SPECIAL MEETING - June 14, 2016
BE IT REMEMBERED, that on this 14th day of June A.D., 2016, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE RAMON GARCIA HONORABLE A.C. CUELLAR, JR. HONORABLE JOE M. FLORES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 3 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING June 14, 2016 9:30 A.M. |
|
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
Commissioners Joseph Palacios and Eduardo "Eddie" Cantu were not in attendance.
Commissioners Joseph Palacios and Eduardo "Eddie" Cantu were not in attendance.
2.
Pledge of Allegiance
Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
3.
Prayer
Mrs. Virginia Townsand led the courtroom in Prayer.
Commissioners Court honored the victims of the Orlando, Florida shooting.
Mrs. Virginia Townsand led the courtroom in Prayer.
Commissioners Court honored the victims of the Orlando, Florida shooting.
4.
Approval of Consent Agenda
The court approved the consent agenda.
Court proceeded to Item.15.A.
The court approved the consent agenda.
Court proceeded to Item.15.A.
5.
Emergency Management:
A.
AI-55032
Update on May 31, 2016 Severe Weather Event.
Emergency Management Chief Mr. Ricardo Saldaña informed of a Federal Declaration by President Obama. The declaration includes public and individual assistance. This declaration permits for Hidalgo residents who were affected by the storm to call or register online for disaster assistance. Chief Saldaña announced the opening of a disaster center, they are working with the City of Mission to establish a facility that can assist the Madero and Granjeno areas.
The chief updated the court on the ongoing efforts to restore Anzalduas Park, and notified of a posted sign informing the public that the park is still close.
Court took no action on this item.
Emergency Management Chief Mr. Ricardo Saldaña informed of a Federal Declaration by President Obama. The declaration includes public and individual assistance. This declaration permits for Hidalgo residents who were affected by the storm to call or register online for disaster assistance. Chief Saldaña announced the opening of a disaster center, they are working with the City of Mission to establish a facility that can assist the Madero and Granjeno areas.
The chief updated the court on the ongoing efforts to restore Anzalduas Park, and notified of a posted sign informing the public that the park is still close.
Court took no action on this item.
6.
District Attorney's Office:
A.
AI-54996
DA-Victim Coordinator and Liaison Grant (VCLG) (1281):
1. Approval of VCLG Grant Budget Adjustment and Modification Form.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval and authorization for County Judge to sign Grant Budget Adjustment and Modification Form.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
1. Approval of VCLG Grant Budget Adjustment and Modification Form.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval and authorization for County Judge to sign Grant Budget Adjustment and Modification Form.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-55030
Ratification of Border Prosecution Unit (BPU) FY16 Grant #2537805.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
7.
County Clerk's Office - Arturo Guajardo, Jr.:
A.
AI-54834
Approval to select names for the 2016 Grievance Committee, pursuant to Texas Local Government Code Section 152.015.
Hidalgo County Clerk's Chief Deputy, Mrs. Annette Muñiz notified of the upcoming selection for the 2016 Grievance Committee. The chief deputy informed that the Grievance Committee is compose of elected officials, along with the county judge who serves as none voting chairman. The sheriff, the county tax assessor and collector, county treasurer, county clerk, district clerk and county or criminal district attorney; in accordance with local government code.152.014
MEMBERS:
1) Saida Abrego
2) Kristin L. Anceline
3) Sarah B. Ayala
ALTERNATES:
1) David Girault
2) Jenifer Guzman
3) Emily Vanessa Castillo
4) Kenneth Michael Anderson
5) Eusebia Z. Lopez
6) Sandra Paez
Item was presented by Mrs. Muñiz and individuals were selected, however no formal action was taken.
Hidalgo County Clerk's Chief Deputy, Mrs. Annette Muñiz notified of the upcoming selection for the 2016 Grievance Committee. The chief deputy informed that the Grievance Committee is compose of elected officials, along with the county judge who serves as none voting chairman. The sheriff, the county tax assessor and collector, county treasurer, county clerk, district clerk and county or criminal district attorney; in accordance with local government code.152.014
MEMBERS:
1) Saida Abrego
2) Kristin L. Anceline
3) Sarah B. Ayala
ALTERNATES:
1) David Girault
2) Jenifer Guzman
3) Emily Vanessa Castillo
4) Kenneth Michael Anderson
5) Eusebia Z. Lopez
6) Sandra Paez
Item was presented by Mrs. Muñiz and individuals were selected, however no formal action was taken.
8.
Sheriff's Office:
A.
AI-54849
1. Approval to declare surplus and remove from County Inventory list, Co. Asset #63512 (German Shepherd) Hidalgo County Sheriff's Office K-9 "Henri" due to medical reasons causing inability to perform work duties.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval for the return of K-9 "Henri" to donor Deputy Francisco Guerrero, as per agreement (AI #48720 03/17/15) after removal from Hidalgo County Sheriff's Office service.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Requesting consideration and approval on the acceptance of one (1) male German Shepherd canine, "Miho", for the Hidalgo County Sheriff's Office donated by Mr. Frank Guerrero, as a replacement for canine "Henri", and its inclusion in the County Inventory list. Upon the K-9's retirement, separation and/or impeding medical conditions, the K-9 will be returned to Mr. Guerrero.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval for the return of K-9 "Henri" to donor Deputy Francisco Guerrero, as per agreement (AI #48720 03/17/15) after removal from Hidalgo County Sheriff's Office service.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Requesting consideration and approval on the acceptance of one (1) male German Shepherd canine, "Miho", for the Hidalgo County Sheriff's Office donated by Mr. Frank Guerrero, as a replacement for canine "Henri", and its inclusion in the County Inventory list. Upon the K-9's retirement, separation and/or impeding medical conditions, the K-9 will be returned to Mr. Guerrero.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
9.
Executive Office:
A.
AI-55027
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with Edinburg Municipal Airport & City of Edinburg Property"
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Requesting engagement with the firm of The J. Ramirez Law Firm for the "Provision of Legal Services/Representation in connection with Edinburg Municipal Airport & City of Edinburg Property" and authority to submit letter of engagement (subject to compliance with HB1295)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Requesting engagement with the firm of The J. Ramirez Law Firm for the "Provision of Legal Services/Representation in connection with Edinburg Municipal Airport & City of Edinburg Property" and authority to submit letter of engagement (subject to compliance with HB1295)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B.
AI-54958
Approval to accept Aurelio Vaca & Guadalupe Vaca Settlement Money Order in the amount of $500.00 to settle auto claim with County vehicle. (Precinct 1)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
10.
Human Resources:
A.
AI-54973
Sheriff's Office (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Discussion, consideration, and approval of the following personnel actions, effective next full pay period:
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Approval to revise the salary schedule in accordance with Commissioners Court action.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Discussion, consideration, and approval of the following personnel actions, effective next full pay period:
| Action | Dept/Program | Slot # | Position Title | Current Budgeted Allowance | Proposed Budgeted Allowance |
| Delete Clothing Allowance | 280-001 | 0421 | Lieutenant Step I | $500.00 | $0.00 |
| Delete Clothing Allowance | 280-001 | 0112 | Deputy Sheriff | $500.00 | $0.00 |
| Adding Clothing Allowance | 280-001 | 0337 | Deputy Sheriff Step I | $0.00 | $500.00 |
| Adding Clothing Allowance | 280-001 | 0051 | Deputy Sheriff Step I | $0.00 | $500.00 |
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Approval to revise the salary schedule in accordance with Commissioners Court action.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-54985
Public Affairs Division (1100):
Discussion, consideration, and approval to appoint Alyssa Frances Casso, Our Lady of the Lake University student as volunteer Public Affairs Intern for the period of June 15, 2016 through August 26, 2016.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Discussion, consideration, and approval to appoint Alyssa Frances Casso, Our Lady of the Lake University student as volunteer Public Affairs Intern for the period of June 15, 2016 through August 26, 2016.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
C.
AI-54968
Precinct 4 CRC (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval to delete the following position:
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval to delete the following position:
| Dept/Program | Slot # | Position Title | Current Budgeted Salary | Proposed Budgeted Salary |
| 124-077 | 0002 | Clerk I | $21,762.00 | $0.00 |
3. Discussion, consideration, and approval to create the following temporary full-time positions, not to exceed 12/31/2016:
| Dept/Program | Slot # | Position Title | Proposed Budgeted Salary |
| 124-077 | T004 | Clerk I | $10,504.00/yr - $10.10/hr |
| 124-077 | T005 | Clerk I | $10,504.00/yr - $10.10/hr |
4. Approval to revise the salary schedule in accordance with Commissioners Court action.
Court took no action on Item.10.C.1 to 4.
Court took no action on Item.10.C.1 to 4.
Attachments:
11.
Health & Human Services Department:
A.
AI-55007
1. Requesting approval to submit grant application for Family Planning Program to Texas Health & Human Services Commission.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Requesting approval for County Judge to sign required forms and documents.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Requesting approval for County Judge to sign required forms and documents.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
B.
Health Care Funding District:
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
Court took no action on this item.
Court took no action on this item.
2.
AI-54891
Discussion, consideration, and approval to draw down funds for MCO Pass-Through Payment Pilot Program from the Local Provider Participation fund to be determined by HHSC instructions with a settlement date of June 2016.
Approval of Certification of revenues as certified by the County auditor from the LPPF in the amount to be determined by HHSC instructions in June 2016.
Approval of 2016 Appropriation of funds from the LPPF in the amount to be determined by HHSC instructions in June 2016.
Court took no action on this item.
Approval of Certification of revenues as certified by the County auditor from the LPPF in the amount to be determined by HHSC instructions in June 2016.
Approval of 2016 Appropriation of funds from the LPPF in the amount to be determined by HHSC instructions in June 2016.
Court took no action on this item.
Attachments:
C.
Indigent Health Care Program:
1.
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
Court took no action on this item.
Court took no action on this item.
12.
IT Department:
A.
AI-54839
CONSTABLE PCT. 4
Authorization and approval to purchase new wireless gps service through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:
Authorization and approval to purchase new wireless gps service through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:
| Qty: | Description: | User: | Service Plan: |
| 15 | Data Plan for GPS | Office Use | Machine to Machine Account Share 1MB @ $5.00 each per month |
| 6 | Data Plan for GPS | Office Use | Machine to Machine Account Share 5MB @ $7.00 each per month |
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-54948
COMMISSIONER PCT. 4
Authorization and approval to purchase new wireless devices with service through the County's membership/participation with CONTRACT: DIR-TSO-3415 for VERIZON WIRELESS for the following:
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.14.A.
Authorization and approval to purchase new wireless devices with service through the County's membership/participation with CONTRACT: DIR-TSO-3415 for VERIZON WIRELESS for the following:
| Qty: | Description: | User: | One Time Equipment Cost: | Service Plan: |
| 8 | Data Plan | Office Use | 4G Mobile Broadband Unlimited @ $37.99/each per month |
|
| 8 | Apple iPad Air-18GB 4G LTE | Office Use | $429.99 each | |
| 8 | Screen Protector | Office Use | $12.99 each | |
| 8 | Car Charger | Office Use | $19.49 each |
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.14.A.
Attachments:
13.
Elections Administration:
A.
Discussion and/or action, including but not limited to Elections updates
Elections Administrator, Mrs. Yvonner Ramon spoke about the potential purchase of a new electronic voting system.
President of Hart Intercivic, Mr. Philip Braithwaite opened up about his support towards the new project.
Judge Garcia announced that this project is the purchasing of new election machines however, they won't be utilize for the November elections. Mrs. Ramon informed that they're hoping to use them for the 2017 elections.
Director of sales, Ms. Felice Liston announced their commitment to Hidalgo County.
Elections Administrator, Mrs. Yvonner Ramon spoke about the potential purchase of a new electronic voting system.
President of Hart Intercivic, Mr. Philip Braithwaite opened up about his support towards the new project.
Judge Garcia announced that this project is the purchasing of new election machines however, they won't be utilize for the November elections. Mrs. Ramon informed that they're hoping to use them for the 2017 elections.
Director of sales, Ms. Felice Liston announced their commitment to Hidalgo County.
B.
AI-54931
Resolution in support of the Hidalgo County Elections Department's intent to purchase Hart Intercivic's Verity 2.0 Voting System.
Mrs. Ramon informed that they have been working with two different vendors, ES&S and Hart intercivic. They've held several workshop where both vendors and community attended. Mrs. Ramon commented that after a year of workshops they concluded that Hart intercivic is a better option for Hidalgo County. No major changes would have to be made, and the administrative side accepts the new machines.
Regarding paper trail Mrs. Ramon explained that whether there was a paper trail or not, there would be a need to file a contest. The election code gives a candidate or a contestant the opportunity to recount. On the same regard, Judge Garcia questioned if the machine has the ability to provide a paper trail. Mrs. Ramon explained that regardless of the vendor or the electronic vending machine Hidalgo County is an electronic voting county, paper trail is not part of. The judge asked at what point they'll be able to inspect the paper trail. Mrs. Ramon commented that the paper trail would be the audit, because that's the only time when the election code allows to pull the ballot image so that the candidate or anyone can examine and recount the votes. Therefore, if anyone would have questions the only avenue would be file as candidates have done so before.
Once again, judge questioned the point at which they'll be able to inspect the paper trail. Mrs. Ramon explained that the paper trail would be the audit when they examine the recount, since this is the only time the election code give permission to pull the ballot image. However, when a person files a contest then that case goes in front of a district judge. She further explained that the ballot image is the actual ballot inside the electronic voting equipment.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.5.A
Mrs. Ramon informed that they have been working with two different vendors, ES&S and Hart intercivic. They've held several workshop where both vendors and community attended. Mrs. Ramon commented that after a year of workshops they concluded that Hart intercivic is a better option for Hidalgo County. No major changes would have to be made, and the administrative side accepts the new machines.
Regarding paper trail Mrs. Ramon explained that whether there was a paper trail or not, there would be a need to file a contest. The election code gives a candidate or a contestant the opportunity to recount. On the same regard, Judge Garcia questioned if the machine has the ability to provide a paper trail. Mrs. Ramon explained that regardless of the vendor or the electronic vending machine Hidalgo County is an electronic voting county, paper trail is not part of. The judge asked at what point they'll be able to inspect the paper trail. Mrs. Ramon commented that the paper trail would be the audit, because that's the only time when the election code allows to pull the ballot image so that the candidate or anyone can examine and recount the votes. Therefore, if anyone would have questions the only avenue would be file as candidates have done so before.
Once again, judge questioned the point at which they'll be able to inspect the paper trail. Mrs. Ramon explained that the paper trail would be the audit when they examine the recount, since this is the only time the election code give permission to pull the ballot image. However, when a person files a contest then that case goes in front of a district judge. She further explained that the ballot image is the actual ballot inside the electronic voting equipment.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.5.A
Attachments:
14.
WIC:
A.
AI-54970
Requesting Ratification for Form A: 2017 Renewal Application Special Supplemental Nutrition Program for the Women, Infant and Children (WIC).
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.16.A.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.16.A.
Attachments:
15.
Precinct #1 - Comm. Cuellar:
A.
AI-55025
Consideration and approval of Resolution honoring the Weslaco High Girls Softball Team
Commissioners Court together with Precinct 1, Commissioner Cuellar, honored the outstanding Weslaco High School Lady Panthers Varsity Softball Team who reached the UIL State Semi-Finals in 2016.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.13.A.
Commissioners Court together with Precinct 1, Commissioner Cuellar, honored the outstanding Weslaco High School Lady Panthers Varsity Softball Team who reached the UIL State Semi-Finals in 2016.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.13.A.
Attachments:
16.
Budget & Management:
A.
AI-55010
Approval of cost of issuance budget for Certificates of Obligation, Series 2016.
Mr. Valde Gerra notified that for purposes of Items.16.A. and specially Item.16.B. these are in reference to the Certificates of Obligation, Series 2016. The issue regarding this item was that they were required to have a vote of 4, they checked with the bond counsel and with the underwriters. They were directed to have Commissioners Court take action as a body given that there's a quorum, then next week have the same action item for ratification of the vote to be taken today. This will satisfy the underwriter requirements.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court was not aware of first action and second action was taken.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Court proceeded to Item.24.
Mr. Valde Gerra notified that for purposes of Items.16.A. and specially Item.16.B. these are in reference to the Certificates of Obligation, Series 2016. The issue regarding this item was that they were required to have a vote of 4, they checked with the bond counsel and with the underwriters. They were directed to have Commissioners Court take action as a body given that there's a quorum, then next week have the same action item for ratification of the vote to be taken today. This will satisfy the underwriter requirements.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court was not aware of first action and second action was taken.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Court proceeded to Item.24.
Attachments:
B.
AI-54987
Consider and approve an order authorizing the issuance, sale and delivery of Hidalgo County, Texas Certificates of Obligation, Series 2016; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County’s parks as authorized pursuant to Chapter 320, Local Government Code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto.
Mr. J. Ramirez requested to pass this item until the end of the agenda, and during recess visit with the bond counsel.
Judge Garcia informed Mr. Ramirez that court would not be taken recess as they started late.
Mr. Sergio Cruz explained that they were looking to delay until further into the agenda.
Court proceeded to Item.16.C.
Commissioner Cantu joined the meeting.
Mr. Cruz informed that bonds were prized yesterday and the total is of $35,045,000.00 and expect delivery date of July 12, 2016.
Judge Garcia made clear that present are Precinct 1, Commissioner Cuellar, Precinct 2, Commissioner Cantu and Precinct 3, Commissioner Flores.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
RECORD VOTE:
AYE: Commissioner Joe M. Flores, Pct.3.
AYE: Commissioner A.C. Cuellar, Pct.1
AYE: Commissioner Eduardo "Eddie" Cantu, Pct.2
AyE: Hidalgo County Judge Ramon Garcia
Nay:
Commissioner Joseph Palacios was not present for the record vote.
Mr. Noe Hinojosa informed that the borrowing rate is of 2.74% over 20 years.
Court proceeded to Item.16.A.
Mr. J. Ramirez requested to pass this item until the end of the agenda, and during recess visit with the bond counsel.
Judge Garcia informed Mr. Ramirez that court would not be taken recess as they started late.
Mr. Sergio Cruz explained that they were looking to delay until further into the agenda.
Court proceeded to Item.16.C.
Commissioner Cantu joined the meeting.
Mr. Cruz informed that bonds were prized yesterday and the total is of $35,045,000.00 and expect delivery date of July 12, 2016.
Judge Garcia made clear that present are Precinct 1, Commissioner Cuellar, Precinct 2, Commissioner Cantu and Precinct 3, Commissioner Flores.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
RECORD VOTE:
AYE: Commissioner Joe M. Flores, Pct.3.
AYE: Commissioner A.C. Cuellar, Pct.1
AYE: Commissioner Eduardo "Eddie" Cantu, Pct.2
AyE: Hidalgo County Judge Ramon Garcia
Nay:
Commissioner Joseph Palacios was not present for the record vote.
Mr. Noe Hinojosa informed that the borrowing rate is of 2.74% over 20 years.
Court proceeded to Item.16.A.
Attachments:
C.
AI-54938
Discussion, consideration, and acceptance of Texas Division of Emergency Management (TDEM) Public Assistance subgrant award (including all grant terms and conditions), with authority for the County Judge to sign all required documents, for FEMA Public Assistance Grant 4223, Severe Storms, Tornadoes, Straight-line Winds, and Flooding for the following FEMA Project Number:
| FEMA Project Number | Total Subgrant Award | Federal Cost Share (75%) |
Local Cost Share (25%) |
| PA-06-TX-4223-PW-1905 | 969,570.54 | 727,177.91 | 242,392.63 |
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
D.
Interfund transfers:
1.
AI-54998
TXDOT-PCT1 US83 ILLUMINATION (1315):
Approval of 2016 interfund transfer from R&B CW Adm-Contingency (1200) to TxDOT Pct 1 US83 Illumination (1315) in the amount of $25,000.00 to fund invoices for the TxDOT Illumination project.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Approval of 2016 interfund transfer from R&B CW Adm-Contingency (1200) to TxDOT Pct 1 US83 Illumination (1315) in the amount of $25,000.00 to fund invoices for the TxDOT Illumination project.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
17.
Purchasing Department:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
A.
Hidalgo County
1.
AI-54995
Discussion, consideration and action on various projects in connection with the design and construction of a new courthouse, including, but not limited to:
A. Acceptance and approval of the RFQ [drafted/developed by Hon. Hawkins & Peden, Porter Hedges, LLP] for: Professional Program Management Services for the new courthouse project [sent to Hon. S. Crain for review and comment as to form at request of Judge Garcia];
B. Authority to advertise the RFQ: Professional Program Management Services with direction as to extent of publishing sites;
C. Options to Hidalgo County as to how to procure the following services related to insurances and bonds for the new courthouse project;
a. Insurance Consultant with expertise in Owner Controlled Insurance and Bond Programs:
1. Exemption from competitive bidding requirement for professional service of a qualified and experienced insurance agent [certified and licensed by State Dept. of Insurance] to develop, draft and advise HC on the specifications for the purchase of OCIP and Bond Program subject to legal counsel's position on same;
2. Procure the Insurance Consultant Services through an Request for Proposals by publication of same;
3. Procurement of an Owner Controlled Insurance Program as drafted and developed through a consultant;
Mrs. Salazar informed that no action was to be taken on this item, as they are not ready to approve the final draft of the RFQ for the program manager and any related issues.
Judge Garcia commented that they were under the understanding that they'll be able to do the request for qualifications as supposed to selection from the pool. Mrs. Salazar agreed with the judge and stated that this is the direction they are going. What's more, they still need to finalize the packet itself with issues that were discussed at the workshop, they also need the candidates or nominees to exempt a consultant to advice on the method or type of insurance for the contractors and for the county courthouse as a whole. She reported that Mr. Crain is currently working on finding a candidate.
Court took no action on Item.17.A.1 A to C.3.
A. Acceptance and approval of the RFQ [drafted/developed by Hon. Hawkins & Peden, Porter Hedges, LLP] for: Professional Program Management Services for the new courthouse project [sent to Hon. S. Crain for review and comment as to form at request of Judge Garcia];
B. Authority to advertise the RFQ: Professional Program Management Services with direction as to extent of publishing sites;
C. Options to Hidalgo County as to how to procure the following services related to insurances and bonds for the new courthouse project;
a. Insurance Consultant with expertise in Owner Controlled Insurance and Bond Programs:
1. Exemption from competitive bidding requirement for professional service of a qualified and experienced insurance agent [certified and licensed by State Dept. of Insurance] to develop, draft and advise HC on the specifications for the purchase of OCIP and Bond Program subject to legal counsel's position on same;
2. Procure the Insurance Consultant Services through an Request for Proposals by publication of same;
3. Procurement of an Owner Controlled Insurance Program as drafted and developed through a consultant;
Mrs. Salazar informed that no action was to be taken on this item, as they are not ready to approve the final draft of the RFQ for the program manager and any related issues.
Judge Garcia commented that they were under the understanding that they'll be able to do the request for qualifications as supposed to selection from the pool. Mrs. Salazar agreed with the judge and stated that this is the direction they are going. What's more, they still need to finalize the packet itself with issues that were discussed at the workshop, they also need the candidates or nominees to exempt a consultant to advice on the method or type of insurance for the contractors and for the county courthouse as a whole. She reported that Mr. Crain is currently working on finding a candidate.
Court took no action on Item.17.A.1 A to C.3.
Attachments:
2.
AI-54854
A. Authority to advertise an Request for Proposal and approval of procurement packet RFP-#2016-235-07-27 as developed and drafted [with cooperation and input by Hidalgo County staff: Budget Office, Benefits & Purchasing Depts.] by Gary Looney from Hidalgo County's Group Health Program consultants, Brown & Brown Lone Star Insurance Services, dba, Alamo Insurance Group;
Mrs. Salazar commented that the issue that Mr.Looney will need within this approval would be the release of the RFP with the permission to allow agents or not. She reminded the court that in the past the county has allowed up to 2 agents.
In regards to the agents, Mr. Cruz explained that the agents usually only assist during the enrollment period. Judge Garcia questioned their role in regards to any claims. Mr. Cruz stated that those claims are commonly handled by the Employee Benefit Division. Mr. Cruz commented that employees call the office directly for guidance.
Mrs. Salazar notified that they also work through Ms. Letty Garcia from Alamo Insurance however, she's a consultant not an agent.
Commissioner Flores inquired on the salary for the agents. Mr. Cruz informed that the agents get paid $80,000
Mr. Cruz disclosed that they do not believe they need the agents, stating that they rather use that money for a wellness coordinator that could serve the county. On that regard, the judge informed of his interest to speak to Mrs. Flora Vasquez as she is the one responsible. Mr. Cruz assured the judge that he and Mr. Looney have discussed this matter with Mrs. Vasquez and feel strong about not needing the agents. Once more Judge Garcia expressed his desire to speak with Mrs. Vasquez.
Mr. Looney mentioned that he needed to start the process, and that this part of the contract can be discussed later. Mentioning that they need to get the basic RFP out.
Mrs. Salazar clarified that Mr. Looney's request to take action is the basic RFP without mentioning of either agent or no agent, and will have to be sent out through an addendum once the court approves. Mr. Guerra recognized the comments made by Mrs. Salazar but emphasized that there's a timeline to be follow and the addendum can be done later. Commissioner Flores questioned Mrs. Salazar as to how the action should read. On that regard, Mrs. Salazar stated that they're going to be approving it without that the component, as to whether Hidalgo County is going to include agents or no agents. If next week the court decides to include agents, then they'll sent it to Mr. Looney.
Mrs. Salazar mentioned that it will be without agents as of now.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval without agents as of now.
Vote: 3 - 0 - Unanimously
Mr. Guerra remarked that next week agenda item, if there's action not to include agents because it would have to be issue through an addendum.
Mrs. Salazar requested action on authority to advertise for the RFQ.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B. Acceptance and approval of a Non-disclosure Form for the purpose of data gathering from Hidalgo County's current Prescription Benefit Manager-PBM. Prime Therapeutics with authority for County Judge to execute.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Mr. Valde Guerra took the time to clarify the confusion over the Open Forum and Public Participation Forms. He restated that the Public Participation Form is the exhibit for the Open Forum and its purpose is to document the agenda item, with any comments for or against a statement with the purpose to document at the County Clerk's Office. Mr. Guerra explained that the current signing sheet included names of participants who did not disclosed a concern or particular item. He emphasized that the Public Participation Form has a notice stating that this is part of the Open Forum, including the same language with respect to the rules of the 3 minutes time limit. Mr. Guerra informed that if there's more than five individuals its treated as a group. Again, he clarified to the public that the Participation Form is the exhibit document to the agenda item and to record at the County Clerk's Office. However, according to Mr. Guerra if the county judge given the topic decides to acknowledge an individual during that specific topic, it is permitted.
Judge Garcia stated that due to the confusion he would allow Mr. Frank Traver to speak during this item.
Mr. Traver commented that his only purpose for the participation is to be helpful. Regarding the wrap-up insurance or the owner control insurance programs, he stated that there's a lot of information on these two items. Notifying that wrap-up insurance may cut the cost in half, if each contractor pays its own. In terms of finding information there's a best practice procurement manual that he looked at for information, stating that part of the insurance manual could be very useful for projects of this magnitude. He suggested the court to consider this document.
Mrs. Salazar commented that the issue that Mr.Looney will need within this approval would be the release of the RFP with the permission to allow agents or not. She reminded the court that in the past the county has allowed up to 2 agents.
In regards to the agents, Mr. Cruz explained that the agents usually only assist during the enrollment period. Judge Garcia questioned their role in regards to any claims. Mr. Cruz stated that those claims are commonly handled by the Employee Benefit Division. Mr. Cruz commented that employees call the office directly for guidance.
Mrs. Salazar notified that they also work through Ms. Letty Garcia from Alamo Insurance however, she's a consultant not an agent.
Commissioner Flores inquired on the salary for the agents. Mr. Cruz informed that the agents get paid $80,000
Mr. Cruz disclosed that they do not believe they need the agents, stating that they rather use that money for a wellness coordinator that could serve the county. On that regard, the judge informed of his interest to speak to Mrs. Flora Vasquez as she is the one responsible. Mr. Cruz assured the judge that he and Mr. Looney have discussed this matter with Mrs. Vasquez and feel strong about not needing the agents. Once more Judge Garcia expressed his desire to speak with Mrs. Vasquez.
Mr. Looney mentioned that he needed to start the process, and that this part of the contract can be discussed later. Mentioning that they need to get the basic RFP out.
Mrs. Salazar clarified that Mr. Looney's request to take action is the basic RFP without mentioning of either agent or no agent, and will have to be sent out through an addendum once the court approves. Mr. Guerra recognized the comments made by Mrs. Salazar but emphasized that there's a timeline to be follow and the addendum can be done later. Commissioner Flores questioned Mrs. Salazar as to how the action should read. On that regard, Mrs. Salazar stated that they're going to be approving it without that the component, as to whether Hidalgo County is going to include agents or no agents. If next week the court decides to include agents, then they'll sent it to Mr. Looney.
Mrs. Salazar mentioned that it will be without agents as of now.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval without agents as of now.
Vote: 3 - 0 - Unanimously
Mr. Guerra remarked that next week agenda item, if there's action not to include agents because it would have to be issue through an addendum.
Mrs. Salazar requested action on authority to advertise for the RFQ.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B. Acceptance and approval of a Non-disclosure Form for the purpose of data gathering from Hidalgo County's current Prescription Benefit Manager-PBM. Prime Therapeutics with authority for County Judge to execute.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Mr. Valde Guerra took the time to clarify the confusion over the Open Forum and Public Participation Forms. He restated that the Public Participation Form is the exhibit for the Open Forum and its purpose is to document the agenda item, with any comments for or against a statement with the purpose to document at the County Clerk's Office. Mr. Guerra explained that the current signing sheet included names of participants who did not disclosed a concern or particular item. He emphasized that the Public Participation Form has a notice stating that this is part of the Open Forum, including the same language with respect to the rules of the 3 minutes time limit. Mr. Guerra informed that if there's more than five individuals its treated as a group. Again, he clarified to the public that the Participation Form is the exhibit document to the agenda item and to record at the County Clerk's Office. However, according to Mr. Guerra if the county judge given the topic decides to acknowledge an individual during that specific topic, it is permitted.
Judge Garcia stated that due to the confusion he would allow Mr. Frank Traver to speak during this item.
Mr. Traver commented that his only purpose for the participation is to be helpful. Regarding the wrap-up insurance or the owner control insurance programs, he stated that there's a lot of information on these two items. Notifying that wrap-up insurance may cut the cost in half, if each contractor pays its own. In terms of finding information there's a best practice procurement manual that he looked at for information, stating that part of the insurance manual could be very useful for projects of this magnitude. He suggested the court to consider this document.
Attachments:
3.
AI-54937
A. Status on procurement project #2016-158 [CC 04-19-16, R-AI#54249] RFP titled: "Professional Consulting Services for the Creation of a Healthcare and/or Hospital District":
1. 10 packets requested and distributed;2. Submission Date for responses to RFP: May 11, 2016 with NO responses received.
B. Cancellation of the project as originally solicited & titled: Professional Consulting Services for the Creation of a Health Care and/or Hospital District";
Mrs. Salazar commented that they needed action in order to closed as there was no responses.
Judge Garcia stated that if they do as Mrs. Salazar suggested then, each item they consider next would be exempting a professional that one of the commissioners visited with, The Wertz Group. Implying that he wasn't sure if any of the present court members knew anything about the Wertz Group. The judge articulated that it was important to hear from the individual who met with the Wertz representative to discuss any concerns over their scope of services, qualifications and experience. Again the judge suggested to wait until the entire court could be present.
Mrs. Salazar implied the possibility that Commissioner Cantu has yet to speak with Mrs. Wertz, according to her the commissioner has only met with Ms. Patricia Brown and Ms.Stacy. Ms. Brown is the current Director for Travis County Health Care Services District and is not part of the Wartz Group. Mrs. Salazar informed that Mrs. Wartz is a qualified consultant who does not work with health care district. Mrs. Wartz is being consider only to write the scope of work, to a consultant that will provide Hidalgo County with what Commissioner Cantu and himself have requested. Information being factual information regarding two options. One being in the event the health district would be place on a ballot. Second, against what Hidalgo County currently has under the indigent health program. Judge Garcia commented that last time he spoke with Mrs. Salazar and Commissioner Cantu, he advised that if they put up a presentation he would go along with it. Once more Judge Garcia suggested taking no action as Commissioner Cantu wasn't present. Mrs. Salazar advised that any delays would postpone the writing of the scope of work. She also reminded the judge that they had set a deadline for September 1, to be able to provide a deliverable by the consultant that would eventually be selected.
Again, the judge suggested not to take action on these items.
Mrs. Virginia Townsand commented that the county is paying for a consultant they've already voted no on. She claimed that people are bothered by the persistence to keep bringing this item back until it passes. Mrs. Townsand argued that tax payers already voted against it, yet keeps coming back. With regards to Mrs. Townsand comments the judge reported that this was proposed as a benefit to the tax payers. The judge solicited waiting on the rest of the commissioners to discuss the matter.
Regarding the matter of the Participation Form process, Mrs. Townsand voiced her disagreement as to the procedures. Mr. Valde Guerra assured that the procedures are clear, and has received calls over the facial expressions by the public participants. He made certain that the language is enclosed with reference to Open Forum. Mr. Guerra assured that the would work to make it clear.
Mrs. Norma Saldaña related a message to the court claiming that people are asking the county to stop spending money under the assumption that they'll be getting a petition.
Mrs. Fern McClaugherty referenced the 10 packets that were requested and distributed, and did not received any. She claimed that the court is pushing the consultant.
C. Requesting an order granting exemption from competitive bidding requirements, under TxLGC, Chapter 262.24(a)(4), a professional service;
D. Acceptance of the credentials/proposed scope of services and fee schedule from Linda Wertz, DBA, The Wertz Group, LLC as qualified to engage to render services to develop, draft and provide the core HC-Exhibit B [Requirements, Scope of Tasks/Services/Work, Qualifications and Experience] for a Request for Proposals titled: "Provide Hidalgo County Residents Facts of the Operation of a Possible Creation of a Health Care District" [and facts on the current HC Indigent Health Services Program].
Court took no action on Item.17.A.3. A to C.
Court took no action on Item.17.A.3. A to C.
Attachments:
B.
Pct. 1
1.
AI-54976
A. Pursuant to Legal Notice #2, requesting waiving of the technicality that the "SUMMARY OF INSURANCE: VEHICLE INFORMATION" page submitted w/bid on 05-04-16 [by bidder Benchmark Utility Contractors, Inc., dba, Centex Trucking]be SUBSTITUTED for one attached so as to reflect a complete ACORD-CERTIFICATE OF LIABILITY INSURANCE document as it is in the best interest of Hidalgo County to do so given the pricing received for the hauling services;
Mrs. Salazar informed that when the bid was received the accord form of insurance was submitted properly, having a item of schedule autos the insurance company gave the bidder a schedule of autos that belonged to another policy. Therefore, they are asking the court to waive that technicality because of the pricing.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Mrs. Salazar informed that when the bid was received the accord form of insurance was submitted properly, having a item of schedule autos the insurance company gave the bidder a schedule of autos that belonged to another policy. Therefore, they are asking the court to waive that technicality because of the pricing.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B. Presentation of the responsible vendor submitting the lowest and best bid [and meeting all specifications and/or requirements as detailed in the documentation contained herein] for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County - Precinct 1 - "Hauling Of All Road Materials" through project No.: 2016-159-05-04-FAZ to Benchmark Utility Contractors, Inc., dba, Centex Trucking.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
C.
Pct. 2
1.
AI-55016
Pursuant to contract#C-16-218-05-25 with L&G Consulting Engineers, Inc. (Article 14), a request for approval by engineer to permit the subcontracting of Leonel Garza Jr, & Associates LLC in connection with Work Authorization No. 1 for the Pct 2 Rancho Blanco Road Project.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
2.
AI-55014
Approval of Work Authorization No. 1 (with an estimated cost of $10,458.00) as submitted by Millennium Engineers Group, Inc., Contract No. C-16-207-05-10 to provide construction materials engineering and testing services for the Pct 2 Sam Houston (Stewart-Cesar Chavez) Road Project.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
3.
AI-55006
a. Acceptance and approval to execute the final form of a professional engineering services agreement (subject to legal counsel's review) with L&G Consulting Engineers Inc. for "Yuma Avenue Extension Project," for Pct. #2, [as approved for negotiations on CC 5/10/16] and subject to compliance with HB23 and HB1295 [if and when applicable];
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $24,369.72) as submitted by project engineer, L&G Consulting Engineers, to provide "ROW Support Services and Asbestos Abatement for the Yuma Ave Extension Project" through Contract# C-16-258-06-14.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
c. Pursuant to current contract with L&G Engineering (Article 14), a request for approval by engineer to permit the subcontracting of George Jaime Salazar II dba Appraisal Haus and Professional Appraisal Services, Inc. in connection with C-16-258-06-14 for Yuma Avenue Extension Project.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $24,369.72) as submitted by project engineer, L&G Consulting Engineers, to provide "ROW Support Services and Asbestos Abatement for the Yuma Ave Extension Project" through Contract# C-16-258-06-14.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
c. Pursuant to current contract with L&G Engineering (Article 14), a request for approval by engineer to permit the subcontracting of George Jaime Salazar II dba Appraisal Haus and Professional Appraisal Services, Inc. in connection with C-16-258-06-14 for Yuma Avenue Extension Project.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
18.
Open Forum
1) Mrs. Opal Billman emphasized that she is the widow of Mr. Joe Billman as he died before their divorce. According to Mrs. Billman, in 1996 the court presiding over their divorce case determined that their property was access land with no value. She stated that Mr. Billman petitioned for a fair division of their community property. As per Mrs. Billman, on th frontage of North Shary Rd. the community property belonging to them has been commercialize. The people buying the land claim they have bought the land from corporations. Mrs. Billman affirmed that she has been requesting for the court to examine the case and explain the actions.
2) Mrs. Fern McClaughety addressed the item regarding the resolution under the Elections Department. She reported that the State of Texas does not allow paper, and suggested the court to speak with State Senator Jesus "Chuy" Hinojosa to change the ruling to have paper. Regarding the elections building, she restated that the building is not safe and there's not enough parking for employees or the public. Additionally, commenting to the judge that his office parking lot is not open to the public as there's a sign stating that parking is for customers only.
3) Mrs.Norma Saldaña restated to the court about the impact that the health care district will have on the poor citizens of Hidalgo County.
Regarding the comments made by Mrs. Saldaña, Judge Garcia assured that they do not have anything to do with that. The judge explained that the legislature passed the law and the governor signed it. Commissioners Court has no choice but to follow the law and if someone presents a list with at least 50 signatures they have to abide by it.
4) Javier Ruiz thanked Commissioners Court for allowing the public to participate in Open Forum.
5) Doctor Adams commented over the requests she has previously made to fix potholes around her home. Now according to Dr. Adams there's an open ditch that's being built in front of her 1.5 parcel. The ditch is being placed on an easement that was never paid for. Accordingly stating that there's 15 ft. of right of way for the irrigation department. In spite of it all she's still paying taxes on all 1.5 acres. it is now that the Appraisal District is claiming her property to be .9 acres, she assured that the parcel is 1/3 of an acre that's being taken away without any recompense.
6) Mr. Roy Aleman spoke on behalf of Ms. Vanessa Tijerina, regarding the Health District he mentioned that its presumed that veterans will be getting a wing in the hospital. According to Mr. Aleman veterans don't want a wing inside a hospital, they need their own VA hospital. The veteran pleaded the court to not approve the Health Care District.
Once more, Judge Garcia restated that Commissioners Court has nothing to do with the Health Care District. It is not up to the court to approve or denied, the court has no choice to but to put it on the ballot as they are only following the law implemented by the Senators and State Representatives. The judge assured they are not pushing for any creating on the district.
1) Mrs. Opal Billman emphasized that she is the widow of Mr. Joe Billman as he died before their divorce. According to Mrs. Billman, in 1996 the court presiding over their divorce case determined that their property was access land with no value. She stated that Mr. Billman petitioned for a fair division of their community property. As per Mrs. Billman, on th frontage of North Shary Rd. the community property belonging to them has been commercialize. The people buying the land claim they have bought the land from corporations. Mrs. Billman affirmed that she has been requesting for the court to examine the case and explain the actions.
2) Mrs. Fern McClaughety addressed the item regarding the resolution under the Elections Department. She reported that the State of Texas does not allow paper, and suggested the court to speak with State Senator Jesus "Chuy" Hinojosa to change the ruling to have paper. Regarding the elections building, she restated that the building is not safe and there's not enough parking for employees or the public. Additionally, commenting to the judge that his office parking lot is not open to the public as there's a sign stating that parking is for customers only.
3) Mrs.Norma Saldaña restated to the court about the impact that the health care district will have on the poor citizens of Hidalgo County.
Regarding the comments made by Mrs. Saldaña, Judge Garcia assured that they do not have anything to do with that. The judge explained that the legislature passed the law and the governor signed it. Commissioners Court has no choice but to follow the law and if someone presents a list with at least 50 signatures they have to abide by it.
4) Javier Ruiz thanked Commissioners Court for allowing the public to participate in Open Forum.
5) Doctor Adams commented over the requests she has previously made to fix potholes around her home. Now according to Dr. Adams there's an open ditch that's being built in front of her 1.5 parcel. The ditch is being placed on an easement that was never paid for. Accordingly stating that there's 15 ft. of right of way for the irrigation department. In spite of it all she's still paying taxes on all 1.5 acres. it is now that the Appraisal District is claiming her property to be .9 acres, she assured that the parcel is 1/3 of an acre that's being taken away without any recompense.
6) Mr. Roy Aleman spoke on behalf of Ms. Vanessa Tijerina, regarding the Health District he mentioned that its presumed that veterans will be getting a wing in the hospital. According to Mr. Aleman veterans don't want a wing inside a hospital, they need their own VA hospital. The veteran pleaded the court to not approve the Health Care District.
Once more, Judge Garcia restated that Commissioners Court has nothing to do with the Health Care District. It is not up to the court to approve or denied, the court has no choice to but to put it on the ballot as they are only following the law implemented by the Senators and State Representatives. The judge assured they are not pushing for any creating on the district.
Attachments:
19.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
A.
Real Estate Acquisition
Court took no action on this item.
Court took no action on this item.
B.
Pending and/or potential litigation
Court took no action on this item.
Court took no action on this item.
C.
AI-54952
CL-14-2804-E; Frank Salazar Vs Juan Ramos Individually, AKA Juan Ramos, D.B.A. El Valle Mobile Home Transportation
Court took no action on this item.
Court took no action on this item.
D.
AI-54954
Claim of Julio Ledezma
Court took no action on this item.
Court took no action on this item.
20.
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B. Requesting engagement with the firm of Preston Henrichson for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
As per Mr. Guerra, in specific to the inclusion of former Constable Gilberto Alaniz, Precinct 2.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.21.D.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B. Requesting engagement with the firm of Preston Henrichson for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
As per Mr. Guerra, in specific to the inclusion of former Constable Gilberto Alaniz, Precinct 2.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court proceeded to Item.21.D.
21.
Open Session:
A.
Real Estate Acquisition and appropriation for same
Court took no action on this item.
Court took no action on this item.
B.
Pending and/or potential litigation
Court took no action on this item.
Court took no action on this item.
C.
AI-54953
CL-14-2804-E; Frank Salazar Vs Juan Ramos Individually, AKA Juan Ramos, D.B.A. El Valle Mobile Home Transportation
Mr. Guerra informed that this was a claim being facilitated by the law firm of Preston Henrichson. There has been a petition to include a former constable.
Court proceeded to Item.20.A.
Mr. Guerra informed that this was a claim being facilitated by the law firm of Preston Henrichson. There has been a petition to include a former constable.
Court proceeded to Item.20.A.
D.
AI-54955
Claim of Julio Ledezma
Mr. Guerra requested for settlement authority to make an offer in the amount of $794.99
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court recessed at 11:35 a.m. until 3:30 p.m. pending Item.16.B.
Court reconvened Drainage District Meeting.
Mr. Guerra requested for settlement authority to make an offer in the amount of $794.99
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Court recessed at 11:35 a.m. until 3:30 p.m. pending Item.16.B.
Court reconvened Drainage District Meeting.
22.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
Court took no action on this item.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
Court took no action on this item.
23.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
Court took no action on this item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
Court took no action on this item.
24.
Adjourn
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 14th day of June, 2016
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Norma G. Cantu, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on June 14, 2016.
Signed this 14th day of JUNE 2016
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 14th day of June, 2016
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Norma G. Cantu, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on June 14, 2016.
Signed this 14th day of JUNE 2016
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy