Opening Prayer: Pastor Douglass Thompson, Genesis Full Life Fellowship (Tommy Calvert) Pledge of Allegiance: (Tommy Calvert)
Discussion and appropriate action regarding the First Amendment to the Professional Engineering Services Agreement between Bexar County and Stantec Consulting Services, Inc., in additional amount of $1,277,445 for the Detailed Design Phase and Construction Phase for the Capital Improvements Project, Old Fredericksburg Road, Precinct 3. (Estimated Presentation Time: 10 minutes) (Renee Green)
SPECIAL PRESENTATIONS ITEM(S): a. Special presentation by Bexar County Economic & Community Development department regarding updates on the Texas Federation for the Advanced Manufacturing Education (TX FAME) initiative. (Estimated Presentation Time: 15 minutes) (David Marquez)
TIME CERTAIN ITEM(S): a. 9:15 a.m. - Public Hearing: The Commissioners Court invites public input regarding abolishing the Office of Justice of the Peace Precinct 1, Place 2, to be effective as of the date of approval by the Bexar County Commissioners Court on October 19, 2021. (Presentation Time: As needed) (Court) b. Immediately after item 4a: Discussion and appropriate action regarding abolishing the Office of Justice of the Peace Precinct 1, Place 2, to be effective as of the date of approval by the Bexar County Commissioners Court on October 19, 2021. (Presentation Time: 15 minutes) (Court)
Immediately after 4b: Discussion and appropriate action concerning the resignation of the Judge to Justice of the Peace, Precinct 1, Place 2 and a process to fill the interim vacancy. (Presentation Time: 5 minutes) (Court)
Recess Commissioners Court 10:00 a.m. - Convene as Board of Directors, Bexar County Housing Finance Corporation. (Presentation Time: As needed) (Board/Bracewell)
Reconvene Commissioners Court CONSENT AGENDA ITEMS: All items under the Consent Agenda are heard and acted upon collectively unless opposition is presented, in which case the contested item will be considered, discussion, and appropriate action taken separately. Items 9 - 52 & 54 - 75
Order accepting the following streets and drains in the identified subdivisions for County maintenance to begin October 19, 2021: SUBDIVISION STREET/DRAIN Whisper Falls Unit 01-B Brahms Way 483.03 If Plat No. 170540 Asphalt Width: 28' Precinct #1 Cadenza Creek 1,808.85 If Asphalt Width: 32' Falsetto Voice 355.19 If Asphalt Width: 28' Forte Falls 4910.00 If Asphalt Width: 28' Maestro Spark 1,074.72 If Asphalt Width: 28' Overture Dawn 465.64 Asphalt Width: 28' Whisper Way 597.82 If Asphalt Width: 50' Henselt Scale 40.00 If Asphalt Width: 28' Drain "A" 11.00 If Drain "C2-1" 16.30 If Cassiopeia Bend 516.12 If Asphalt Width: 28' Chronos Dr. 175.00 If Asphalt Width: 28' Rhesus View 420.28 If Asphalt Width: 28' Selene View 1,108.82 If Asphalt Width: 40' Amara Way 431.45 If Asphalt Width: 28' Dante Circle 250.63 If Asphalt Width: 28' Grace Way 1,061.59 If Asphalt Width: 28' Mazzine Way 238.72 If Asphalt Width: 40' Palermo Way 652.10 If Asphalt Width: 28' Rizzolia Ave. 1,042.92 If Texas Research Park Unit 07-B Plat No. 190079 Precinct #1 Messina Plat No. 190233 Precinct #3 SUBDIVISION STREET/DRAIN Asphalt Width: 28' Drain "A" 410.67 If Drain "B" 32.33 If Crestway Heights Unit 01 Plat No. 170503 Precinct #4 Apex Landing 732.11 If Asphalt Width: 28' Apex View 413.57 If Asphalt Width: 28' Brucks Dr 92.73 If Asphalt Width: 40 Crestway Landing 335.00 If Asphalt Width: 28' Crestway Rd. 1,037.12 If Asphalt Width: 53' Crestway Ridge 803.27 If Asphalt Width: 28' Elm Trail Dr. 538.3 If Asphalt Width: 40' Drain "A" 309.31 If Drain "B" 68.34 If Drain "C" 11.00 If Alamo Ranch Unit 16 Plat No 170094 Precinct #1 Pease Way 90.0 If Asphalt Width: 28' Rescind Commissioners Court order dated 09/07/2021 pertaining to street segments in their respective subdivision unit listed below. This rescind is due to a data entry errors into the database that specified incorrect street lengths for the street segments. Corrected information is as follows: SUBDIVISION Alamo Ranch Unit 17-A Plat No 180080 Precinct #1 STREET/DRAIN Colwell Lake 541.94 If Asphalt Width: 28' (Previously 54.94 If) Texas Research Park Unit 7-A Plat No 180606 Precinct #1 Cassiopeia Bend 1253.91 If Asphalt Width: 28' (Previously 1213.91 If)
Filing for record the following legal and administrative documents and directing the Criminal District Attorney's Office to take action, if necessary: a. Bexar County Constable Precinct 1 FY 2021 - 2022 Budget for Law Enforcement Officers Special Education (LEOSE) Fund - 116, State Asset Forfeiture Fund - 314, and Federal Asset Forfeiture Fund - 315. b. Resolution authorizing an interlocal agreement with Bexar County to affirm the City's Administrative authority over a project area to be designated as a Texas Enterprise Zone Project by Bexar County; approving Bexar County's nomination to the State of Texas of the project area as a Texas Enterprise Zone, re: Toyotetsu, Texas, Inc., approved August 24,2021. c. Bexar County Purchasing Agent Board approval of Purchasing Agent Budget for FY 2021-22. d. Request for Arbitration submitted by Ben M. Sifuentes, Jr., P.C., Re: BCSO Corporal Jack Hernandez, Employee #36247. e. Notice of Claim submitted by and regarding Kenneth Bias. f. Citation directed to Bexar County Judge Nelson Wolff, Plaintiffs Original Petition, Request for Writ of Mandamus, Declaratory Judgement, and Injunctive Relief to Enforce Arbitration Award, Re: Jack D Farmer, Jr vs. Javier Salazar, et al, Case No. 2021 -CI-17851. g. Bexar County Auditor's Year End Monthly Financial Reports (Unaudited and Unadjusted) for June 30, 2021. h. Bexar County Fire Marshal and Office of Emergency Management estimated fund balance for FY2021 and FY2022 Budget Discretionary Fund 113 - Fire Marshal LEOSE Fund. i. Deposition Subpoena to Bexar Heritage Employee, Re: D&D Contractors, Inc. v. Davila Construction, Inc. and Mid-Continent Casualty Company, Cause No. 2019CI07513. j. Citation directed to Bexar County Judge Nelson W. Wolff, Plaintiffs Original Complaint, Re: Michael Brendan Philbin, et al vs. Bexar County, et al, Case No. 2021-CI-21339. k. Resignation letter of Judge Ciro Rodriguez, Bexar County Justice of the Peace Precinct 1 Place 2.
Commissioners Court minutes for Friday, September 10, 2021, Tuesday, September 14, 2021 and Tuesday, October 5, 2021.
Communications from citizens who signed the register to speak.
10:30 a.m. - Discussion and appropriate action regarding a consultant agreement between Bexar County and American Correctional Consultants in an amount not to exceed $19,950 to evaluate the existing systems and status of the jail operations to provide a baseline of the facility's current physical and cultural conditions; to determine operational system functionality; identify areas for improvement; recommend strategies to enhance services and .to take advantage of unseen opportunities. (Presentation Time: 10 minutes) (Trish DeBerry)
Item(s) Brought by Sheriff: (Javier Salazar) Request approval for 22,100 hours of paid overtime for uniformed officers who worked mandatory overtime hours (MOT) in the Adult Detention between September 10th -30th, 2021 and 60,143 hours of paid overtime for uniformed officers required to work mandatory overtime hours in the Adult Detention Center between October 8, 2021 and December 31, 2021. (Estimated Presentation Time: 15 minutes) (Javier Salazar)
Item(s) Brought by Facilities Management: (Dan Curry) Discussion and appropriate action regarding the shortlisting of the highest ranked firms responding to phase one of Event 861 - the Design-Build solicitation for Detention Electronics Replacement at Various Detention Center and inviting those firms to participate in phase 2, Cost Methodology. (Estimated Presentation Time: 5 minutes) (Dan Curry)
Item(s) Brought by Public Works: (Renee Green) Discussion and appropriate action authorizing the use of the power of eminent domain and approval of an Order declaring the public use and necessity for the acquisition of a drainage easement interest being a 1.460 of an acre tract of land, out of that 42.75 acre tract, as described in a Deed to Clifton W. and Barbara McBride of record in Volume 6754,, Page 1124 of the Official Public Records of Bexar County, Texas, situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193, in the City of St. Hedwig, and being more particularly described by metes and bounds and shown in Exhibit "A", attached hereto and incorporated herein for all purposes, to advance and achieve the public use of the Abbott Road at FM 1518 Low Water Crossing Improvement Project, which includes constructing, operating, repairing, and maintaining drainage improvements, including adding box culverts and approximately 445 feet of earthen channel, to direct the flow of the floodwaters away from the roadway and to resolve threats to the health and safety of the public as part of the Abbott Road at FM 1518 Low Water Crossing Project and authorizing the institution of condemnation proceedings to acquire these rights. Precinct Number 4. (Estimated Presentation Time: 5 minutes) (Renee Green)
Discussion and appropriate action regarding the First Amendment to the Professional Engineering Services Agreement between Bexar County and Stantec Consulting Services, Inc., in additional amount of $1,277,445 for the Detailed Design Phase and Construction Phase for the Capital Improvements Project, Old Fredericksburg Road, Precinct 3. (Estimated Presentation Time: 10 minutes) (Renee Green)
EXECUTIVE SESSION (DISCUSSION ONLY: CLOSED TO PUBLIC) (Pursuant to Chapter 551, Texas Government Code) EXECUTIVE SESSION ITEMS MAY BE DISCUSSED AND ACTED UPON, IF APPROPRIATE, IN OPEN SESSION. 85. §551.071 Consultation with Attorney for advice regarding: a. Pending or contemplated litigation or settlement offers in the following matters: i. B.B. v. Hancock ii. Hitzfeld v. Bexar County iii. Parker v. Bexar County iv. Nicole Wise v. Bexar County, Javier Salazar, John Does #1-5 v. Inmate Calling Solutions, LLC D/B/A ICSolutions, and Michael Brendan Philbin v. Bexar County, et al. vi. Texas opioid multi-district litigation in the matter of In Re: Texas Opioid Litigation, MDLNo. 2018-63587, currently pending in the 152nd District Court of Harris County b. Legal issues pertaining to the following matters in which duty of the attorney for Bexar County under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: i. Liability issues related to a request of Precinct 3 Constable to staff a full-time deputy constable with the Comal Independent School District and court direction.
Discussion and appropriate action regarding Inmate Calling Solutions, LLC D/B/A ICSolutions, and Michael Brendan Philbin v. Bexar County, et al. (Estimated Presentation Time: 5 minutes) (Larry Roberson)
Item(s) Brought by District Attorney: (Joe Gonzales) Discussion and appropriate action regarding a settlement offer in the matter of Hitzfeld v. Bexar County. (Estimated Presentation Time: 5 minutes) (Larry Roberson)
Opening Prayer: Pastor Douglass Thompson, Genesis Full Life Fellowship (Tommy Calvert) Pledge of Allegiance: (Tommy Calvert)
Discussion and appropriate action regarding the First Amendment to the Professional Engineering Services Agreement between Bexar County and Stantec Consulting Services, Inc., in additional amount of $1,277,445 for the Detailed Design Phase and Construction Phase for the Capital Improvements Project, Old Fredericksburg Road, Precinct 3. (Estimated Presentation Time: 10 minutes) (Renee Green)
SPECIAL PRESENTATIONS ITEM(S): a. Special presentation by Bexar County Economic & Community Development department regarding updates on the Texas Federation for the Advanced Manufacturing Education (TX FAME) initiative. (Estimated Presentation Time: 15 minutes) (David Marquez)
TIME CERTAIN ITEM(S): a. 9:15 a.m. - Public Hearing: The Commissioners Court invites public input regarding abolishing the Office of Justice of the Peace Precinct 1, Place 2, to be effective as of the date of approval by the Bexar County Commissioners Court on October 19, 2021. (Presentation Time: As needed) (Court) b. Immediately after item 4a: Discussion and appropriate action regarding abolishing the Office of Justice of the Peace Precinct 1, Place 2, to be effective as of the date of approval by the Bexar County Commissioners Court on October 19, 2021. (Presentation Time: 15 minutes) (Court)
Immediately after 4b: Discussion and appropriate action concerning the resignation of the Judge to Justice of the Peace, Precinct 1, Place 2 and a process to fill the interim vacancy. (Presentation Time: 5 minutes) (Court)
Recess Commissioners Court 10:00 a.m. - Convene as Board of Directors, Bexar County Housing Finance Corporation. (Presentation Time: As needed) (Board/Bracewell)
Reconvene Commissioners Court CONSENT AGENDA ITEMS: All items under the Consent Agenda are heard and acted upon collectively unless opposition is presented, in which case the contested item will be considered, discussion, and appropriate action taken separately. Items 9 - 52 & 54 - 75
Order accepting the following streets and drains in the identified subdivisions for County maintenance to begin October 19, 2021: SUBDIVISION STREET/DRAIN Whisper Falls Unit 01-B Brahms Way 483.03 If Plat No. 170540 Asphalt Width: 28' Precinct #1 Cadenza Creek 1,808.85 If Asphalt Width: 32' Falsetto Voice 355.19 If Asphalt Width: 28' Forte Falls 4910.00 If Asphalt Width: 28' Maestro Spark 1,074.72 If Asphalt Width: 28' Overture Dawn 465.64 Asphalt Width: 28' Whisper Way 597.82 If Asphalt Width: 50' Henselt Scale 40.00 If Asphalt Width: 28' Drain "A" 11.00 If Drain "C2-1" 16.30 If Cassiopeia Bend 516.12 If Asphalt Width: 28' Chronos Dr. 175.00 If Asphalt Width: 28' Rhesus View 420.28 If Asphalt Width: 28' Selene View 1,108.82 If Asphalt Width: 40' Amara Way 431.45 If Asphalt Width: 28' Dante Circle 250.63 If Asphalt Width: 28' Grace Way 1,061.59 If Asphalt Width: 28' Mazzine Way 238.72 If Asphalt Width: 40' Palermo Way 652.10 If Asphalt Width: 28' Rizzolia Ave. 1,042.92 If Texas Research Park Unit 07-B Plat No. 190079 Precinct #1 Messina Plat No. 190233 Precinct #3 SUBDIVISION STREET/DRAIN Asphalt Width: 28' Drain "A" 410.67 If Drain "B" 32.33 If Crestway Heights Unit 01 Plat No. 170503 Precinct #4 Apex Landing 732.11 If Asphalt Width: 28' Apex View 413.57 If Asphalt Width: 28' Brucks Dr 92.73 If Asphalt Width: 40 Crestway Landing 335.00 If Asphalt Width: 28' Crestway Rd. 1,037.12 If Asphalt Width: 53' Crestway Ridge 803.27 If Asphalt Width: 28' Elm Trail Dr. 538.3 If Asphalt Width: 40' Drain "A" 309.31 If Drain "B" 68.34 If Drain "C" 11.00 If Alamo Ranch Unit 16 Plat No 170094 Precinct #1 Pease Way 90.0 If Asphalt Width: 28' Rescind Commissioners Court order dated 09/07/2021 pertaining to street segments in their respective subdivision unit listed below. This rescind is due to a data entry errors into the database that specified incorrect street lengths for the street segments. Corrected information is as follows: SUBDIVISION Alamo Ranch Unit 17-A Plat No 180080 Precinct #1 STREET/DRAIN Colwell Lake 541.94 If Asphalt Width: 28' (Previously 54.94 If) Texas Research Park Unit 7-A Plat No 180606 Precinct #1 Cassiopeia Bend 1253.91 If Asphalt Width: 28' (Previously 1213.91 If)
Filing for record the following legal and administrative documents and directing the Criminal District Attorney's Office to take action, if necessary: a. Bexar County Constable Precinct 1 FY 2021 - 2022 Budget for Law Enforcement Officers Special Education (LEOSE) Fund - 116, State Asset Forfeiture Fund - 314, and Federal Asset Forfeiture Fund - 315. b. Resolution authorizing an interlocal agreement with Bexar County to affirm the City's Administrative authority over a project area to be designated as a Texas Enterprise Zone Project by Bexar County; approving Bexar County's nomination to the State of Texas of the project area as a Texas Enterprise Zone, re: Toyotetsu, Texas, Inc., approved August 24,2021. c. Bexar County Purchasing Agent Board approval of Purchasing Agent Budget for FY 2021-22. d. Request for Arbitration submitted by Ben M. Sifuentes, Jr., P.C., Re: BCSO Corporal Jack Hernandez, Employee #36247. e. Notice of Claim submitted by and regarding Kenneth Bias. f. Citation directed to Bexar County Judge Nelson Wolff, Plaintiffs Original Petition, Request for Writ of Mandamus, Declaratory Judgement, and Injunctive Relief to Enforce Arbitration Award, Re: Jack D Farmer, Jr vs. Javier Salazar, et al, Case No. 2021 -CI-17851. g. Bexar County Auditor's Year End Monthly Financial Reports (Unaudited and Unadjusted) for June 30, 2021. h. Bexar County Fire Marshal and Office of Emergency Management estimated fund balance for FY2021 and FY2022 Budget Discretionary Fund 113 - Fire Marshal LEOSE Fund. i. Deposition Subpoena to Bexar Heritage Employee, Re: D&D Contractors, Inc. v. Davila Construction, Inc. and Mid-Continent Casualty Company, Cause No. 2019CI07513. j. Citation directed to Bexar County Judge Nelson W. Wolff, Plaintiffs Original Complaint, Re: Michael Brendan Philbin, et al vs. Bexar County, et al, Case No. 2021-CI-21339. k. Resignation letter of Judge Ciro Rodriguez, Bexar County Justice of the Peace Precinct 1 Place 2.
Commissioners Court minutes for Friday, September 10, 2021, Tuesday, September 14, 2021 and Tuesday, October 5, 2021.
Communications from citizens who signed the register to speak.
10:30 a.m. - Discussion and appropriate action regarding a consultant agreement between Bexar County and American Correctional Consultants in an amount not to exceed $19,950 to evaluate the existing systems and status of the jail operations to provide a baseline of the facility's current physical and cultural conditions; to determine operational system functionality; identify areas for improvement; recommend strategies to enhance services and .to take advantage of unseen opportunities. (Presentation Time: 10 minutes) (Trish DeBerry)
Item(s) Brought by Sheriff: (Javier Salazar) Request approval for 22,100 hours of paid overtime for uniformed officers who worked mandatory overtime hours (MOT) in the Adult Detention between September 10th -30th, 2021 and 60,143 hours of paid overtime for uniformed officers required to work mandatory overtime hours in the Adult Detention Center between October 8, 2021 and December 31, 2021. (Estimated Presentation Time: 15 minutes) (Javier Salazar)
Item(s) Brought by Facilities Management: (Dan Curry) Discussion and appropriate action regarding the shortlisting of the highest ranked firms responding to phase one of Event 861 - the Design-Build solicitation for Detention Electronics Replacement at Various Detention Center and inviting those firms to participate in phase 2, Cost Methodology. (Estimated Presentation Time: 5 minutes) (Dan Curry)
Item(s) Brought by Public Works: (Renee Green) Discussion and appropriate action authorizing the use of the power of eminent domain and approval of an Order declaring the public use and necessity for the acquisition of a drainage easement interest being a 1.460 of an acre tract of land, out of that 42.75 acre tract, as described in a Deed to Clifton W. and Barbara McBride of record in Volume 6754,, Page 1124 of the Official Public Records of Bexar County, Texas, situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193, in the City of St. Hedwig, and being more particularly described by metes and bounds and shown in Exhibit "A", attached hereto and incorporated herein for all purposes, to advance and achieve the public use of the Abbott Road at FM 1518 Low Water Crossing Improvement Project, which includes constructing, operating, repairing, and maintaining drainage improvements, including adding box culverts and approximately 445 feet of earthen channel, to direct the flow of the floodwaters away from the roadway and to resolve threats to the health and safety of the public as part of the Abbott Road at FM 1518 Low Water Crossing Project and authorizing the institution of condemnation proceedings to acquire these rights. Precinct Number 4. (Estimated Presentation Time: 5 minutes) (Renee Green)
Discussion and appropriate action regarding the First Amendment to the Professional Engineering Services Agreement between Bexar County and Stantec Consulting Services, Inc., in additional amount of $1,277,445 for the Detailed Design Phase and Construction Phase for the Capital Improvements Project, Old Fredericksburg Road, Precinct 3. (Estimated Presentation Time: 10 minutes) (Renee Green)
EXECUTIVE SESSION (DISCUSSION ONLY: CLOSED TO PUBLIC) (Pursuant to Chapter 551, Texas Government Code) EXECUTIVE SESSION ITEMS MAY BE DISCUSSED AND ACTED UPON, IF APPROPRIATE, IN OPEN SESSION. 85. §551.071 Consultation with Attorney for advice regarding: a. Pending or contemplated litigation or settlement offers in the following matters: i. B.B. v. Hancock ii. Hitzfeld v. Bexar County iii. Parker v. Bexar County iv. Nicole Wise v. Bexar County, Javier Salazar, John Does #1-5 v. Inmate Calling Solutions, LLC D/B/A ICSolutions, and Michael Brendan Philbin v. Bexar County, et al. vi. Texas opioid multi-district litigation in the matter of In Re: Texas Opioid Litigation, MDLNo. 2018-63587, currently pending in the 152nd District Court of Harris County b. Legal issues pertaining to the following matters in which duty of the attorney for Bexar County under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: i. Liability issues related to a request of Precinct 3 Constable to staff a full-time deputy constable with the Comal Independent School District and court direction.
Discussion and appropriate action regarding Inmate Calling Solutions, LLC D/B/A ICSolutions, and Michael Brendan Philbin v. Bexar County, et al. (Estimated Presentation Time: 5 minutes) (Larry Roberson)
Item(s) Brought by District Attorney: (Joe Gonzales) Discussion and appropriate action regarding a settlement offer in the matter of Hitzfeld v. Bexar County. (Estimated Presentation Time: 5 minutes) (Larry Roberson)