Official Minutes for Webb County
Commissioners Court Meeting

Monday, November 27, 2023 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
Ricardo A. Jaime Commissioner, Pct. 4

Thus constituting a quorum, the Commissioners Court proceeded to act upon the Agenda as posted in the meeting notice of the 21st day of November 2023. Present also were Ms. Amber Lecea, Recording Secretary representing Mrs. Margie Ramirez Ibarra, Ex-officio Clerk of the Commissioners Court, various officers and others interested in the business of the Court.
 
               
CALL TO ORDER BY THE HONORABLE TANO E. TIJERINA, WEBB COUNTY JUDGE
 
1.   Roll Call by Honorable Margie Ramirez-Ibarra, Webb County Clerk
 
  Roll Call by Mrs. Leslie Speer on behalf of the Honorable Margie Ramirez-Ibarra, Webb County Clerk.
 
2.   Pledge of Allegiance/Invocation
 
  Led by Commissioner, Pct. 1 Jesse Gonzalez.
 
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 Department reports); and any other matters incident thereto.
 
  County Treasurer, Raul Reyes presented the Bills and Disbursements for the period of 11/09/2023 - 11/20/2023 that included the Recap of Checks, EFT's and the Payments Released by General Order.
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to approve
  Vote: 5 - 0 Motion Carried
 
  County Treasurer, Raul Reyes presented the Payment Ratifications.
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Jesse Gonzalez to ratify payments 
  Vote: 5 - 0 Motion Carried
 
  County Treasurer, Raul Reyes presented the Liability Disbursements of County payroll for the period of 11/03/2023 - 11/16/2023 as well as the Casa Blanca Golf Course payroll for 11/17/2023, and the estimated payroll for the upcoming pay period of 12/01/2023.
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to approve the Casa Blanca estimated payroll not to exceed $40,000
  Vote: 5 - 0 Motion Carried
 
  County Treasurer, Raul Reyes, presented the Treasurer's Monthly Report for the month of October 2023.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to accept report 
  Vote: 5 - 0 Motion Carried
 
  County Auditor, Rafael Perez, presented the Monthly Report for the month of October 2023.
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to accept report
  Vote: 5 - 0 Motion Carried
 
  Human Resources Director, Monica Flores, presented the Wage and Pay Scale Budget Amendments Report.
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct 4. Ricardo A. Jaime to approve by order the Wage and Pay Scale Amendments.
  Vote: 5 - 0 Motion Carried
 
  Chief Deputy Tax Assessor Collector, Maria Elena Morales, presented the Monthly Report for the month of October 2023.
 
  Motion by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina, seconded by Commissioner, Pct 4. Ricardo A. Jaime to accept 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, by Order, the following budget amendment (line item transfers) within grant funds. [Requested by CAA]
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 2021-6360-521-421000 Insurance  $21,190 $2,000 $3,024.08 $1,024.08
  2021-6360-521-425000 Unemployment $1,000 $400 $585.57 $185.57
  2021-6360-521-441001 Telephone $12,500 $4,200 $6,140.11 $1,940.00
  2021-6360-521-441205 Utilities $16,500 $4,200 $6,361.50 $2,161.50
             
To: 2021-6360-521-410000 Payroll $87,310 $9,000 $(8,782.33) $217.67
  2021-6360-521-422000 Fica $7,000 $100 $(49.89) $50.11
  2021-6360-521-423000 Retirement $11,000 $1,700 $(1,223.49) $476.51

Issue: Funds within the current grant budget need to be transferred and distributed throughout various payroll accounts to cover payroll costs for the Community Action Agency, Deputy Director's salary cost allocation.  

Solution: Approve the requested budget amendment.

Result: Payroll accounts will be adequately funded to cover the CAA Deputy Director's salary cost allocation.
  
 
b.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfers) within grant funds to cover budget balances under the program year 2023-Comprehensive Energy Assistance Program (CEAP). There will be no impact to the County General Fund. [Requested by Guillermo Walls, C.A.A. Director]
 
  Acct. Number Acct. Name Request Current End Bal.
From: 2362-5360-521-410000 Payroll Cost $54674.16 $66306.60 $11632.44
  2362-5360-521-421000 Health Life Insurance $10733.99 $12478.88 $1744.89
  2362-5360-521-422000 FICA County Share $4650.09 $5562.49 $912.40
  2362-5360-521-423000 Retirement County Share $4994.66 $6221.40 $1226.74
  2362-5360-521-425000 Unemployment Tax $850.91 $930.77 $79.86
  2362-5360-521-426000 Worker Compensation $140.45 $186.42 $45.97
  2362-5360-521-457900 Program Services Expenditures $75500.00 $77983.30 $2483.30
      $151,544.26    
To: 2362-5360-521-463802 Household Crisis $58000.00 $3144.49 $61144.49
  2362-5360-521-463804 Utility Assistance $93544.26 $197162.72 $290706.98
      $151,544.26    

Issue: Funds available in account will not cover costs needed to continue the operation of service through the end of the budget year.

Solution: Approve the line item transfer.

Result: There will be sufficient funds in the mentioned line items which will allow for continuation of services.
  
 
c.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfer) within Grant Funds. [Requested by Community Action Agency-Meals On Wheels]
 
  Acct. Number Acct. Name Adopted Request Current End Bal.
From: 2371-5260-461000 Materials & Supplies $46,527.17 $3,852.83 $11,390.24 $7,537.41
             
To: 2371-5260-521-410000 Payroll Cost $185,270.43 $3,386.22 $188,656.43 $192,042.86
  2371-5260-521-422000  FICA $12,700.00 $466.61 $14,166.61 $14,633.22
        $3,852.83    

Issue: Now that the last allocations for payroll in FY23 were made for the Meals On Wheels Program, we can see the final balances for the payroll and FICA County Share went over budget.

Solution: By Commissioners Court ratification of the approval, we will be able to cover the cost of the payroll and FICA going over budget.

Result: With funds available, the department will be able to cover the cost for the payroll and FICA going over budget.
  
 
d.      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: 2371-5260-461000 Materials & Supplies $15,000.00 $4,530.83 $4,801.58 $271.08
To: 2025-5320-521-421000 Health Insurance  $11,000.00 $4,530.83 -$3,168.73 $0.00

Issue: Now that the last allocations for payroll in FY23 were made for Elderly Nutrition, we can see the final balances for the payroll went over budget.

Solution: By Commissioners Court ratification of the approval, we will be able to cover cost.

Result: With funds available, the department will be able to cover the cost of the Health Insurance.
  
 
e.      Discussion and possible action to ratify, by Order, the following budget amendment (line item transfer) within grant funds to cover the balances under the program year 2023-Comprehensive Energy Assistance Program (CEAP). [Requested by Guillermo Walls, C.A.A. Director]
 
  Acct. Number Acct. Name Request Current End Bal.
From: 2362-5360-521-457900 Program Services Expenditures $10,000.00 $87983.30 $77983.30
To: 2362-5360-521-463802 Household Crisis $10,000.00 $(6855.51) $3144.49

Issue: Funds needed to cover costs associated with continuation of services.

Solution: Ministerial requested to continue providing services.

Result: Funds available to continue providing program services.
  
 
f.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfers) within Grant funds. [Requested by Guillermo Walls, CAA Director]
 
  Acct. Number Acct. Name Request Current End Bal.
From: 2368-5170-521-463801 Emergency Services $4,500.00 $4500 $0
  2368-5170-521-464010 Dues & Memberships $2,080.12 $3,465.50 $1,385.38
      $6,580.12    
To: 2368-5170-521-457008-010 Contractual Skills Training $4,500.00 $46,852.40 $51,352.40
  2368-5170-521-444100 Space Rental $2,080.12 $849.88 $2,930
      $6,580.12    

Issue: Additional funds are needed in order to cover expenses in accounts.

Solution: Approve line-item transfer.

Results: Expenses for the remainder of the fiscal year will be covered.
  
 
           
6.   Civil Legal Division
 
a.      Discussion and possible action to approve a Software Maintenance Technical Support Agreement for the Jury2020Plus Integrated Jury Administration System between Judicial Systems Inc. and Webb County. The effective date will be January 1, 2024 and will terminate December 31, 2024. The total cost of the annual maintenance shall be Ten Thousand Six Hundred Eighty-Two Dollars ($10,682.00) and authorizing the Webb County Judge to sign and execute all relevant documents; and any other matters incident thereto. [Requested by Rafael Pena, IT Director; Account #1001-1280-001-443000-110 (Repairs and Maintenance Software)]   
 
b.      Discussion and possible action to authorize Webb County to execute an Order of Acceptance for the dedication of Four (4) Roadway Right-of-Way, Drainage, and/or Utility Easements out of Ranchitos Los Fresnos (1) & Los Nopalitos Subdivisions (3) as needed to acquire these 4 R.O.W. Easements by Webb County to perform road maintenance, drainage, utilities and/or related improvements to facilitate transportation needs for residents including emergency medical services and school bus pickups for students, and to authorize the Webb County Judge to execute all relevant documents; and any other matters incident thereto. [Requested by Carlos Flores, Engineer (No Financial Impact)]   
 
c.      Discussion and possible action to enter into a Twelve (12) month (December 1, 2023 thru November 30, 2024) Self-Service Storage Rental Lease Agreements withG Self- Storage (for the Webb County C.A.A. Dept.) for Unit Eight (8) at a monthly rent of Two Hundred Sixty Five Dollars ($265.00) each per month, annual rent in the sum of Two Thousand Nine Hundred Fifteen Dollars ($2,915.00), with one year paid in advance with (1) month free rent discount, and authorizing the County Judge to sign and execute all relevant documents, and any other matters incident thereto. [Requested by Guillermo Walls, Director, C.A.A. Director; Account #2368-5170-521-444100 CSBG Space Rental 59% & CEAP Program Service Expenditures 49%, Account #2362-5360-521-4579000]   
 
d.      Discussion and possible action to approve a twelve (12) month (September 30, 2023, through September 29, 2024) Lab Screen Agreement between Webb County for the Adult Drug Court Program and Cordant Forensic Solutions for participant drug test monitoring at costs that are outlined and defined per service as set forth in the agreement. There is no impact to the county budget, and authorizing the County Judge to sign and execute all relevant documents and any other matter incident thereto. [Requested by Commissioners Court for the Adult Drug Court Program; Account #2353-1020-003-459020 (SAMHSA T1085855-01)]   
 
e.      Discussion and possible action to amend the supplemental group life insurance ("Plan 2") so that a County Employee, Spouse, and Dependent may increase their Life Insurance by one or two increments yearly during the annual enrollment of benefits provided they are already covered under Plan 2 and the election to increase supplemental life insurance does not exceed the Guaranteed Issue Amount. This amendment will become effective January 1, 2024, through December 31, 2024; and authorize the Webb County Judge to sign all relevant documents and any other matters incident thereto.  [Requested by Risk Management; Account #6100-1090-001- 432057 (Cafeteria Administration)]   
 
7.   Honorable Rosaura “Wawi” Tijerina, Webb County Commissioner Pct. 2
 
a.      Discussion and possible action to accept a donation in the amount of $500.00 from Medina Electric Cooperative, Inc. for the Santa Teresita Community Center to benefit programs, activities sponsored by the center and be able to purchase toys for Christmas.  Funds to be deposited into Santa Teresita Community Center's Materials & Supplies, Account #1001-6300-001-461000. Funds to remain until completely exhausted.   
 
8.   Commissioners Court Administrator
 
a.      Discussion and possible action to ratify a third party funding agreement (FY 2024) with Volunteers Serving the Need in the amount of Ten Thousand Dollars ($10,000.00) and any matters incident thereto; authorizing the County Judge to sign all relevant documents. [Account #1001-1140-001-463614]   
 
9.   Honorable Guadalupe Gomez, Constable Pct. 1
 
a.      Discussion and possible action to approve an Agreement with the Department of Defense (DOD) to allow the Webb County Constable Pct. 1 Department to apply for and accept surplus property from the Law Enforcement Support Office (LESO) Program, deemed excess by the Secretary of Defense, from the Department of Defense (“DOD”) and authorizing the Webb County Judge to execute all relevant documents; and any other matters incident thereto. There is no impact to the General fund.

Issue: The Secretary of Defense is authorized by 10 USC §2576a to transfer to State Law Enforcement Agencies surplus personal property that is suitable for use by law enforcement agencies.

Solution: Approval to apply for the LESO Program to receive surplus property.

Result: Surplus property will be obtained at no cost to Webb County.
  
 
11.   Economic Development
 
a.      Discussion and possible action to authorize the Economic Development Department to develop and submit the 2024-2025 Fund for Veterans' Assistance (FVA) Veterans County Service Officer (VCSO) Funding Opportunity to the Texas Veterans Commission (TVC) in an amount not to exceed One Hundred Sixty Thousand Dollars ($160,000.00). These grant funds will extend current transportation services for grant budget period starting July 1, 2024 and ending June 30, 2025.  Which we offer to Webb County veterans and surviving spouses, and authorizing the Webb County Judge to execute all relevant documents on this application. This grant does not require in-kind or cash match commitment. The Webb County Veteran Service Office has provided all the necessary documentation to the Economic Development Department for review. The solicitation is in compliant with Webb County Single Point of Contact (SPOC) procedures. This action will have no impact on the General Fund. [Requested by David Garza, Veteran’s Office]
 
Issue: Local Webb County veterans and surviving spouse need extended transportation services to essential medical appointments to include basic needs such as to local pharmacies and local food pantry services for clients who do not have any transportation means within Webb County limits and outside of Webb County up to a 200-mile radius.

Solution: Approval of Letter of Intent will allow for the submittal application of the Texas Veterans Commission Grant for Veterans County Service Officer Funding Opportunity, which will enable funding for continued services.
 
Result: Upon approval of the Texas Veterans Commission Grant for Veterans County Service Officer Funding Opportunity will provide comprehensive services to Webb County veterans and surviving spouse. These services will allow transportation to medical appointments within the surrounding 200-mile radius.
  
 
12.   Engineering
 
a.      Discussion and possible action to authorize the Purchasing Agent to add one (1) new cellular telephone line, including data service in accordance with the current AT&T FirstNET Plan to the Webb County Engineering Department pursuant to Section 271.101 and 271.102, Texas Local Government Code, Cooperative Purchasing program DIR Agreement TELE-CTSA-002 at a monthly rate of $40.99, plus surcharges and other fees; and subject to annual budgetary appropriation; and have the County Judge sign all relevant documents; and any other matters incident thereto. [Account #2007-1190-001-441010 (Cell Phone Cost)]

Issue: Cellular is needed for new Director to ensure the daily communication with staff, county officials, and others as needed after hours and on weekends in order to respond to any emergency.

Solution: Approval will ensure that Director is in full communication.

Result: Director will be able to respond to any calls on a daily basis.
  
 
13.   Fire Suppression & EMS Services
 
a.      Discussion and possible action to accept a donation from Chevron, as per Local Government Code 81.032, in the amount of $2,500.00 to be utilized in the following line item: Uniforms, 1001-3140-001-456305, and authorizing the County Judge to sign all relevant documents; and any other matter incident thereto. [Account #1001-3140-001-456305]

Issue: Donation check issued by Chevron to support the mission of the Webb County Volunteer Fire Department.
 
Solution: Deposit money accordingly, $2,500.00 into Uniforms line item. 
 
Result: Continue working relationship with Chevron, and meet department needs.

  
 
b.      Discussion and possible action to accept a donation from Electric Transmission Texas, LLC (ETT) as per Local Government Code 81.032, in the amount of $4,000 to be utilized in the following line items: Training & Education, Administrative Travel, Dues & Memberships; and authorizing the County Judge to sign all relevant documents; and any other matters incident thereto. [Accounts #1001-3140-001-456205 (Training & Education); #1001-3140-001-458000 (Administrative Travel); #1001-3140-001-464010 (Dues & Memberships)]
 
Issue: Donation check issued by Electric Transmission Texas, LLC to support the mission of the Webb County Volunteer Fire Department.

Solution: Deposit money accordingly, $1,500.00 into Training & Education, $2,000.00 into Administrative Travel, and $500.00 into Dues & Memberships.

Result: Continue working relationship with ETT, and meet department needs.
  
 
14.   Head Start
Disclaimer: All Head Start monies are 100% Federal funds
 
a.      Discussion and possible action to approve the posting and filling of the following Slots:
 
Slot # Title Hourly Rate Pay Periods
3027 Substitute $11.60 20
1598, 1808,  AA Teacher Assistant $15.20 20
2041 AA ISD Teacher Assistant $15.28 21
1638 AA Teacher $19.55 20
  
 
15.   Planning & Physical Development
 
a.      Discussion and possible action to grant preliminary and final plat approval to a replat of Lots 4 & 8, Block 3 and Lots 3, 4, 5 & 6, Block 4, of Gateway Unit 1 Subdivision into Lots 4A & 8A, Block 3 and Lots 3A, 4A & 5A, Block 4, Gateway Unit 1 Subdivision in Abstract 831, Survey 361 as described in Vol. 5183, Pgs. 284-302 of the Webb County Deed Records.   
 
16.   Purchasing
 
a.      Discussion and possible action to authorize the Purchasing Agent to enter into an Interlocal Participation Agreement at no cost between Webb County and The Savvik Buying Group, a non-profit organization that provides National Cooperative Purchasing solutions to government entities for public safety, government and education in accordance with the Texas Local Government Code; §271.102 Cooperative Purchasing Program Participation and any other matters incident thereto.
 
Issue: The purpose of this agreement is to provide Webb County with a mechanism to achieve cost reductions through this national group-purchasing program. Savvik values quality supplies and equipment for the members, at the industry’s best prices, at no cost or obligation to Webb County. 
 
Solution: Consider approving the request by the Purchasing Agent to become members of this national cooperative purchasing program.
 
Result: If approved, Webb County will add another cooperative purchasing program solution as an option to purchase goods or services in accordance with the Texas Local Government Code provisions for cooperative purchasing contracts between local governments or local cooperative organizations of this state or another state.
  
 
b.      Discussion and possible action to accept the rankings and award Request for Qualifications (RFQ) 2024-002 "ARPA Project No. 8 – Market Value Appraisal Services for the Webb County Community Action Agency Meals on Wheels & Nutrition Program Facilities” to the highest ranking firm Scroggin Appraisal Services pursuant to the Texas Government Code; Professional Services Procurement Act and in accordance with the Code of Federal Regulations §200.318 - §200.327 (General Procurement Standards) and to further authorize General Counsel to negotiate the terms and conditions of the professional service agreement and any other matters incident thereto. [Account #2703-5205-001-432001-214 ARPA (Professional Services - Meals on Wheels)]





 
Supplier  Rank  Score Appraisal Services Experience  Personnel Qualifications  References & Projects 
    100 45.00 30.00 25.00
Scroggin Appraisal Services  1 86.67 39.00 26.00 21.67
BBG, Inc.  2 66.33 30.00 18.00 18.33

Issue: Properties being proposed for FMV appraisal are being recommended for the future site of Meals on Wheels and the Elderly Nutrition Department Facility. This is an ARPA supported project.  Commissioners Court previously had authorized the Purchasing Agent to advertise for request for qualifications on 09/25/2023.  
 
Solution: Accept the rankings presented by the Purchasing Agent and award to the highest ranking firm in accordance with published criteria for scoring solely based on qualifications. 
 
Result: If approved, authorize General Counsel to negotiate the terms and conditions of the professional services agreement to include any federal contract provisions required.
  
 
c.      Discussion and possible action to approve, by Order, the following budget amendment (line item transfer) within the General fund.
 
  Acct. Number Acct. Name Request Current End Bal.
From: 1001-1130-001-431007-010  Operational Reserve  $10,000 $10,000 $0.00
To: 1001-1310-001-470000 Capital Outlay $10,000 $0.00 $10,000

Issue: Funds are needed for the manufacturing of a covered carport for the secured area where County vehicles are stationed & scheduled for auction.
 
Solution: Consideration to authorize the requested line item transfer to cover the low bid secured for the requested carport/improvements. 
 
Result: The proposed carport will provide a shaded work area and protect employees from heat exposure during the hot months.  Total auction revenues collected for FYE 2023 were $314,752.32 and total auction revenues collected online since FY 2017 total $2,095,296.96.
  
 
d.      Discussion and possible action to authorize the sale of one (1) Sig Saur P320 (Asset #31742) to retired peace officer Ezequiel Mancha in the amount of $321.00 pursuant to the Texas Government Code; §614.051 (Purchase Of Firearm by Honorably Retired Peace Officer) and any other matters incident thereto.
 
Issue: Criminal Investigator retired.
 
Solution: Consideration to authorize the sale to a retired peace officer in accordance with Texas Gov. Code requirements.
 
Results: If approved, revenue from the sale will be recorded to the state forfeiture fund, and removed from Webb County’s controlled asset records.

 
  
 
e.      Discussion and possible action to accept the rankings and award RFQ 2024-001 "ARPA Project NO. 8 Architectural Services for the Community Action Agency Meals on Wheels & Nutrition Program Facility” pursuant to the Texas Government Code; Professional Services Procurement Act and in accordance with the Code of Federal Regulations §200.318 - §200.327 (General Procurement Standards) and to further authorize General Counsel to negotiate the terms and conditions of the professional service agreement and any other matters incident thereto. [Account #2703-5205-001-432001-214 (ARPA Funds)]
 
Issue: Currently, the building used for the Meals on Wheels Program does not allow for expansion of services, and we cannot meet the rise in demand for this service.  This new facility would allow for the program expansion and provide efficient services to better serve the elderly residents in Webb County.  Commissioners Court on 09/25/2023, authorized the advertisement for architectural services.
 
Solution: Accept the rankings presented by the Purchasing Agent and award to the highest ranking firm in accordance with published criteria for scoring solely based on qualifications.   Scores were not finalized by agenda submittal deadline.  Results will be entered into the record during a regular meeting scheduled for 12/11/2023.
 
Result: If approved, authorize General Counsel to negotiate the terms and conditions of the professional services agreement to include any federal contract provisions required.
  
 
17.   Road & Bridge
 
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 Nov. 27, 2023:
 
Slot # Title Hourly Rate
 
665 Truck Driver - CDL $19.40 - $21.16 17/A-H
669 Maintenance Worker $13.17 - $13.73 9/A-E
672 Maintenance Worker $13.17 - $13.73 9/A-E
2354 Maintenance Worker $13.17 - $13.73 9/A-E
685 Equipment Operator $14.42 - $15.16 11/A-E

Issue: The above mentioned positions became vacant after the employees holding the positions were promoted/terminated.

Solution: Fill vacant positions. 

Result: New employees will assist with the daily operations of the Road & Bridge Department. 
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to table Consent item #16e
  Vote: 5 - 0 Motion Carried
 
  Judge Tano E. Tijerina advised the court of corrections to item #17a is as follows, 
  • 669         Maintenance Worker     Grade 12 A-E   $15.15 - $15.93
  • 672         Maintenance Worker     Grade 12 A-E   $15.15 - $15.93
  • 685         Equipment Operator      Grade 13 A-E   $15.92 - $16.70
  • 2354       Maintenance Worker     Grade 12 A-E   $15.15 - $15.93
 
7.   Honorable Rosaura “Wawi” Tijerina, Webb County Commissioner Pct. 2
 
a.   Discussion and possible action to accept a donation in the amount of $500.00 from Medina Electric Cooperative, Inc. for the Santa Teresita Community Center to benefit programs, activities sponsored by the center and be able to purchase toys for Christmas.  Funds to be deposited into Santa Teresita Community Center's Materials & Supplies, Account #1001-6300-001-461000. Funds to remain until completely exhausted.
 
  Commissioner, Pct. 2 Rosaura “Wawi” Tijerina advised the court that the correction for item #7a is as follows,
  • account is to be changed to good for public events 
 
  Commissioner, Pct. 1 Jesse Gonzalez, advised the court that he wanted to pull out item #10a for discussion.
 
5.   Auditor
 
d.   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: 2371-5260-461000 Materials & Supplies $15,000.00 $4,530.83 $4,801.58 $271.08
To: 2025-5320-521-421000 Health Insurance  $11,000.00 $4,530.83 -$3,168.73 $0.00

Issue: Now that the last allocations for payroll in FY23 were made for Elderly Nutrition, we can see the final balances for the payroll went over budget.

Solution: By Commissioners Court ratification of the approval, we will be able to cover cost.

Result: With funds available, the department will be able to cover the cost of the Health Insurance.
 
  County Auditor, Rafael Perez stated that for item #5d he needs verification of funding.
 
e.   Discussion and possible action to ratify, by Order, the following budget amendment (line item transfer) within grant funds to cover the balances under the program year 2023-Comprehensive Energy Assistance Program (CEAP). [Requested by Guillermo Walls, C.A.A. Director]
 
  Acct. Number Acct. Name Request Current End Bal.
From: 2362-5360-521-457900 Program Services Expenditures $10,000.00 $87983.30 $77983.30
To: 2362-5360-521-463802 Household Crisis $10,000.00 $(6855.51) $3144.49

Issue: Funds needed to cover costs associated with continuation of services.

Solution: Ministerial requested to continue providing services.

Result: Funds available to continue providing program services.
 
  County Auditor, Rafael Perez stated that for item #5e, the same account is used for item #5b and he needs to make sure it will not be going over. 
 
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina to approve items #5d and #5e subject to verification and additional sources or accounts
  Vote: 5 - 0 Motion Carried
 
6.   Civil Legal Division
 
c.   Discussion and possible action to enter into a Twelve (12) month (December 1, 2023 thru November 30, 2024) Self-Service Storage Rental Lease Agreements withG Self- Storage (for the Webb County C.A.A. Dept.) for Unit Eight (8) at a monthly rent of Two Hundred Sixty Five Dollars ($265.00) each per month, annual rent in the sum of Two Thousand Nine Hundred Fifteen Dollars ($2,915.00), with one year paid in advance with (1) month free rent discount, and authorizing the County Judge to sign and execute all relevant documents, and any other matters incident thereto. [Requested by Guillermo Walls, Director, C.A.A. Director; Account #2368-5170-521-444100 CSBG Space Rental 59% & CEAP Program Service Expenditures 49%, Account #2362-5360-521-4579000]
 
  County Auditor, Rafael Perez stated that for item #6c the correct percentage is 41%.
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to approve Consent Agenda with the corrections that have been stated on the record
  Vote: 5 - 0 Motion Carried
 
10.   Honorable Marco Montemayor, County Attorney
 
a.      Discussion and possible action to exchange Slot #0239 from the County Attorney's Office with Slot #0250 from the Civil Legal Division, effective December 1, 2023; and any other matters incident thereto.

Issue: Slot #0239 in the County Attorney's Office will become vacant on December 1, 2023 and will need to be filled.

Solution: Slot #0250 from the Civil Legal Division is currently occupied and will be transferred to the County Attorney's Office.

Result: Transfer of slots will allow for immediate filling of Slot 0250 in the County Attorney's Office.
  
 
  Commissioner, Pct. 1 Jesse Gonzalez stated that the individual finish what he has pending before leaving the department.
 
  Motion by Commissioner, Pct. 1 Jesse Gonzalez, seconded by Commissioner, Pct 4. Ricardo A. Jaime to approve
  Vote: 5 - 0 Motion Carried
 
           
REGULAR AGENDA
 
Civil Legal Division
 
18.      Discussion and possible action to enter into a tax abatement agreement, pursuant to the County’s Tax Abatement Guidelines And Criteria under the Property Redevelopment And Tax Abatement Act, Chapter 312 of the Texas Tax Code, as requested by Seven Flags BESS LLC, for approximately $103,000,000 in improvements related to the storage of electricity using batteries for a ten year period and being a 100% tax abatement of ad valorem taxes (maintenance and operation only), with payments in lieu of taxes (PILOT payments) to be made annually to Webb County and any matters incident thereto; authorizing the county judge to sign all relevant documents. The property subject to the abatement agreement comprises approximately 5 acres and is located approximately 2 miles east of Cuatro Vientos Boulevard and approximately twelve hundred feet north of Eistetter Road (a/k/a Wormser Road) within The Webb County Seven Flags Bess Reinvestment Zone Number 1.   
 
  Civil Legal, Nathan Bratton stated for the record that the pilot payment is $700 per megawatt hour, it is going to be a facility of 200 megawatt hours, which is about 140,000 per year that will be payment in lieu of taxes 

Daniel Henry answered questions that the court had regarding item. 
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to approve 
  Vote: 5 - 0 Motion Carried
 
Engineer
 
19.      Discussion and possible action to approve Change Orders No. 2, 3 & 5 in the amount of $66,122.96 for Quantcorp Construction LLC for the Webb County Detoxification Facility Project; and have the County Judge sign any relevant documents and any other matters incident thereto. [Account #3902-7230-001-474501 (Construction in Progress}

Issue: Requesting change orders to replace an exterior gas line so that the building can have hot running water, apply exterior wall moisture prevention and approve contract extension time which will increase by eighty-seven (87) days. The new date of Substantial completion will be January 25, 2024.

Solution: Approval of change orders by Commissioner Court.

Result: Approval of change orders will continue and finish with project modifications.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Jesse Gonzalez to approve
  Vote: 5 - 0 Motion Carried
 

Planning

 
20.      Discussion and possible action to authorize County staff to draw the necessary funds in an amount up to $5,605,547.44 from the standby Letter of Credit No. SBP702794 (International Bank of Commerce) as required to complete pending public road improvements required by the final plat of the Gateway Unit 1 Subdivision in the event that, on or before December 6, 2023, the developer fails to either: 1) complete the final improvements as required by the final plat approval of the Gateway Unit 1 Subdivision plat; or 2) provide a reasonable time extension to the financial guarantee.

Issue: Item is a regulatory compliance matter of the Subdivision Regulations and State law.  In lieu of completion of public improvements triggered by plat requirements at the time of the Court’s final approval, a developer may submit a financial guarantee to ensure the completion of those pending improvements. Time extensions to financial guarantees are available by the Subdivision Regulations.  The current financial guarantee expires December 6, 2023. The Planning Department began coordinating with the project engineer on September 6, 2023 on a public improvement construction status.  It was determined with the assistance of the Webb County Engineering Department that approximately 30% of the work had been completed.  On October 26, 2023, the Planning and Civil Legal Departments met with a developer representative to advise him of the intent to draw the funds if an extension was not submitted by 9 a.m. on November 27, 2023.  The representative stated that he would talk to the developer.  On November 7, 2023, a formal notice was submitted to the developer and project engineer, that the financial guarantee was soon to expire and an extension should be submitted no later than 9 a.m. on November 27, 2023. Since an extension was not filed in time, this item has been placed for the court’s authorization to draw the funds.
 
Solution: Drawing the funds will allow the County to ensure completion of public improvements and compliance with Subdivision Regulations and State law.

Result: Subdivision Regulations and State law requirements will be met.
  
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina to approve effective December 6th 
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 2 Rosaura “Wawi” Tijerina (OUT OF THE COURTROOM)
 
Commissioners Court Administrator
 
 
PUBLIC HEARING
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Jesse Gonzalez to open Public Hearing  
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 2 Rosaura “Wawi” Tijerina (OUT OF THE COURTROOM)
 
21.      Public Hearing on the proposed Webb County Property Assessed Clean Energy (PACE) Program in accordance with the requirements of the Property Assessed Clean Energy Act as set forth in Texas Local Government Code Chapter 399.   
 
  Judge Tano E. Tijerina asked if anyone was for or against three times. No one answered.
 
 
CLOSE PUBLIC HEARING
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Jesse Gonzalez to close Public Hearing
  Vote: 4 - 0 Motion Carried
 
Other: Commissioner, Pct. 2 Rosaura “Wawi” Tijerina (OUT OF THE COURTROOM)
 
22.      Discussion and possible action to consider and take possible action on a Resolution to Establish the Webb County Property Assessed Clean Energy (PACE) Program, by Order of the Webb County Commissioners Court, in accordance with the requirements of the Property Assessed Clean Energy Act as set forth in Texas Local Government Code Chapter 399; and any other matters incident thereto.   
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by County Judge Tano E. Tijerina to approve
  Vote: 5 - 0 Motion Carried
 
23.      Discussion and possible action to approve a professional services agreement with Texas PACE Authority to administer the Webb County PACE Program; and any other matters incident thereto.   
 
  Motion by Commissioner, Pct. 3 John C. Galo, seconded by Commissioner, Pct. 1 Jesse Gonzalez to approve
  Vote: 5 - 0 Motion Carried
 
24.      Discussion and possible action to authorize the county purchasing agent to solicit a Request for Qualifications (RFQ’s) for professional services from an independent attorney or law firm to prepare contracts, agreements or any other assigned transactional documents between individuals or businesses and Webb County pursuant to the Professional Services Procurement Act; and any other matters incident thereto.   
 
  Motion by Commissioner, Pct. 1 Jesse Gonzalez, seconded by Commissioner, Pct. 3 John C. Galo to approve
  Vote: 5 - 0 Motion Carried
 
Honorable Ricardo A. Jaime, Webb County Commissioner Pct. 4
 
25.      Discussion and possible action to authorize the acquisition of a temporary construction easement across Tract 62 Ranchos Penitas West Unit V and Tract 35 Ranchos Penitas West Unit V and any matters incident thereto.   
 
  Motion by Commissioner, Pct 4. Ricardo A. Jaime, seconded by Commissioner, Pct. 3 John C. Galo to approve

Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 2 Rosaura “Wawi” Tijerina to approve items #25 and #26

Amended motion by Commissioner, Pct 4. Ricardo A. Jaime, seconded by Commissioner, Pct. 3 John C. Galo to approve items #25 and #26. 
Vote: 5 - 0 Motion Carried - Unanimously
 
 
26.      Discussion and possible action to enter into Work Authorization #1 with Top Site Civil Group, LLC for surveying two tracts in Penitas West (Tract 62 Ranchos Penitas West Unit V and Tract 35 Ranchos Penitas West Unit III), a roadway right-of-way survey on a portion of Rancho Barranco Road and construction staking of the road in an amount not to exceed Seven Thousand Dollars ($7,000.00) and any matters incident thereto; authorizing the County Judge to sign all relevant documents. [Funding: Professional Services, General Fund, Account #1001-1130-001-432001]   
 
Honorable Tano E. Tijerina, Webb County Judge
 
27.      Discussion and possible action to authorize the Purchasing Agent to advertise a Request For Qualifications for a professional preservation architect to assist in the process of evaluating the current state of the Webb County Courthouse and set priorities for rehabilitation and maintaining the building in accordance with the Texas Professional Services Procurement Act and any other matters incident thereto. [Requested by Account #1001-1130-001-432001 (Professional Services)] 

Issue: Webb County proposes to develop an application to the Texas Historical Commission Courthouse Grant Program. A prerequisite to the application is to have a courthouse master plan for preserving and maintaining a historic county courthouse.  Webb County must hire a professional preservation architect to assist in this process. That will help Webb County evaluate the current state of the courthouse in setting priorities for rehabilitation and maintaining the building.  A master plan must include a history of the building, photographs and drawings.  A thorough evaluation of the existing conditions and the plan for the future with an estimated budget for all proposed work.
 
Solution: Authorize the solicitation of these requested professional services & hire a licensed professional preservation architect to prepare the master plan.

Result: By acquiring the courthouse master plan, it will qualify Webb County to submit an application to the Texas Historical Commission-Courthouse Grant Program for future funding consideration.
  
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 3 John C. Galo to approve
  Vote: 5 - 0 Motion Carried
 
28.      Discussion and possible action to proclaim the month of November as National Adoption Awareness month.   
 
  Judge Tano E. Tijerina along with Commissioner, Pct. 3 John C. Galo read and proclaimed November as National Adoption Awareness month.
 
29.   Communications
 
  No communications were made.
 
30.   Adjourn
 
  Motion by County Judge Tano E. Tijerina, seconded by Commissioner, Pct. 1 Jesse Gonzalez to adjourn
  Vote: 5 - 0 Motion Carried