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Minutes for CC - REGULAR

SPECIAL MEETING - August 23, 2016

BE IT REMEMBERED, that on this 23rd day of August 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 EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

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
August 23, 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

All members of the court were in attendance.
 
2.
 
Pledge of Allegiance

Judge Garcia led the courtroom in reciting the pledge.
 
3.
 
Prayer

Mrs. Virginia Townsand led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

Court approved the consent agenda for the exception of Items.2.G., 3.C. and 11.D. to be pulled for discussion.
 
5.
 
County Judge's Office:
 
A.
AI-55827
Proclamation Declaring September as Valley Voter Awareness Month to encourage Hidalgo County residents to register to vote for the November 8, 2016 General Election and to exercise their right to vote with a presentation by AACT NOW.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 5 - 0 - Unanimously

Mr. Alberto Morales, AACT NOW, encouraged the public to participate in the next election. 
 
B.
AI-55996
Appointment of board member to represent the County of Hidalgo on the La Villa Tax Increment Reinvestment Zone Board of Directors.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to appoint Commissioner A.C. Cuellar. 

Vote: 5 - 0 – Unanimously
 
6.
 
Constables:
 
A.
AI-55914
Discussion, consideration and approval to appoint Alfredo Meza and Francisco Cruz as Reserve Deputy Constables by Constable, Martin Cantu, Constable Pct. 2 in accordance with Texas Local Government Code Section 86.012.

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: 5 - 0 - Unanimously
Attachments:
 
7.
 
Sheriff's Office:
 
A.
AI-55976
1.  Acceptance of the donation of one (1) 2002 Ford E350 Ambulance from the Hidalgo County Emergency Service Foundation and upon acceptance, for the assignment of asset number and inclusion in the HCSO inventory list.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 5 - 0 - Unanimously

2.  Acceptance of the donation of ten (10) Automatic External Defibrillators (AED) from the Hidalgo County Emergency Service
Foundation and upon acceptance, for the assignment of asset number for each and inclusion in the HCSO inventory list. 

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: 5 - 0 - Unanimously

Program Coordinator, Deputy Daniel Fuentes spoke about the unique in-house training they are able to provide.

Commissioner Palacios acknowledged the generous donation.
Attachments:
 
B.
AI-55939
 1.  Approval of Memorandum of Understanding between the Hidalgo County Sheriff's Office and other local, state, and federal law enforcement agencies to cooperate and collaborate in the Rio Grande Valley Texas Anti-Gang Center (RGV TAG). 

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: 5 - 0 - Unanimously

2.  Authorization for County Sheriff, as authorized law enforcement official, to sign agreement.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
8.
 
Executive Office:
 
A.
AI-55990
1.  Appointment of Civil Service Commission Member (Pct. 2)

Commissioner Cantu designated Julian Ivarra.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

2.  Re-appointment of Civil Service Commission Member Mickey Rabinovich (Pct. 4)

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-55992
Appointment of Representative and Alternate to the Amigos Del Valle Board for 2016-2017

Court took no action on this item.
Attachments:
 
C.
AI-55908
Requesting approval of fuel reimbursement in the amount of $22.05 to Martin Ramirez due to fuel card not working, with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor


On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
D.
AI-55902
Requesting permission from The Edinburg Pro-Life Committee to utilize the open forum area on courthouse grounds for a Prayer Rally on Saturday, October 1, 2016 from 9am to 12pm

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
9.
 
Human Resources:
 
A.
AI-55856
Drainage Improvement Project (1200):
1. Discussion, consideration, and approval of the following personnel actions, effective next full pay period, 09/05/2016:
 
Action Department Slot# Position Title Current
Budgeted
Salary
Proposed
Budgeted
Salary
Delete 124-036 0034 Equipment Operator II $31,418.00 $0.00
Create 124-036 0037 Equipment Operator I $0.00 $28,672.00

Mr. Silguero corrected the information for the position of Equipment Operator I, should be Pipe Layer/Fitter.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval with correction.

Vote: 5 - 0 - Unanimously

2. Approval to revise the salary schedule(s) in accordance with Commissioners' Court action.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-55931
Texas Agrilife Ext. (1100):
1. Requesting waiver of the Budget Amendment Policy – Personnel - Related Amendments.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously 

2. Discussion, consideration, and approval of the following personnel actions, effective 08/29/16:
 
Action Dept. /
Program
Slot# Position Title Current
Budgeted
Salary
Proposed
Budgeted
Salary
Delete 380-001 0012 Administrative Assistant II $28,937.00 $0.00
Create 380-001 0015 Program Coordinator I $0.00 $41,200.00


On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously 

3. Approval to waive posting, hiring and enrollment procedures and fill the Program Coordinator I, Slot #0015 position pursuant to Section 3.49 of the Civil Service Commission Rules, effective 08/29/2016. 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 5 - 0 - Unanimously

4. Approval of interdepartmental transfer.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously 

5. Approval to revise the salary schedule in accordance with Commissioners' Court action.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded, audio recording unattainable. 

Vote: 5 - 0 – Unanimously

Commissioner Flores stepped away from the meeting.
 
10.
 
Health & Human Services Department:
 
A.
AI-55924
1.  Requesting approval to accept the CPS/EBOLA grant contract amendment #2015-003624-01.  The purpose of the amendment is to amend certain contractual language, increase the award amount by $33,700.00 and extend the contract term to June 30, 2017.  

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously

2.  Requesting approval for County Judge to e-sign the CPS/EBOLA contract amendment. 

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

3.  Requesting approval of the Certification of Revenue in the amount of $33,700.00. 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously

Commissioner Flores joined the meeting.

4.  Requesting approval of the budget appropriation.

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: 5 - 0 - Unanimously
 
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.
 
2.
AI-55917
A. Discussion, consideration and approval to draw down funds for Demonstration Year 5 UC Payments in the amount to be determined by HHSC instructions from the Local Provider Participation Fund (LPPF) with a settlement date of 9/1/16.

Mr. Olivarez stated that the settlement date is of September 9, 2016.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 5 - 0 - Unanimously

B. Approval of Certification of Revenues as certified by the County Auditor from the LPPF in the amount to be determined by HHSC instruction.

Mr. Olivarez informed that as of now, they have $27,193,824.47 in the fund and are being collected. The federal government has given authorization to use up to $48,241,427.37 at the will and subject of the federal government. 

Additionally, he noted that hospitals pay a fee. The biggest contributors are the five main hospitals. Generating approximately $72 million.

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: 5 - 0 - Unanimously

C. Approval of 2016 Appropriation of funds from the LPPF in the amount to be determined by HHSC instructions.

Final figure to be determine by the state and federal government.

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: 5 - 0 - Unanimously
 
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.
 
11.
 
Urban County:
 
A.
AI-55940
 “Subject to Compliance with HB 1295 , when and if applicable.” The Urban County Program on behalf of City of Granjeno is requesting authority to purchase parks, recreational equipment/supplies through Hidalgo County’s membership and participation with Buyboard approved vendor Exerplay, Inc, (Buyboard Contract # 423-13) in the amount of $3,310.25 (quote attached hereto). Freight and installation are included in quote. City of Granjeno UCP Year 20 (2007) Parks, Recreational Facilities and Improvement funds will be utilized.

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: 5 - 0 - Unanimously
 
12.
 
Public Defender's Office:
 
A.
AI-55901
Discussion, consideration, and approval to appoint Elysha Nicole Garza, UTRGV Student as volunteer Public Defender Intern for the period of August 29, 2016 through January 13, 2017.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
13.
 
Auditor's Office:
 
A.
AI-55959
Approval to transfer fund balance of $222,812.29 from retired Debt Service Fund 1435 (Refunding Bonds, Series 2005) to Debt Service Fund 1438 (Refunding Bonds, Series 2007) and Debt Service Fund 1439 (Certificates of Obligation, Series 2009).

Commissioner Palacios stepped away.

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
Attachments:
 
14.
 
Planning Department:
 
A.
AI-55920
1. Preliminary Approval
a. Los Tres Encinos Subdivision- Pct. 3 (Rogelio Guerrero) (F.M. 676 & Schuerbach Road)
No. of Lots: 4 Single Family
Flood Zone: X
Drainage: Yes, reconstructed road side ditch.
ETJ: Yes, approved by City of Mission
Water: Yes, provided by Sharyland Water Supply Corporation
Sewer: Yes, Sanitary Sewer provided by City of Alton
Paved: Yes

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

Mr. T.J. Arredondo explained that Flood Zone (X) means moderate to minimum risk of a flood zone, at .2% of a chance. He stated that they no longer approve subdivisions in Flood Zone (A) which are higher risks. 

Commissioner Palacios joined the meeting.

b. Lago Delta Acres Subdivision- Pct. 1 (Joe D. Olivarez) (F.M. 88 & Charles Green Road)
No. of Lots: 13 Single Family
Flood Zone: X
Drainage: Yes, reconstructed road side ditches & drainage ditch widening.
ETJ: No, Rural Area.
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 5 - 0 - Unanimously

c. Lantana Acres No. 8 Subdivision- Pct. 1 (The Three Grandes, LTD) (Mile 22 ½ North Road & Engleman Gardens Road)
No. of Lots: 50 Single Family
Flood Zone: X
Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
ETJ: No, Rural Area.
Water: Yes, Provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

Commissioner Flores suggested to include who the developer is for each subdivision, as a measure of precaution for those who might need to abstain from voting.

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: 5 - 0 - Unanimously

2. Final Approval
a. Maravillas Estates Ph. 1 Subdivision- Pct. 1 (Elias Woloski) (Lott Road & Midway Road)
No. of lots: 80 Single Family
Flood Zone: B
Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
ETJ: Yes, approved by City of Donna
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

b. Terry Palms No. 3 Subdivision- Pct. 4 (Swak Properties, LLC.) (Terry Road & Ramseyer Road)
No. of Lots: 7 Single Family
Flood Zone: X
Drainage: Yes, reconstructed road side ditches.
ETJ: Yes, approved by City of Edinburg
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

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: 5 - 0 - Unanimously

c. San Jacinto Estates No. 9 Subdivision- Pct. 1 (Jacinto Garza) (Mile 12 ½ North Road & F.M. 88)
No. of Lots: 28 Single Family
Flood Zone: X
Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
ETJ: Yes, approved by City of Weslaco
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

d. San Patricio Subdivision- Pct. 1 (Richard Scurlock) (Walker Road & Victoria Road)
No. of Lots: 59 Single Family
Flood Zone: X
Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
ETJ: Yes, approved by City of Donna
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes

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: 5 - 0 - Unanimously

3. Final Approval with Financial Guarantee
a. Kenyon Vegas Ranches Subdivision- Pct. 4 (Garco, LTD) (Kenyon Road & Mile 19 North Road)
No. of Lots: 7 Single Family
Flood Zone: X
Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
ETJ: Yes, approved by City of Edinburg
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, Financial Guarantee 3 OSSF(S) & Sanitary Sewer provided by City of Edinburg.
Paved: Yes

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

b. Rio Vegas Ranches Subdivision- Pct. 4 (Richard A. Garza, LLC.) (Cesar Chavez & Mile 17 North Road)
No. of Lots: 17 Single Family
Flood Zone: X
Drainage: Yes, Reconstructed Road Side Ditch Drainage & Drainage Ditch widening.
ETJ: Yes, approved by City of Edinburg
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, Sanitary Sewer provided by City of Edinburg
Paved: Yes
Financial Guarantee: Yes, Irrigation Line Improvements

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

c. Ranchitos Escondidos Ph. 2 Subdivision- Pct. 4 (CWL Limited, By Three, L.L.C.) (Cesar Chavez Road & F.M. 2812)
No. of Lots: 43 Single Family
Flood Zone: X
Drainage: Yes, Road Side Ditch Drainage with outfall to Regional Detention Ponds.
ETJ: Yes, approved by City of Edinburg
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, Financial Guarantee 43 OSSF(S)
Paved: Yes

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: 5 - 0 - Unanimously

Mr. Raul Sesin informed that the Drainage District initially review the drainage, they have engineers on staff and work with developers to develop the means of a neighborhood. 
 
15.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-55973
Pct 2 Regional Linear Park Project (TxDot):
1. Approval of Advance Funding Agreement (AFA) between Hidalgo County and Texas Department of Transportation for Hidalgo County (Pct 2) Regional Linear Park Project Phase I from San Antonio Street to Ridge Road in San Juan and Pharr, Texas CSJ: 0921-02-365  with authority for the County Judge to sign required documentation.

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: 5 - 0 - Unanimously

2. Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $115,678.00 for the County's estimated share of direct state costs for preliminary engineering, environmental, and construction, for the Hidalgo County (Pct 2) Regional Linear Park Project, with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. (CSJ: 0921-02-365)

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: 5 - 0 - Unanimously
Attachments:
 
16.
 
Budget & Management:
 
A.
AI-55956
Discussion, consideration, and approval of mutual service agreement between Hidalgo County and the Hidalgo County Drainage District No. 1 for services to be provided by the County and to be reimbursed by the Drainage District as allowed under Section 2 of Interlocal Cooperation Agreement approved on April 22, 2008.

Court took no action on this item.
Attachments:
 
B.
AI-55826
Texas VINE Grant:
Discussion, consideration and approval to submit the FY2016 Texas VINE reimbursement maintenance invoice in the amount of $6,928.83 (Fourth Qtr.) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with the authority for County Judge to sign the required documents.

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: 5 - 0 - Unanimously
 
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).
 
A.
 
Hidalgo County
 
1.
AI-55848
Presentation of Sole Bid received from "Information Management Solutions" as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County-"Printing and Mailing of Post Cards (warrants and/or reminder) "through project No.: 2016-236-07-27-SMA.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
2.
AI-55994
Presentation of the final form of RFQ packet for the Program Manager in connection with the design and construction of a New Hidalgo County Courthouse [which includes, but is not limited to, the modifications detailed by CC at the meeting of 08-09-16 and incorporated by both Mr. Hawkins and Mr. Comiskey] so as to proceed with advertising of same unless any other changes are requested to any of the components of the packet [i.e. Qualifications, Scope of Services, Requirements, Insurances, Grading Sheets].

Commissioner Cuellar stepped away from the meeting.

Judge Garcia commented that there's still issues regarding this item. One, the certification requirements, the meaning of "local" and the insurance requirements. The judge mentioned that they agreed at a minimum of $5 million with the option of going up to $10 million. 

Commissioner Cuellar joined the meeting.

Judge stated that based on the search done by Mr. Leo, he was able to find two organizations that certified. The PMI and the CMAA, who get involved in the certifications and the educational background of the companies applying. Therefore, suggesting that perhaps they should consider a requirement to be certified, and place those 5 points into the evaluation. 

Commissioner Cantu questioned as to what certifications will be require to score the 5 points. Once more, the judge explained that the two companies capable of certifying are, The Public Management Institute and the Construction Manger Certification Institute. 

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: 5 - 0 - Unanimously

Court members ratified to Mrs. Letty Chavez that this will be approve with the changes listed. 

Judge Garcia mentioned that there're two statutes that prohibits the court from looking at professional services, qualifications and experience. As supposed to when they look at contractors, but when looking strictly at the professional, it's different. In regards, Mr. Crain added that there are two relevant statutes. The first one, is off the local government code, sec.271.908 and the other by the government code sec.2254 professional services procurement act. 

Again, Judge Garcia questioned Mr. Crain if they are allowed to award any points to the local when considering the evaluation for the program manager. Mr. Cain commented that they'll have to base their decision base on the qualifications and experience. Also, analyze how the term local comes into the qualifications and experience.

Regarding the 5 points for local, Commissioner Cantu suggested getting rid of it. Instead of getting rid of those 5 points, Commissioner Palacios suggested reassigning the points somewhere else. The commissioner recommended reassigning the points to item no. 4. Thereon, incorporating items 4 and 5 will equal 100 points. Mr. Leo reminded the members that even if they relocate the points, it will equal to 105 since there's a bonus. Commissioner Palacios favored leaving the total at 100 points. 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval at 100 points.

Vote: 5 - 0 – Unanimously
 
3.
AI-54712
 Requesting approval and authorization of procurement packet (i.e. specifications/requirements,& legal notice ) as attached hereto for: Hidalgo County - "Purchase of (12) Used 2012 or 2013 International and/or Kenworth Tractor Trucks and (12) Used 2012 Tytal and/or Global Vacuum Trailers" - through RFB No.: 2016-217- SGS. For a one (1) time purchase with acquisition/evidence through a properly processed submitted requisition and/or Purchase Order.  Including the re-advertising of project in the event No Bids received and/or are rejected and project is still required

Judge Garcia stepped away from the meeting.

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
 
B.
 
Pct. 2
 
1.
AI-56003
Approval of Work Authorization No. 3 (with an estimated cost of $4,777.00) as submitted by Millennium Engineers Group, Inc., Contract No. C-16-207-05-10 to provide geo technical testing services for Pct 2 Plena Vista Subdivision Road & Drainage Improvement Project.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously
 
2.
AI-55993
A. Acceptance and approval of Work Authorization No. 7 (with an estimated cost of $84,996.09) as submitted by project engineer, L&G Consulting Engineers, to provide illumination, landscaping, and irrigation layout services for the Pct 2 Regional Linear Park Project from San Antonio to Ridge Road through Contract#C-15-046-03-03.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously

B. Pursuant to current contract with L&G Consulting Engineer (Article 14), a request for approval by engineer to permit the subcontracting of Ergonomic Transportation Solutions, Inc. and B2Z Engineering, LLC in connection with C-15-046-03-03 for Pct 2 Regional Linear Park Project.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
3.
AI-55999
Acceptance and approval to execute the final form of a Professional Engineering Agreement with B2Z Engineering, for "On-Call for Professional Engineering Services (ON-CALL & AS NEEDED BASIS)," for Pct 2, and as approved for negotiations on CC 08/09/16 and subject to compliance with HB23 and HB1295 [if and when applicable];

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously
 
C.
 
Pct. 3
 
1.
AI-55894
Acceptance and approval of a Construction Contract document for Hidalgo County Precinct No. 3 for the " La Joya Watershed  Improvements (South Detention Basin)"-- (CC award of bid-AI #55574 on 08/09/2016) to L & G Construction Co., in the total amount of $4,645,975.00 for contract #C-16-161-08-09 (subject to legal review).

Mrs. Chavez informed that this item is subject to legal's final review and approval.

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: 4 - 0 - Unanimously
 
D.
 
Pct. 4
 
1.
AI-55947
Approval to purchase the following Bomag single Drum Vibratroy Compactor through the County's membership/participation with HGAC awarded vendor, Anderson Machinery (Contract #SM10-14) (req # 303323)  in the total amount of $ 105,422.00 Project #2016-318D-MEG


On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-55950
Approval to purchase the following 2016 Peterbilt 337 Grapple Brush Truck through the County's membership/participation with BuyBoard's awarded vendor, Rush Truck Center (Contract #430-13) (req. # 303344) in the total amount of $ 160,311.33 which includes shipping and a one time administration fee $400.00/Project #2016-318-MEG

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously
Attachments:
 
3.
AI-55882
Acceptance and approval of proposal received from H & V Equipment Services, Inc - Progresso, TX., awarded vendor through Hidalgo County's membership/participation with TASB BuyBoard Contract #424-13, for the purchase of:
A.  One [1] New-TEREX Skid Steer Loader [with attachments]; $64,042.71 (Req #303826) project # 2016-318E

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously

B.  Two [2] New-TEREX TLB 840R Backhoe Loader; $73,611.06 each for a total amount of $147,222.12 (Req. #303308) project #2016-318F

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

C.  One [1] New-Doosan DL250TC-3 Loader (with attachements) $178,204.10 (Req #303353) project #2016-318A

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

D.  One [1] New-Doosan DL250TC-3 Loader 154,623.62 (Req #303315)project # 2016-318B including, but not limited to, BuyBoard Fees & Delivery for use in proposed road improvements within Pct 4 through project#2016-318

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 4 - 0 - Unanimously
 
E.
 
Budget & Management
 
1.
AI-55927
Requesting approval of the final negotiated agreement# C-16-047-08-23 with Trapeze Software Group, Inc. dba Assetworks, LLC for the purposes of: “Structure Valuation & Insurance Appraisal for Hidalgo County Owned Real Estate Properties/Buildings (i.e. replacement) (effective 08/23/16 for a period of one (1) year) subject to compliance with HB23 and/or HB1295 [when and/or if applicable].

Previously awarded by cc on 07-19-16 (ai #55433); Contract# C-16-047-08-23.

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 recessed at 10:52 a.m. to open workshop.

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: 4 - 0 - Unanimously

Workshop recessed at 10:52 a.m. re-open court.
 

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: 4 - 0 - Unanimously
Attachments:
 
18.
 
Open Forum

1)
Fern McClaugherty mentioned the O.W.L.S. attendance to the Grievance Committee meeting held yesterday. Mrs. McClaugherty stated her opinion regarding the tax assessor's salary.

Judge Garcia joined the meeting.

2) Mr. Leo Santana resident of Sioux Estates Subdivision spoke about the urgency for public lighting in that neighborhood.

3) Juanita Basurto resident of Huisache Subdivision No.9 appeal to the court members with regards to the public lighting and the collection of trash in precinct 1.

4) Once more, Mrs. Billman disputed the outcome regarding her community property. According to Mrs. Billman, banks and people have used her property as collateral. Claiming that banks and developers have been advised not to build in her property. The building of real state in her community property has led to the issue of take over of their income producing private property. She demanded removing these buildings from the property.

5) Ramona Casas, ARISE, invited all court members to attend the first emergency conference put together for Cameron and Hidalgo County families. The conference will provide training on how to prepare for all emergencies.
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. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

Court took no action on this item.
 
B.
 
Pending and/or potential litigation

Court took no action on this item.
 
C.
AI-55964
C-3877-16-C; Esau Zuniga-Gallegos v Hidalgo County, Texas, Hidalgo County Drainage District, et al

Court took no action on this item.
 
D.
AI-55969
C-0929-12-F; Johnny Partian v Eddie Guerra Pct. 4 Constable, et al

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."

Commissioner Flores joined the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

B. Requesting engagement with the firm of Atlas Hall & Rodriguez for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295) in connection to Item.21.C.

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: 5 - 0 - Unanimously
 
21.
 
Open Session:

Commissioner Flores did not returned from Closed Session.
 
A.
 
Real Estate Acquisition and appropriation for same

Court took no action on this item.
 
B.
 
Pending and/or potential litigation

Court took no action on this item.
 
C.
AI-55965
C-3877-16-C; Esau Zuniga-Gallegos v Hidalgo County, Texas, Hidalgo County Drainage District, et al

Refer back to Item.20.A and B.
 
D.
AI-55970
C-0929-12-F; Johnny Partian v Eddie Guerra Pct. 4 Constable, et al

Mr. Guerra requested to issue check in the amount of $540.75 for court costs. 

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: 5 - 0 - Unanimously
 
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.
 
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.
 
24.
 
Adjourn

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: 5 - 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 23rd day of August, 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 August 23, 2016.

Signed this 23rd day of AUGUST 2016




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Norma G. Cantu, Deputy