Official Minutes for Webb County
Commissioners Court Meeting

Monday, June 8, 2020 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 June 2020.  Present also were Mrs. Rosa Herrera, 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.   Discussion and possible action for Approval of Bills, Payroll, and Monthly Reports (Auditor, Treasurer, Business Office, Human Resources, Risk Management, Tax Assessor-Collector); and any other matters incident thereto.
 
  County Treasurer, Mr. Raul Reyes gave a presentation of Bills & Disbursements that included the Recap of Checks, Ratification of Checks, Side Bills, Liability Disbursements of County Payroll for the pay period of 5/08/2020-5/21/2020 and the Actual/Estimated Cash Requirements for Casa Blanca Golf Course.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct 4 Cindy Liendo to accept the report
  Vote: 5 - 0 Motion Carried
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Jesse Gonzalez to accept the estimated payroll not to exceed $30,000.00
  Vote: 5 - 0 Motion Carried
 
  Business Office, Ms. Rebecca Garcia presented the Account Payable Status Report for May 2020.
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by County Judge Tano E. Tijerina to accept the report
  Vote: 5 - 0 Motion Carried
 
  HR Director, Mr. Ernesto Guajardo presented the Wage and Pay Scale Budget Amendments Report for 05/22/2020 to 06/04/2020.
 
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to accept
  Vote: 5 - 0 Motion Carried
 
  Risk Management Director, Dr. Pedro Alfaro provided an update regarding a meeting set for June 12th with a consultant and insurance review board, experimenting for new hire orientations, and RFP for property causality. He also informed the court that Amy Lee Pena was selected for the position that was vacant.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to accept
  Vote: 5 - 0 Motion Carried
 
  Tax-Assessor Collector, Ms. Rosie Cuellar provided an update to the court regarding the re-opening of her office. She also presented a Year-to-date Collections Report as of May 31, 2020.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to accept the report
  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.
 
  No one signed up for Public Comment.
 
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 a budget amendment by increasing revenues and expenditures in the amount of $10,000.00 for interest revenues received for the Healthcare Funding District Commission/Local Provider Participation Fund (LPPF) in accordance with Texas Local Government Code, Section 111.0108 (Special Budget for Revenue Received after Start of Fiscal Year). [Requested by Nancy Cadena; Fund #2001 (Local Provider Participation-HCD)]
 
Interest Revenue 2001-5040-361100 $10,000
Medical Services Optional Services 2001-5040-432063-030 $10,000

Issue: LPPF account began earning interest after change in depository bank to Falcon Bank.  Chapter 288 of the Texas Health and Safety Code limits the use of these funds but does authorize its use to subsidize indigent programs.

Solution: Interest revenue and authorized expenditures will be used to offset costs of durable medical equipment (DME) and supplies for eligible Webb County Indigent Health Care Program participants.

Result: Finalize special budget using proceeds for the purpose stated on this agenda item.
  
 
b.      Discussion and possible action to ratify, by Order, the following budget amendment (line item transfer) within Forfeiture funds. [Requested by Adrian Cortez, Constable Pct. 3]
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 2190-3160-001-461000 Material & Supplies $5,576.00 $564.40 $3,157.54 $2,593.14
To: 2190-3160-001-441001 Telephone $0 $564.40 $0 $564.40

Issue: Department substation located in Mirando City has no access to internet or phone. Cost to have these services available is $564.40.

Solution: By approving line item transfer department will have funds available to pay for internet and phone services.

Result: Department substation will have internet and phone services.
  
 
c.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfer) within Grant Funds (Fund #2605); and any other matters incident thereto. [Requested by Martin Cuellar, Webb County Sheriff]
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 2605-3010-001-458090 Travel $9,870 $9,870 $9,870  -0-
To: 2605-3010-001-460105-015 Minor Tools & Apparatus Equip   $9,870   $9,870

Issue: Due to the coronavirus pandemic, trainings and conferences have either been postponed or canceled. 

Solution: Request a line item transfer to utilize these grant funds effectively and efficiently before the end of the grant performance period. 

Result: The grant funding will be utilized effectively and efficiently before the end of grant performance period.
  
 
d.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfers) within Grant funds.  [Requested by Harold DeVally, Constable Pct. 4]
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 2465-3170-001-413000 Overtime $87,551 $235.44 $336.54 $101.10
  2465-3170-001-422000 FICA County Share $6,698 $17.89 $25.90 $8.01
  2465-3170-001-425000 Unemployment Tax $613 $4.98 $5.95 $0.97
  2465-3170-001-426000 Worker Compensation $2,627 $6.80 $10.12 $3.32
        $265.11    
To: 2465-3170-001-423000 Retirement County Share $10,122 $265.11 ($252.29) $12.82

Issue: Funding is needed to cover increase on the Unemployment Tax and Retirement County Share rate.

Solution: Transfer of funds/approval of budget amendments.

Result: Pending expenses will be covered.
  
 
e.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfer) within Grant funds. [Requested by Community Action Agency]

 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 2371-5260-521-422000 Fica County Share $14,332.00 $700 $7,009.87 $6,309.87
To: 2371-5260-521-443000-075 Repairs & Maint. Vehicles $1,324.20 $700 $468.86 $1,162.86

Issue: Funds are needed in the Repairs & Maintenance Vehicles line item to cover necessary repairs for Unit 30-03, which is utilized daily for Meals on Wheels Program/Elderly Nutrition Program to allow home delivered meals and congregate meals to be delivered accordingly for the remainder of the fiscal year.

Solution: By Commissioners Court approval, account will have funds to cover necessary expense for repair of Unit 30-03.

Result: With funds available, the department will be able to continue with daily operations necessary to carry out home delivered meals and congregate meals program.
  
 
6.   Casa Blanca Golf Course
 
a.      Discussion and possible action to ratify, by Order, the following budget amendment (line item transfer) within Golf Course funds:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 7100-6130-001-454000 Advertising $10,000 $1,400 $8,715.00 $7,7315.00
To: 7100-6180-001-443000-035 Repairs & Maint. Equip. $14,000 $1,400 $763.62 $2,163.62

Issue: One of the pumps recently went down- Need to have pump maintenance performed and the remaining budget is insufficient to cover. Given timing of the irrigation project we expect the remaining advertising budget to be more than adequate.

Solution: Transfer as requested above.

Result: There will be sufficient funds in all budget line items to pay requested items.
  
 
b.      Discussion and possible action to ratify, by Order, the following budget amendment (line item transfer) within Golf Course funds:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 7100-6080-001-441000-0025 Trees & Landscaping Sod/Seeds $3,000 $97.13 $287.50 $190.37
To: 7100-6080-001-443000-135 Repairs & Maint. Clubhouse $6,000 $97.13 $(97.13) $0

Issue: An emergency purchase of plexiglass went over available funds. The transfer will bring the repairs and maintenance -Clubhouse account to 0 and accommodate that grp.

Solution: Transfer as requested above.

Result: There will be sufficient funds in all budget line items to pay requested items.
  
 
c.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfers) within Golf Course funds:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 7100-6080-001-441205-010 Utilities Electricity $27,500 $1,000 $14,112.00 $13,112.00
To: 7100-6080-001-441305-010 Utilities Water $-0- $1,000 $-0- $1,000.00
             
From: 7100-6110-001-461005-035 Merchandise COS Equip. $16,549 $500 $2,634.42 $2,134.42
To: 7100-6110-001-461005-040 Merchandise COS Accs. $6,900 $500 $1,306.58 $1,806.58

Issue: Two line transfers, one to allocate to the water utility budget that was overlooked and the second to change the mix in cost of sales for merchandise.

Solution: Transfer as requested above.

Result: There will be sufficient funds in all budget line items to pay requested items.
  
 
7.   Civil Legal Division
 
b.      Discussion and possible action to approve and enter into a Five (5) year lease renewal agreement between Webb County and the United States of America Department of Agriculture (U.S.D.A.), as Lessee, commencing August 1, 2020 through July 31, 2025 for a monthly rental rate of $1,000.00 per month ($12,000.00) annually, for a 2.00 acre tract of land situated in Webb County, Texas, Western portion of Webb County, Texas, being out of Porcion 23, Leonard Sanchez, Original Grantee, Abstract 1-1544, Webb County, Texas, located approximately 0.9 miles east of the Rio Grande River, and more fully described on the lease agreement and authorizing the County Judge to execute and all relevant documents, and any other matters incident thereto.   
 
c.      Discussion and possible action to ratify and enter into a Professional Services Agreement between Webb County and Todd Russell, Ph.D., for the provision of Driving While Intoxicated (D.W.I.) evaluation services for the County Court at Law II/DWI Treatment Program, for a term of four years commencing September 30, 2019, subject to annual budgetary appropriations, in the amount of Seven Hundred Fifty dollars ($750.00) per month, for an annual payment of nine thousand dollars ($9,000.00) for a total amount not to exceed thirty-six thousand dollars ($36,000.00) over the term of the contract; pursuant to Section 262.024 Discretionary Exemptions (A)(4) Professional Services; and any other matters incident thereto, and authorizing the Webb County Judge to sign and all relevant documents, and any other matters incident thereto. [Requested by Victor Vasquez, Director of the County Court at law II. DWI Treatment Program; Account #2356-2070-003-432001 (Professional Services)]

Issue: An evaluator is required to monitor, evaluate and measure the achievement of the program goals and gauge the effectiveness of the program.

Solution: The Program evaluator will monitor the performance and compliance of the project with model fidelity to keep court personnel and all program staff aware of the program standards and issues. This includes preparing and submitting monthly and annual performance reports as required by the Grant.

Result: The evaluator will ensure the program is in full compliance with grant requirements to meet goals and objectives for the success of the program.
  
 
d.      Discussion and possible action to approve a 48 month (effective October 1, 2019 to September 30, 2023) software agreement for the maintenance and software Drug Court Case Management Program (“DCCM”) for the DWI Treatment Program in the fixed annual amount of seven thousand dollars ($7,000.00), for a total amount not to exceed twenty-eight thousand dollars (28,000.00); pursuant to Section 262.024 Discretionary Exemptions 7(A) subject to annual budget appropriations and authorizing the Webb County Judge to sign all relevant documents and any other matters incident thereto. [Requested by Victor Villarreal, County Cout at Law II Judge; Account #2356-2070-003-432001 (Professional Services)]
 
Issue: Software provides services and document all case management and compliance of each participant in the program.

Solution: Effectively monitors treatment measures and evaluation reports necessary to adhere to grant requirements.

Result: By obtaining the services of the (DCCM) is key component of grant requirements.
  
 
8.   Community Action Agency
 
a.      Discussion and possible action to approve execution of a software license, management and service agreement, as per Court’s prior award of RFP 2020-007 "Client Tracking Management Software" between Webb County and Capluck, Inc./CAP60, (highest rated firm), for a four (4) year term, commencing June 9th, 2020, thru June 8th, 2024, at an annual rate of $8,600.00 for years (1-3) and $9,600.00 for year (4), plus additional required initial hardware and equipment fees as set forth in the agreement, in the total amount of $34,600.00 with discounts, over the 4 yr. term. The software will help to enable and assist the staff at the Webb County Community Action Agency (C.A.A.) department to collect, track, manage and/or store their clients data information as needed to meet state mandated eligibility and/or reporting requirements of the Texas Department of Housing and Community Affairs (T.D.H.C.A.), subject to annual budgetary appropriations, and authorizing the Webb County Judge to execute any and all relevant documents; and any other matters incident thereto. [CSBG Account #2368-5170-521-457008 Contractual, CEAP Account #2362-5360-521-457900 Program Services Expenditures]
 
Issue: The agreement with current client tracking system is set to expire. The agency is required to solicit proposals to continue tracking clients through a system software, and new contract term is needed for continued client tracking services.
 
Solution: The court authorized the Purchasing Agent to seek competitive proposals for a new contract term for this client tracking system software.
 
Result: Approve contract w/highest-ranking firm and best cost proposal to continue application intake through a client tracking system, offering an accurate and timely process for intake for C.A.A.
  
 
9.   Economic Development
 
a.      Discussion and possible action to authorize the acceptance of the Texas Department of Emergency Management (TDEM) 2020 Coronavirus Relief Fund State Public Assistance in an amount of $35,365.00, and authorizing the County Judge to execute all relevant documents; and any other matters incident thereto. This award does not require county match; thus does not impact the general fund. [Requested by James Flores, Economic Development Director]

Issue: Webb County declared a local disaster due to the Coronavirus (COVID-19) and with the rapid changes our community continues to endure, Webb County has increased activities to address this pandemic.

Solution: Through this grant award, Webb County will be reimbursed up to $35,365.00 worth of expenses incurred to prevent, protect, and respond to COVID-19 pandemic.

Result: Webb County will receive reimbursement of unforeseen expenditures utilized to prevent, protect, and respond to COVID-19 pandemic.
  
 
b.      Discussion and possible action to approve the 2020-2021 budget for the 406th District Adult Drug Court Program associated with Substance Abuse and Mental Health Services Administration (SAMHSA) Grant Award Number 1H79TI081059-03, Funding Opportunity Number TI-18-008, authorizing the County Judge to sign all relevant documents, and all other matters incident thereto. There is no impact to the County budget. The total grant award will be budgeted into fund account number 2353 with sub-accounts for Payroll, Health Insurance, FICA, Retirement, Unemployment, Workers Compensation, Professional Services, Contractual (PILLAR and La Familia), Administrative Travel, Materials & Supplies, and Other (MAT-Medically Assisted Therapy and Drug Testing, Virtual Services). Amounts are subject to change according to changes in Webb County rates. In the event of such changes, line item transfers will be requested and executed, and a new detailed budget will be submitted for the Commissioners’ Court review and approval.  The budget was approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) on May 7, 2020, as noted on page 3 of the Notice of Award. Please see attachments.  All required documents were sent for review through the Economic Development Department and the budget and award are compliant with the Webb County Single Point of Contact (SPOC) procedures. [Requested by 406th District Court]
 
Issue: The approval of the budget by the Commissioners Court is required in order to have the Auditor’s Office key in amounts under the corresponding fund account and sub-accounts.
 
Solution: The Commissioners Court approving the budget as submitted to, and approved by, SAMHSA.
 
Result: The 406th District Adult Drug Court Program will be able to continue to operate fully.
  
 
c.      Discussion and possible action to authorize the acceptance of the Webb County Road Condition Report as required by the Texas Transportation Code Section 251.018 and as a requirement to the 2020 County Transportation Infrastructure Fund (CTIF) Application, 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 application. [Requested by James Flores, Economic Development Director]

Issue: Webb County roadways located in areas affected by increased oil and gas production are in need of repair and improvement to ensure the safety of all drivers and the public.

Solution: The Texas Department of Transportation released application for the 2020 County Transportation Infrastructure Fund for the construction of, reconstruction of, or maintenance of transportation infrastructure including roads, bridges, and culverts, intended to alleviate degradation caused by exploration, development or production of oil and gas.

Result: If awarded, improvements to Webb County roads will ensure the sustainment of our energy industry and enhance the safety of all drivers and the public.
  
 
10.   Emergency Management
 
a.      Discussion and possible action to ratify, by Order, the following budget amendment (line item transfer) within the General fund:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 1001-1130-001-001-431007-010 Operational Reserve $994,700 $5,000 $758,987.11 $753,987.11
To: 1001-3120-001-461000 Materials & Supplies $20,000 $5,000 $5,272.19 $10,272.19

Issue: With a recently hired Emergency Management Coordinator, new supplies need to be procured.

Solution: Transferring money will allow these purchases to be completed.

Result: Funding for the procurement process will be completed.
  
 
11.   Honorable Roberto "Bobby" Quintana, Justice of the Peace Pct. 2 Pl. 1
 
a.      Discussion and possible action to ratify, by Order, the following budget amendment (line item transfers) within the General fund:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 1001-2160-001-458000 Admin. Travel $3,500 $1,500 $1,955.15 $455.15
  1001-2160-001-456205 Training & Education $3,500 $1,200 $2,285.00 $1,085.00
        $2,700    
To: 1001-2160-001-461000 Materials &Supplies $6,000 $1,200 250.00 $1450.00
  1001-2160-001-456005 Postage & Courier $2,000 $300 $403.65 $703.65
  1001-2160-001-443000-035 Repairs & Maintenance $950 $1,200 $0 $1,200.00
        $2,700    

Issue: Supplemental funds needed for the following: (1.) Materials and Supplies funds needed to cover mailings to reschedule and schedule over 700 defendants, to date. (2.) To cover postage expenses for notices to the end of FY 2020. (3.) To pay pending Xerox invoices in the amount of $272.90 and have enough to cover printing costs for the anticipated workload. 

Solution: Court authorization of supplemental funds transfer to cover pending Xerox invoices and supplies needed to send out a mailing of notices for the court appearance to defendants.

Result: Pending invoices will be paid in a timely manner, and we will have the necessary supplies for court mailings.
  
 
b.      Discussion and possible action to approve the payment of membership for a non-profit state association as required by Local Government Code Section §89.002 for the JP Pct. 2, PL 1 office in the amount of Sixty ($60.00) Dollars to the Justices of the Peace & Constables Association of Texas (JPCA) annual membership dues for Judge Roberto Quintana. [Account #1001-2160-001-456205 (Training & Education)]

Issue: Local Government Code Section §89.002 requires that the Commissioners Court may spend, in the name of the county, money from the county's general fund for membership fees and dues of a nonprofit state association of counties if:

(1)  a majority of the court votes to approve membership in the association;
(2)  the association exists for the betterment of county government and the benefit of all county officials;
(3)  the association is not affiliated with a labor organization;
(4)  neither the association nor an employee of the association directly or indirectly influences or attempts to influence the outcome of any legislation pending before the legislature, except that this subdivision does not prevent a person from providing information for a member of the legislature or appearing before a legislative committee at the request of the committee or the member of the legislature;  and
(5) neither the association nor an employee of the association directly or indirectly contributes any money, services, or other valuable thing to a political campaign or endorses a candidate or group of candidates for public office.

Solution: Obtain court approval as required by State Law to pay for membership dues.

Result: General Request for Payment for non-profit state association fee will be processed for payment.

 
  
 
12.   Planning & Physical Development
 
a.      Discussion and possible action to grant Preliminary and Final Plat Approval to Block 1, Lot 1 of the D & J Subdivision Plat (ID 10282) being a 02.75 acres tract out of a 30 acre tract of land out of Abstract 850, Maria De Los Angeles Grant, as described in Vol. 4674, Pg. 713. Planning staff recommends approval.   
 
13.   Purchasing
 
a.      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 either is salvage property that has no value for the purpose it was originally intended for and/or surplus property that is no longer needed by the department and could be transferred for use by another county department or auctioned online to the general public and/or donated as permitted by law. 

Solution: Attempt to sell the county surplus or salvage property by public auction, dispose or destroy property that cannot be sold through 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. 

Result: Process all surplus or salvage property in accordance with state law and Webb County Procurement Policy.
  
 
14.   Honorable Martin Cuellar, Sheriff
 
a.      Discussion and possible action to ratify, by Order, the following budget amendment (line item transfer) within the General fund:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 1001-1130-001-431007-010 Operational Reserve $994,700 $4,772.42 $793,743.53 $788,971.11
To: 1001-3010-001-443000-035 Repair Maint Equip. $25,000 $4,772.42 $1,203.54 $5,795.96

Issue: Due to bad weather the Radio Tower at La Presa is not working properly. 

Solution: Seeking approval to transfer money from the Operational Reserve account to fix repairs.

Result: Funds will be available to repair equipment. 
  
 
  Judge Tijerina stated that item #7.a. will be pulled out for discussion.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to approve Consent Agenda items other than item #7.a.
  Vote: 5 - 0 Motion Carried
 
7.   Civil Legal Division
 
a.      Discussion and possible action to authorize Webb County to execute an Order of Acceptance for the dedication of a total of Fourteen (14) Roadway Right-of-Way and/or Public Utility Easements out of the Ranchitos Los Nopalitos, & Los Fresnos Subdivisions, for the purpose of acquiring these necessary easements by Webb County to perform road maintenance and improvements in order to facilitate transportation needs for residents including emergency medical services and school bus pickups for students, and for use, extension and/or provision of proper drainage, and/or utility services; and authorizing the Webb County Judge to execute all relevant documents; and any other matters incident thereto. [Requested by Luis Perez Garcia, Webb County Engineer]   
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina to approve
  Vote: 5 - 0 Motion Carried
 
REGULAR AGENDA
 
Honorable Hugo Martinez, County Court at Law 1 Judge
 
15.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfers) within the General fund:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 1001-2060-001-432001  Professional Services  $2,550 $1,200 $2,550 $1,350
             
To: 1001-2060-001-46100  Materials & Supplies  $5,000 $600 $386 $986
  1001-2060-001-433011  Visiting Judge  $5,800 $600 $826 $1,426
        $1,200    

Issue: We have two pending invoices for visiting judge in the amount of $1,270.96 and possibly one pending. In addition, we need to replace a printer in the courtroom that recently broke down; along with ink cartridge and other necessary supplies that are needed for the court. 

Solution: Transfer money to be able to be able to pay invoices and make said purchases. 

Result: We will be able to pay pending invoices for visiting judges and will be able to purchase the much-needed equipment.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Jesse Gonzalez
  Vote: 5 - 0 Motion Carried
 
Auditor
 
16.      Discussion and possible action to disable users' access who have access to a local government computer system or database, including the financial system, and are not in compliance with the Cyber Security Awareness Training Certification (HB 3834) by June 14, 2020; and any other matters incident thereto.
 
Issue: Under a new state law, Texas Government Code §2054.5191, effective June 14, 2019, requires all local government employees and elected officials who have access to a local government computer system or database to annually complete a cybersecurity training program certified by the Texas Department of Information Resources (DIR). Training must be completed by June 14, 2020.

Solution: Ensure eligible employees and all County officials complete the cybersecurity training by June 14, 2020 and disable any user who fails to complete the Security Awareness Training Certification (HB 3834) by the due date. In addition, annually require current and new employees to complete the cybersecurity awareness training within a reasonable time to maintain or obtain access to any local government computer system or database, including the financial system.
 
Result: Compliance with State statute as determined by Commissioners Court.
 
Previous court action: February 10, 2020, agenda item #23.
  
 
  I.T. Director, Mr. Rafael Pena informed the court that three hundred seventy-five (375) employees have not completed the Cyber Security Awareness Training Certification (HB 38434).
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to have the new hire orientation take the certain requirements they need to complete the cyber security training
  Vote: 5 - 0 Motion Carried
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to allow employees to finish the training by Friday, June 12 at 5:00 p.m. and to limit the amount of access for employees who are not in compliance by Friday
  Vote: 5 - 0 Motion Carried
 
Casa Blanca Golf Course
 
17.      Discussion and possible action to approve a Change Order to the construction agreement with V.M. Golf Services, Inc., for the golf course irrigation project in an amount not to exceed Twelve Thousand Dollars ($12,000.00) for additional labor service to replace approximately 300 irrigation heads and any matters incident thereto and authorizing the County Judge to sign all relevant documents. [Account #1001-1130-001-431007-010 (Operational Reserve)]   
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct 4 Cindy Liendo
  Vote: 5 - 0 Motion Carried
 
Civil Legal Division
 
18.      Discussion with possible action to direct the Civil Legal Department to meet with representatives of AEP Texas, Inc. (“AEP”) and negotiate an agreement for the co-location of County Law Enforcement, First Responders and Safety communication equipment on AEP radio/telecommunications towers.

Issue: Tower space for Law Enforcement and Safety communications equipment is expensive and many commercial towers are not located in areas where there could be potential dead spots for communication equipment.

Solution: AEP has certain communication towers which are located in areas that could provide adequate coverage the County’s Law Enforcement and Safety communication system. Additionally, AEP has expressed an interest in helping the County eliminate the inefficiencies of the current system by offering use of some of its communication towers for co-location of County communication equipment.

Result: Better communication coverage for Webb County Law Enforcement, First Responders and Safety personnel.
  
 
  Motion by Commissioner, Pct 4 Cindy Liendo, seconded by Commissioner, Pct. 3 John C. Galo
  Vote: 5 - 0 Motion Carried
 
19.      Discussion and possible action to clarify and implement the use of the Families First Coronavirus Response Act (CARES Act) that became effective April 1, 2020, its relationship to the Family Medical Leave Act (FMLA) and Work from Home/Telecommuting policies and any matters incident thereto.   
 
  Cmr. Galo stated that test won't be accepted any sooner than four days after their return for employees who have traveled to a restricted area; if it turns out negative, employees will not be reimbursed.
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina
  Vote: 5 - 0 Motion Carried
 
Pre-Trial Services
 
20.      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 June 17, 2020:
 
Slot # Title Hourly Rate
 
2936 Judicial Clerk- (essential position) $14.42 - 11/A-E

Issue: The previous employee was hired on or about January 17, 2020.  She accepted a position with the U.S. Attorney. Her last day of employment with Webb County is June 16, 2020.

Solution: This position was granted to our office during the 2019-2020, budget year hearings.  It is a position that is an essential part of our departments daily operations. Filling it immediately, will not cause interruption to the judicial process and to our department.

Result: By filling this position, it will not cause interruption to our daily department operations. Further, it will not cause interruption to the judicial process.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina to allow him to transfer from within and leave the other slot open
  Vote: 5 - 0 Motion Carried
 
Purchasing
 
21.      Discussion and possible action to authorize the purchase of Thirteen (13) APX 8000 Portable Radios from Motorola Solutions in an amount not to exceed $75,891.98 (HGAC Contract #RA05-18) for the Webb County District Attorney’s Office in accordance with the Texas Local Government Code, Sub-Chapter F. Cooperative Purchasing Program; Section 271.102 (Cooperative Purchasing Program Participation) and any other matters incident thereto. [Requested by Isidro "Chilo" Alaniz, District Attorney; Funding $70,976 from Account #2609-2260-001-470000 & $4,915.98 from Account #2162-2260-001-470000 Capital Outlay; BJA Gulf States Law Enforcement – District Attorney’s Office]

Issue: Through a federal grant, funding is allocated for the purchase of portable radios to be utilized for multi-jurisdictional law enforcement operations.

Solution: Proceed with the purchase of portable radios.

Result: Supplemental communication tools will be acquired for the enhanced safety of sworn officers and the public.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to approve
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 3 John C. Galo (OUT OF THE COURTROOM)
 
22.      Discussion and possible action to approve a lease agreement between Webb County and Enterprise Fleet Management (TIPS #2072816) for a 48-month term at an annual cost of $42,805.68 for five (5) vehicles to be assigned to the Economic Development Department and Community Action Agency – Self Help Center and in accordance with the Texas Local Government Code; Subchapter F. Cooperative Purchasing Program; Sections 271.101 & 271.102 and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Account #1001-1130-001-469001-005 (Operating Lease Principle)]
 
Vehicle Type  Term Qty. Lease Mo. Pymt. PM Mo. Pymt. Total Mo. Cost Annual Cost
2020 Ford Expedition Max  48 1 954.95 39.43 994.38 11,932.56
2020 Ford Expedition XL 48 1 703.53 39.77 743.30 8,919.60
2020 Ford Transit-350 Van  48 1 715.03 43.05 758.08 9,096.96
2020 Ford Ranger XL  48 1 480.68 36.65 517.33 6,207.96
2020 Ford F150 XL  48 1 515.92 38.13 554.05 6,648.60

Issue: The Economic Development Department and Self Help Center is in need of five (5) leased vehicles.  On May 26, 2020, Commissioners Court authorized the Purchasing Agent to secure pricing for the requested units. 
  
Solution: Approve the 48 month lease term and authorize the Purchasing Agent to order as per motion approved by Commissioners Court.
 
Result: Upon arrival on new leased units, department(s) will turn over older county owned units to the Purchasing Agent for future sale of public property.  All units are over 10 years old.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct 4 Cindy Liendo to approve
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 3 John C. Galo (OUT OF THE COURTROOM)
 
23.      Discussion and possible action to award Request for Qualifications (RFQ) 2020-009 “Owners Representative for the Webb County Fairgrounds” to one of the qualifying firms interviewed during a Special Commissioners Court meeting held on June 4, 2020 and to further authorize the Civil / Legal Department to negotiate the terms and conditions of contract and any other matters incident thereto. [2020A Bond Series]
 
Issue: The Webb County Fairgrounds project is estimated to cost $45 million to include new construction and renovations to existing facilities. The Court is requesting an independent firm to oversee the process from beginning to end and provide frequent reports and recommendations as the project develops. The Owners representative will provide oversight and report on any recommendations, discrepancies and progress of design, construction and all other components of the construction such as compliance and project estimates being recommended by general contractor and design team to reach a guaranteed maximum price.
 
Solution: Commissioners Court interviewed the three (3) highest ranking firms on Thursday, June 4, 2020 during a special meeting streamed live for public viewing. This item is to finalize the selection of firm that will represent Webb County as an independent Owners Representative throughout the duration of the Webb County Fairgrounds Project.
 
Result: Finalize the selection of firm that will provide the best value to Webb County and instruct Civil Legal Department to negotiate the contract terms and conditions, fees and all other legal components necessary to secure Commissioners Court approval to execute a contract with successful firm selected.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct 4 Cindy Liendo to approve Gilpin Engineering
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 3 John C. Galo (OUT OF THE COURTROOM)
 
Risk Management
 
24.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfer) within the General fund:
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 1001-1130-001-131007-010 Operational Reserve   $75,000    
To: 1001-1180-001-452007 Claims Paid $200,000 $75,000 $55,000 $130,000

Issue: Claims Paid account is currently running low on funds, we need to transfer money into account to complete the current year.

Solution: By transferring funds we should be able to complete the fiscal year.

Result: With the transfer of funds, our department anticipates to manage incoming claims.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 3 John C. Galo (OUT OF THE COURTROOM)
 
Water Utilities
 
25.      Discussion and possible action to approve the withheld partial retainage payment in the amount of $23,917.25, being five percent (5%) retainage from invoice amount of ($478,345.00), payable to Southern Trenchless Solutions, LLC.,/Invoice No. 9322-2, attached hereto as Exhibit “A”, as per Court’s prior approval and award of Buy Board Contract (BBC) No. 555-18 PHASE I-Webb County Lift Stations Project, in accordance with the Texas Local Government Code (Cooperative Purchasing Program Participation) and authorizing the Webb County Judge to execute any and all relevant documents; and any other matters incident thereto. [Requested by Tomas Sanchez, Jr., Webb County Utilities Department Director; Funding Source Capital Improvement Program under the 2016 Bond, 7220-7270-001-474501]   
 
  Motion by Commissioner, Pct 4 Cindy Liendo, seconded by Commissioner, Pct. 1 Jesse Gonzalez to approve
  Vote: 5 - 0 Motion Carried
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to open up item #23
  Vote: 5 - 0 Motion Carried
 
Purchasing
 
23.   Discussion and possible action to award Request for Qualifications (RFQ) 2020-009 “Owners Representative for the Webb County Fairgrounds” to one of the qualifying firms interviewed during a Special Commissioners Court meeting held on June 4, 2020 and to further authorize the Civil / Legal Department to negotiate the terms and conditions of contract and any other matters incident thereto. [2020A Bond Series]
 
Issue: The Webb County Fairgrounds project is estimated to cost $45 million to include new construction and renovations to existing facilities. The Court is requesting an independent firm to oversee the process from beginning to end and provide frequent reports and recommendations as the project develops. The Owners representative will provide oversight and report on any recommendations, discrepancies and progress of design, construction and all other components of the construction such as compliance and project estimates being recommended by general contractor and design team to reach a guaranteed maximum price.
 
Solution: Commissioners Court interviewed the three (3) highest ranking firms on Thursday, June 4, 2020 during a special meeting streamed live for public viewing. This item is to finalize the selection of firm that will represent Webb County as an independent Owners Representative throughout the duration of the Webb County Fairgrounds Project.
 
Result: Finalize the selection of firm that will provide the best value to Webb County and instruct Civil Legal Department to negotiate the contract terms and conditions, fees and all other legal components necessary to secure Commissioners Court approval to execute a contract with successful firm selected.
 
  Judge stated that he would like to add for the record that Commissioner Galo voted for the firm that was previously mentioned.
 
Honorable Margie Ibarra, County Clerk
 
26.      Discussion and possible action to approve the posting and filling of the following essential Slot, subject to the availability of payroll funds and any applicable Civil Service guidelines, effective June 8, 2020.
 
Slot # Title Hourly Rate
 
0305 Senior Accountant $21.91 19/A-E

Issue: Employee submitted resignation, Thursday, May 7, 2020 before the freeze became into effect. Position was submitted and approved on Friday, May 8, 2020 and was posted May 12, 2020.

Solution: Fill essential position

Result: To fill the current vacant slot to continue with our daily operations. This position is essential to our office, due to financial duties involved.  Which include the following: Daily Deposits, Daily Cash Reports, E-filing Reconciliation, E-Recording, Registry of the Court (over two (2) million dollars and two (2) hundred accounts), Budget preparation, etc.
  
 
  HR Director, Mr. Ernesto Guajardo informed the court that the hourly rate should reflect $21.41 instead of $21.91.
 
  Motion by Commissioner, Pct 4 Cindy Liendo, seconded by County Judge Tano E. Tijerina to approve
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 1 Jesse Gonzalez (OUT OF THE COURTROOM)
 
Honorable Esther Degollado, District Clerk
 
27.      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 June 8, 2020:
 
Slot # Title Hourly Rate
 
290 Deputy District Clerk $14.42 - $15.16/11 A-E
2849 Deputy District Clerk $14.42 - $15.16/11 A-E
 
Issue: Two newly vacant positions became available May 29, 2020.

Solution: Fill job openings of vacant positions.

Result: The filing of these slots will alleviate overload and allow for efficiency and productivity of work within the department.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez
  Vote: 5 - 0 Motion Carried
 
Honorable Jesse Gonzalez, Webb County Commissioner Pct. 1
 
28.      Discussion and possible action to approve the temporary filling of the following slot (without benefits), subject to the availability of payroll funds and any applicable Civil Service guidelines, effective June 25, 2020 and terminates upon the return of the regular full time employee:
 
Slot # Title Hourly Rate
 
2805 Administrative Clerk $13.07 - 9/A 

Issue: Current employee will be out on FMLA within the next two weeks causing a critical disruption in the office's productivity and every day function.
 
Solution: A temporary employee is needed to fulfill the duties of the office until the permanent administrative clerk returns to work.
 
Result: If approved, a temporary employee will allow for the continuation of workflow of the administrative clerk’s duties; thereby, reducing the interruption in office operations.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez
  Vote: 5 - 0 Motion Carried
 
Honorable Tano E. Tijerina, Webb County Judge
 
29.      Discussion and possible action to approve the professional service agreement between Webb County and Battelle Critical Care Decontamination Systems (CCDS) for the decontamination of N95 respirators for reuse; and authorizing the County Judge to sign the relevant documents and any other matters incident thereto.   
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by County Judge Tano E. Tijerina to approve
  Vote: 5 - 0 Motion Carried
 
Presentations
 
30.      Presentation by Motorola Solutions on a Law Enforcement communication upgrade solution, to include, enhancing, upgrading, and modernizing the current communications system within the County with discussion and possible action regarding the proposal to the Commissioners Court and directing the Civil Legal Department to negotiate with Motorola Solutions if the proposal is accepted.

Issue: Webb County’s Law Enforcement communication system is in need of upgrading, enhancement and modernization because the system is no longer efficient and the radio coverage is less than optimal for Law Enforcement, First Responders and Safety personnel.

Solution: Motorola is a sole source provider of communication equipment and solutions, compatible with the County system, which can eliminate the current inefficiencies of the system.

Result: An agreement with Motorola may resolve the inefficiencies of the system providing a robust, modern and efficient communications system for County Law Enforcement and Safety Personnel.
  
 
 
(Recess: 11:10 a.m - 11:16 a.m.)
 
  Motorola Solutions Inc. Sales Manager, Mr. Rick Russek was in attendance to make a presentation regarding Mission Critical Communications Upgrade.
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by County Judge Tano E. Tijerina to authorize Mr. Lalo Uribe or budget officers to look into this; perhaps to meet with Noe Hinojosa and the legal department
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 3 John C. Galo (OUT OF THE COURTROOM)
 
  Purchasing Agent, Mr. Joe Lopez informed the court that Motorola Solutions have a contract with the Houston and Galveston area counsel and would like to include the contract for the record: Contract #RA05-18; which meet the requirements for the state.
 
31.   Communications
 
  Communications were made by Cmr. Tijerina, Cmr. Gonzalez and Judge Tijerina.
 
  Commissioners Court Administrator, Mr. Leroy Medford informed the court that he sent an email on Friday regarding a proposal for a new evaluation tool for department heads.
 
32.   Adjourn
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to adjourn
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 3 John C. Galo (OUT OF THE COURTROOM)