buy Back at Retirement $7,000 $0 $7,000
           
From: 001-0114-9201 Claims Paid $7,000 $9,436 $3,436
To: 001-0114-6022-1 Pre and Post Employment Testing $7,000 $1,545 $7,545
      $149,393    

Issue: The elected official or department head payroll and/or operation line items do not have sufficient funds as of September 30, 2016.  

Solution: To Identify sufficient funds within the the departments when applicable.

Result: To ensure all expenditures are paid within the audit period for all County funds.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Frank Sciaraffa
  Vote: 5 - 0 Motion Carried
 
21.      Discussion and possible action to amend the 2017 Court Technology Fund budget to the 2016 available balances listed below:
 
016 Technology Fund 2017 Adopted Available Bal Invoices Budget Amendment
0101 Commissioners Court 0 $15,856 - 15,856
1040 JP Pct 1 Pl 1 1,100 $9,657   8,557
1041 JP Pct 1 Pl 2 4,100 $15,588   11,488
1042 JP Pct 2 Pl 1 5,100 $64,933   59,833
1043 JP Pct 3 6,500 $20,558 883 14,941
1044 JP Pct 4 3,450 $392,195 (11,239) 377,506
1045 JP Pct 2 Pl 2 1,100 $8,229 10,356 17,485
1110 District Clerk 120,000 $256,585   136,585
1120 County Clerk 100 $10,695   10,595
  Total 141,450 $794,296 0 652,846

Issue: Court Technology Fund budgets require to have the correct available balances for expenditures and encumbrances for 2017.

Solution: Court Technology Fund budgets will have the appropriate funding to perform their intended purpose.

Result: The amendments to the Court Technology Fund budget will report the correct available balance.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Frank Sciaraffa
  Vote: 5 - 0 Motion Carried
 
Engineer
 
22.      Discussion and possible action to approve Dannenbaum Engineering Corporation's Supplemental Agreement No. 6 to Main Contract.  This Supplemental No. 6 is adding TxDOT CSJ: 0086-14-910 defined as Right of Way/Utilities and PS&E for Loop 20 Main Lanes and Frontage Roads from Sta. 257+85.56 to just North of Loop 20/US 59 Overpass (Sta. 115+5.40). All other provisions of the Main Contract are unchanged and remain in full force and effect. Additional scope of services of which 100% will be reimbursed by the Texas Department of Transportation (TxDOT) contingent on their approval and; authorize the County Judge to sign all relevant documents. [Account #644-8001-6022 (Professional Services)]
 
Issue:Amend scope of services: Right of Way; Utilities; for Loop 20 Main Lanes, Airport and Jacaman grade separations, and Frontage Roads.
 
Solution: Approve Supplemental No. 6  to the Main Contract which is adding Supplemental No. 2 and Supplemental No. 3 to Work Authorization No. 2 (recently approved 11/14/2016) for additional Advanced Planning Services for TxDOT CSJ: 0086-14-058-Loop 20 Extension Project, in the amount of $157,121.03 (approved 11/14/2016) increasing the total Main Contract to $2,743,625.05.

Result: Include all additional necessary services as required and approved by the Texas Department of Transportation.  Execute Supplemental No. 6 to Main Contract and continue with project.
  
 
23.      Discussion and possible action to approve a quote in the amount of $3,000.00 to Porras Nance Engineering for a Field Survey, Right Of Way staking and “As-Built” surveys at Vaquillas Road, for the Aguilares Railroad Crossing - Roadway Bypass and Improvements Crossing Closure Project. Funds may be reimbursed by the Texas Department of Transportation and Kansas City Southern Railroad, as per Agreement signed August 1, 2016; and authorize the County Judge to sign all relevant documents. [Account #010-7002-6405 Repair & Maintenance of Roads]

Issue: In the interest of public safety, the State, the Local Government, and the Railroad propose to consolidate and close existing redundant, non-essential highway-railroad grade crossing at Vaquillas Road at the Kansas City Railway; and make other operational or safety improvements to facilitate the elimination of safety hazards.

Solution:The State shall make funding available to the Local Government for closing the aforementioned crossing.

Result: Permanent closure of existing railroad grade crossing (s), and make other operational or safety improvements to facilitate the closure of said existing railroad crossing.
  
 
24.      Discussion and possible action to approve and finalize contract with Dannenbaum Engineering Corporation for RFQ CSJ: 0922-33-1266 for Preliminary Engineering Services, for the Reuthinger Extension of the Hachar-Reuthinger Road Project from 0.1 miles east of Beltway parkway (northern ND Hachar tract limit-southern Reuthinger tract limit) to west I-35 frontage road. The maximum reimbursement amount under the Advance Funding Agreement (AFA) through the Texas Department of Transportation (TxDOT) is $240,000.00; and authorize the County Judge to sign all relevant documents. [Account #756-8001-6022 (Professional Services)]

Issue: Preliminary engineering, including the preparation of schematics, environmental documents and right of way parcel maps are needed to support roadway project.

Solution: Approve and finalize contract.

Result: Webb County's selection and approval of the Engineering Company to provide the needed services.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to approve items #22, #23, and #24
  Vote: 5 - 0 Motion Carried
 
25.      Discussion and possible action to approve Dannenbaum Engineering Corporation's Supplemental Agreement No. 7 to the Main Contract which will include offsite detention ponds, as per the Texas Department of Transportation (TxDOT) revisions.  All other provisions of the Main Contract are unchanged and remain in full force and effect. Additional scope of services of which 100% will be reimbursed by the Texas Department of Transportation (TxDOT) contingent on their approval and; authorize the County Judge to sign all relevant documents. [Account #644-8001-6022 (Professional Services)]

Issue:Amend scope of services:  offsite detention ponds and PS&E for Loop 20 Main Lanes, Airport and Jacaman grade separations, and Frontage Roads.
 
Solution:Approve Supplemental No. 7 (Engineer will not commence with work until funds from TxDOT are available) is being increased by Work Authorization No. 3 for PS&E (TxDOT CSJ: 0086-14-910) for an additional $4,937,340.65 increasing the total Main Contract to $7,680,965.70.

Result: Include all additional necessary services as required and approved by the Texas Department of Transportation.  Execute Supplemental No 7 to the Main Contract and continue with project.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to approve item #25 and to make sure no work is done until the approval to ensure it's 100% reimbursable to Webb County
  Vote: 5 - 0 Motion Carried
 

Planning

 
26.      Discussion and possible action to authorize the Purchasing Agent to solicit proposals for an annual contract with a public relations agency or marketing consultant to perform public communications and educational outreach via multi-media platforms to address a variety of issues including, but not limited to, public health and safety, emergency operations, educational outreach intended to prevent or otherwise safeguard public health and safety, matters relating to regulatory or legislative changes impacting county residents, and local efforts to prevent disease, reduce waste, address public nuisances, protect the environment and water resources, or other issues of public concern.  [Accounts #010-2204-6022 (Professional Services) and #010-2204-7054 (Environmental Health & Vector Control)]
 
Issue:  As set-out in Webb County’s Emergency Operations Plan and consistent with best practices of the National Incident Management System (NIMS), adequate public communications and educational outreach in preparation for or in response to emergency operations and public health and safety issues is critical to successful prevention programs and the management of events and outbreaks.  Ongoing and recent threats to public health such as the Zika virus have elevated local needs to increase educational efforts to strengthen prevention, support source reduction and respond to transmission and outbreaks.  Unfortunately, existing resources are limited to perform much needed emergency communications and educational outreach.
 
Solution/Result:  An annual contract with a proven public relations agency or marketing consultant will be beneficial not only in the development of outreach campaigns for local prevention efforts but can also play a vital role in consolidating and disseminating public communications in the event of an emergency operation or response.  By utilizing the annual contract procurement approach, such an agency/firm could also be utilized by several county offices to perform and support a variety of public communication efforts as issues or needs arise utilizing multi-media platforms and response teams.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina
  Vote: 4 - 1 Motion Carried
 
NAY: Commissioner, Pct. 4 Jaime Alberto Canales
 
27.      Discussion and possible action to establish and set fees, payment schedules, and rules for the provision of solid waste services by Webb County in the unincorporated areas of the county to include the extra-territorial jurisdiction (ETJ) areas in which an inter-local agreement has been executed  by the City of Laredo; extend the implementation schedule or effective date to March 1, 2017 (for services beginning April 1, 2017); authorizing the County Judge to execute all necessary documents and county orders relating to same; and, any matter incident thereto as recommended below:
 
Recommended Monthly Service Fees

 
Service  fees: Mo. fee
Residential - 1st Container $30.00
Residential - Additional Container $15.00
NON-Residential - 1st Container $60.00
NON-Residential - Additional Container $30.00
Late Fees - Residential $10.00
Late Fees - NON-Residential $25.00

One-time Set-up Fees/Deposits (primarily, 1st year only)
 
Equipment: Fee/deposit
Containers each (Exist. residential customers who sign up by March 1, 2017) $25.00
Containers each (New & Non-residential deposit) $50.00
Replacement (damaged, stolen, etc.) $50.00
Replacement (damaged by county) $0.00
Delivery fee (New service/replace/non-pymt) $20.00
**New service customers include residential customers first executing service contracts AFTER 3/1/17.
 
Recommended Monthly Service Discounts for Advance Payments

 
Advance Discount Examples
12 months 25% A residential customer’s annual service cost of $360 would be reduced to $270
6 months 20% A residential customer’s annual service cost of $360 would be reduced to $288 (2 pymts of $144 ea.)
3 months 10% A residential customer’s annual service cost of $360 would be reduced to $324 (4 pymts of $81 ea.)
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo
  Vote: 3 - 2 Motion Carried
 
NAY: Commissioner, Pct. 1 Frank Sciaraffa
  Commissioner, Pct. 4 Jaime Alberto Canales
 
Purchasing
 
28.      Discussion and possible action to award RFP 2016-007 "La Presa Community Park - Youth Baseball Field Project" to Altius Group Corporation in an amount not to exceed $130,500.00 and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Bond Series Account #635-6115-8601]

Issue: Only one contractor submitted a sealed proposal for RFP 2016-007 "La Presa Community Park - Youth Baseball Field Project"  Base bid total is $135,476.67. Total alternates equal $257,831.58.

Solution: Award RFP 2016-007 to Altius Group in an amount not to exceed the project budget of $130,500.00. County staff will negotiate with contractor on lowering the base bid and/or choosing other alternates on RFP to remain within Budget.

Result: Proceed with Master plan components for La Presa Community Park.
  
 
  Motion by Commissioner, Pct. 1 Frank Sciaraffa, seconded by Commissioner, Pct. 3 John C. Galo to approve item #28 from Fund 605 not to exceed over $5,000
  Vote: 5 - 0 Motion Carried
 
29.      Discussion and possible action to purchase Cisco IP Phones with licensing, analog lines, 24 port switch, UPS backup and necessary equipment for both Justice of the Peace Offices, Pct. 2, Place 1 & 2 to include as part of the County's centralized phone system in an amount not to exceed $26,771.28 in accordance with the Texas Local Government Code; Section 271 (Cooperative Purchasing Program), and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Requested by Rafael Pena, IT Director; Fund 016 (Technology)]
 
Description Amount Qty. Vendor Quote #
         
Cisco IP Phones w/licensing $17,424.00 40 Insight Q041916JS
Cisco Voice Gateway (Analog Lines) $4,189.20 1 Insight Q042116JS
Cisco Catalyst Switch (24 port) $4,102.80 1 Insight Q042016JS
Eaton UPS $967.96 1 Connection 24098664.02 W1
Panduit 110-Block (Analog Lines) $87.32 1 CDW-G HNGJ721
  $26,771.28      

Issue: Currently the Justice of the Peace Pct. 2 building is not part of the centralized phone system. Including these offices in the existing system, will eliminate the monthly cost for the lines in that building, will simplify the billing process, and will provide features that are not currently available on the existing system among other benefits.

Solution: Purchase all equipment needed to add these departments to the centralized system.

Result: Justice of the Peace Pct. 2 building will be part of the centralized phone system.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina
  Vote: 5 - 0 Motion Carried
 
30.      Discussion and possible action to purchase Sixty-Seven (67) Fujitsu Scanners FI-7160 for Justice of the Peace Offices in an amount not to exceed $60,182.04 from Connection (NCPA #01-44) in accordance with the Texas Local Government Code, Sub-Chapter (F) Cooperative Purchasing Programs; Section 271.102, and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Requested by Rafael Pena, IT Director; Fund 016 (Technology Fund)]

Issue: Documents need to be captured into the new judicial software and the clerks at the Justice of the Peace offices do not have scanners to do so.

Solution: Purchase the scanners for the Justice of the Peace offices.

Result: Justice of the Peace offices will have scanners to capture all documents into the new judicial software.
  
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by County Judge Tano E. Tijerina to approve the purchase of half of the amount of scanners requested by each department and an additional three (3) for Ms. Barrera
  Vote: 5 - 0 Motion Carried
 
 
(Recess 10:52 - 11:03 a.m.)
 
Presentations
 
46.      Presentation by Carolina Zaragoza Flores, Mexican Consul General in Laredo Texas regarding "Estamos Contigo" campaign with discussion and possible action; and any other matters incident thereto. [Requested by Tano E. Tijerina, Webb County Judge]   
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to allow Ms. Carolina Zaragoza Flores, Mexican Consul General the use of all community centers
  Vote: 5 - 0 Motion Carried
 
47.      Presentation by the Texas A&M University Colonias Program regarding the Healthy Cooking Classes that are being offered in partnership with Driscoll Health Plan. These classes are scheduled to take place in various community centers around Webb County. The Healthy Cooking Classes are designed to teach colonia residents how to cook a healthy meal for their family to enjoy. [Requested by Laura Govea, ADA/Emergency Management Coordinator]   
 
48.      Presentation by Richard Hachar and representatives from Laredo Four Winds II and 4V Holdings Ltd. regarding the Cuatro Vientos East Wright Ranch Subdivision project with discussion and possible action to authorize Webb County acting by and through the Webb County Attorney’s Office to commence and enter into formal contractual negotiations only, with said company, for the terms, conditions, criteria and/or other necessary requirements as needed for entering into a possible ad-valorem tax abatement or economic development agreement with said company; and any other matters incident thereto. [Sponsored by Frank J. Sciaraffa, Commissioner Pct. 1 & Rosaura “Wawi” Tijerina, Commissioner Pct. 2]   
 
  Motion by Commissioner, Pct. 1 Frank Sciaraffa, seconded by County Judge Tano E. Tijerina to start negotiations with the County Attorney
  Vote: 5 - 0 Motion Carried
 
49.      Recognition of the 2016 United High School Marching Band & staff for their outstanding achievements in competing and advancing to the State Marching Competition that took place at the San Antonio Alamodome on November 8, 2016. [Requested by Commissioner John C. Galo, Precinct 3]   
 
50.      Recognition of our local and international media for their continued support and journalistic coverage for all of our area Veterans.  Media organizations to be recognized include the Laredo Morning Times, Pro 8 News & Telemundo-Gray television, KLDO 27 & Fox 39 Entravision, El Mañana, Televisa MX. [Requested by Jaime Canales, Commissioner Pct. 4]   
 
  Motion by Commissioner, Pct. 1 Frank Sciaraffa, seconded by Commissioner, Pct. 3 John C. Galo to bring back item #28
  Vote: 5 - 0 Motion Carried
 
Purchasing
 
28.   Discussion and possible action to award RFP 2016-007 "La Presa Community Park - Youth Baseball Field Project" to Altius Group Corporation in an amount not to exceed $130,500.00 and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Bond Series Account #635-6115-8601]

Issue: Only one contractor submitted a sealed proposal for RFP 2016-007 "La Presa Community Park - Youth Baseball Field Project" Base bid total is $135,476.67. Total alternates equal? $257,831.58.

Solution: Award RFP 2016-007 to Altius Group in an amount not to exceed the project budget of $130,500.00. County staff will negotiate with contractor on lowering the base bid and/or choosing other alternates on RFP to remain within Budget.


Result: Proceed with Master plan components for La Presa Community Park. 
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina to transfer out $5,000 out of the interest income Fund 339 and increase the budget for Fund 638 for Capital Outlay for $5,000, 38-6115-8601 by $5,000, transfer out 639-9501-9301 for $5,000
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 2 Rosaura “Wawi” Tijerina (OUT OF THE COURTROOM)
 
31.      Discussion and possible action to authorize the purchase of One (1) Odyssey SQL Server from Dell (DIR-SDD-1951) in the amount of $11,308.22 and eight (8) SQL Server licensing from SHI Government Solutions (DIR-SDD-2503) in the amount of $18,546.20 in accordance with the Texas Local Government Code; Section 271 (Cooperative Purchasing Program), and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Requested by Rafael Pena, IT Director; Account(s) #757-8106-8404 and #757-8106-8405 (Bond Series 2016)]

Issue: The equipment for the new judicial system has not been completely acquired.  This server and licenses will provide redundancy and high availability to this system

Solution: Purchase the server and licenses.

Result: Webb County Judicial System will be better protected against down time due to hardware malfunction or system updates.
  
 
32.      Discussion and possible action to authorize the purchase of Two (2) Odyssey Portal Servers for $14,851.98, One (1) Portal Server SAN for $19,641.37 from Dell (DIR-SDD-1951) and Twenty-Four (24) VMWare licensing from Shi Government Solutions (DIR-SDD-2503) in the amount of $26,652.00 in accordance with the Texas Local Government Code; Section 271 (Cooperative Purchasing Program), and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Requested by Rafael Pena, IT Director; Account(s) #757-8106-8404 and #757-8106-8405 (Bond Series 2016)]

Issue: The equipment for the new judicial system has not been completely acquired.  This server and licenses will allow judicial departments to provide services to the community thru internet portals.

Solution: Purchase the server and licenses.

Result: Webb County Judicial System will have servers for internet portals.
  
 
33.      Discussion and possible action to approve RFP 2016-03 "Webb County Youth Village Rehabilitation Center" Award to AOC Calton, Ltd., DBA Summit Building & Design and authorize negotiations with contractor to finalize total base bid price and alternates. [Requested by Joe Lopez III, Purchasing Agent; Bond Series Account: 738-1301-8801-14 (Capital Outlay Construction)].

Issue: Four (4) sealed proposals were submitted for RFP 2016-03.  Project includes but is not limited to a new 2 story masonry and steel building of approximately 15,457 square feet containing 16 beds, education spaces, TV room, lobby and control deck on second floor to include site improvements.

Solution: Award RFP 2016-03 to AOC Calton, Ltd., DBA Summit Building & Design and proceed with negotiations with contractor in order to not exceed bond proceed allocation for this project.

Result: Proceed with Youth Village Rehabilitation Center Project to better serve Webb County constituents and the youth requiring detention, rehabilitation and education to become more productive citizens of our community.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina to approve items #31, #32, and #33
  Vote: 5 - 0 Motion Carried
 
Road & Bridge
 
34.      Discussion and possible action to approve the transfer of employee and Slot #2115, titled Accounting Technician from Dept. 010-7002 (Road & Bridge) to Dept. 001-700 (Tax Office), subject to any and all civil service guidelines, effective December 12, 2016, and any other matters incident thereto.   
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Frank Sciaraffa
  Vote: 5 - 0 Motion Carried
 
  Motion by Commissioner, Pct. 4 Jaime Alberto Canales, seconded by Commissioner, Pct. 3 John C. Galo to bring up item #43
  Vote: 5 - 0 Motion Carried
 
Honorable Jaime A. Canales, Webb County Commissioner Pct. 4
 
43.      Discussion and possible action to allocate a parking space at the Webb County Commissioners Courthouse to be dedicated for use by any military veteran; and any other matters incident thereto.   
 
  No action taken.
 
Honorable Patricia A. Barrera, Tax-Assessor- Collector
 
35.      Discussion and possible action to approve the transfer of payroll funds between the following vacant Slots in an effort to re-hire a county employee who was terminated due to budget cuts; with further action to approve the filling of the slot at the previously held salary of $33,145 (Grade 10-Step M); effective December 12, 2016; and any other matters incident thereto.
 
  Slot # Title Current Salary
From: 0144 Bookkeeping Technician $33,145 - 10/M
To: 0140 Deputy Tax Collector $100

Issue: A recent vacancy (Slot 0144) has provided the opportunity to rehire a former employee that was terminated due to budget cuts. The rehiring would involve the transfer of funds of recently vacated slot into Slot 0140, which was of former employee. The former employee's last work day was September 30, 2016 and would be potentially returning on December 12, 2016 - staying within the 90 days of termination. The employee’s salary at the point of termination was the hourly rate of $15.93, Salary of $33,145 (Grade 10- Step M) and was employed for a total of 4 years and 2 months.

Solution: Acquire court approval to re-hire former employee to return to the previous slot, which will now be funded from available payroll funds from another recent vacant slot.

Result: The former employee will return at the same pay and grade as before the termination.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina
  Vote: 5 - 0 Motion Carried
 
Commissioners Court Administrator
 
36.      Discussion and possible action to cancel the Commissioner’s Court meeting scheduled for December 27, 2016 at 9:00 a.m. due to scheduling conflicts and holiday; and any other matters incident thereto.   
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina
  Vote: 5 - 0 Motion Carried
 
37.      Discussion and possible action to ratify all current legal services rendered to Webb County by the law firm of Allison, Bass & Magee, LLP and to authorize payment for services in an amount not to exceed $5,700.00 (Five Thousand Seven Hundred Dollars), with additional action to authorize the release of check to said firm immediately upon approval; and any other matters incident thereto. [Account #001-0109-6022 (Professional Services)]
 
Issue: Currently, there is an outstanding balance to this law firm that extends to over a year of services rendered, despite the fact that payment and contract has been approved by Commissioners Court. Requests for
payment have been submitted to the Auditors Department but they require a court ratification of services.
 
Solution: Ratify all legal services rendered by the law firm to date and authorize payment as per the retainer agreements on file.
 
Result: Ensure all payments for services already rendered are taken care of.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina
  Vote: 5 - 0 Motion Carried
 
38.      Discussion and possible action to amend the tax abatement agreement entered into on July 22, 2013, between Webb County and Javelina Wind Energy, LLC, and any other matters incident thereto.   
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct. 1 Frank Sciaraffa
  Vote: 5 - 0 Motion Carried
 
39.      Discussion and possible action to authorize the Treasurer to approve bills and payroll that will become due after the meeting of December 12, 2016, with further action to ratify all payments on the following Commissioners Court meeting, January 8, 2017; and any other matters incident thereto. This authorization will ensure that all scheduled payments will be processed if the Commissioners Court meeting on December 27, 2016 is cancelled.   
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina
  Vote: 5 - 0 Motion Carried
 
Honorable Frank J. Sciaraffa, Webb County Commissioner Pct. 1
 
40.      Discussion and possible action to approve the appointment of Vicenta Johnson as permanent Director for the Ernesto J. Salinas Community Center (Slot #0914) at the budgeted annual salary of $40,359.00; and any other matters incident thereto. Mrs. Johnson has served as interim director of the E. J. Salinas Community Center since July 2015.   
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct. 1 Frank Sciaraffa
  Vote: 5 - 0 Motion Carried
 
Honorable Rosaura “Wawi” Tijerina, Webb County Commissioner Pct. 2
 
41.      Discussion and possible action to authorize the payment in the amount of $6,250.00 (Six Thousand Two Hundred Fifty Dollars) to Guerra Communications for the Webb County Employee Christmas Dance scheduled for Friday, December 16, 2016, with further action to release check upon court approval; and any other matters incident thereto. (Acct: 001-2107  Vending Machine Commissions- in the amount of $2,647.00  &  Acct. 001-2100-30 FlexPay Account- in the amount of $3,603.00)   
 
  Motion by Commissioner, Pct. 1 Frank Sciaraffa, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina
  Vote: 5 - 0 Motion Carried
 
Honorable John C. Galo, Webb County Commissioner Pct. 3
 
42.      Discussion and possible action to require the physical presence of the county auditor at all commissioners court meetings to present and answer any and all questions related to the auditor’s tabulated report of the county’s receipts and disbursements of funds and the accounts of the county, as required by §114.023, §114.024 and §114.025 of the Texas Local Govt. Code; with further action to authorize that a formal subpoena with duces tecum, if necessary, be issued by the commissioners court to compel his presence at all future meetings; and any other matters incident thereto.

Issue: For more than a year, the Auditor has been absent from all commissioners court meetings.  A deputy assistant auditor has appeared to provide the court with financial information and reports.  The assistant auditor, however, is unable to answer all questions or make final determinations as requested by the commissioners court.  This results in unreasonable and unnecessary delays in the conducting of county business.  The auditors intentional absence from court meetings have caused many agenda items to be tabled and rescheduled.  Questions regarding financial reports cannot be verified by the absent auditor which causes misinformation to be circulated and confuses court members, department heads and elected officials.

Solution: The law requires the auditor to be present to report all financial conditions of the county at each and every meeting.  Obtain court approval for the requirement of the county auditor’s presence for all future commissioners court meetings.

Result: All information is provided at the time needed with the presence of the auditor. Avoid delays and misinformation in the conducting of county business.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina
  Vote: 5 - 0 Motion Carried
 
Honorable Tano E. Tijerina, Webb County Judge
 
44.      Discussion and possible action to adopt a Resolution to Re-appoint Two commissioners court representatives to the South Texas Development Council for the period covering October 1, 2016 through September 30, 2017; and any other matters incident thereto.   
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to appoint Cmr. Elect Jesse Gonzalez and Cmr. Canales
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 4 Jaime Alberto Canales (OUT OF THE COURTROOM)
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by County Judge Tano E. Tijerina to go to Executive Session on item #45
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 4 Jaime Alberto Canales (OUT OF THE COURTROOM)
 
 
(Executive Session 12:32 - 12:34 p.m.)
 
 
  No action taken.
 
Closed Session/Executive Session
 
45.      Discussion and possible action to approve retaining the legal services of Allison, Bass & Magee, LLP as counsel in the defense of the case entitled Cynthia Mares vs. Webb County, Texas; in Cause No. 2016CVQ002952D2, pending in the 111th District Court, Webb County, Texas; and authorizing the County Judge to execute all relevant documents; and any other matters incident thereto. [Executive Session is requested pursuant to Texas Government Code, Title 5, Subchapter D, Section 551.071(1)(A)(Consultation with Attorney regarding contemplated litigation)] [Requested by Leroy Medford, Commissioners Court Administrator]

Issue: Due to a conflict of interest, the county attorney’s office is unable to assist in the legal representation in the aforementioned lawsuit. The time-frame for a response is within 20 days of the filed suit. With this in mind, legal representation is needed as quickly as possible. The firm of Allison, Bass & Magee has been retained by the county on other issues and deemed necessary to retain them for this new legal matter.

Solution: Authorize the use of said law firm to acquire the immediate legal representation needed.

Result: County will have legal representation.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to approve item #45 and any and all claims arising out of this claim
  Vote: 5 - 0 Motion Carried
 
51.   Communications
 
  Communications were led by Commissioner Jaime Alberto Canales, Commissioner John C. Galo, Commissioner Rosaura "Wawi" Tijerina, Judge Tano E. Tijerina, and Commissioner Frank Sciaraffa.
 
52.   Adjourn
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to adjourn
  Vote: 5 - 0 Motion Carried