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Minutes for CC - REGULAR

SPECIAL MEETING - September 6, 2016

BE IT REMEMBERED, that on this 6th day of September 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
September 6, 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 of Allegiance.
 
3.
 
Prayer

Mrs. Julia Sullivan led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

No concerns presented the consent agenda was approved.

Court proceeded to Item.17.A.
 
5.
 
County Judge's Office:
 
A.
AI-56209
Proclamation declaring September as Hunger Action Month to educate people about the role and importance of the Food Bank RGV and other food banks in addressing hunger and raising awareness. 

Commissioner Palacios stepped away from the meeting.

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
 
6.
 
District Attorney's Office:
 
A.
AI-56162
DA-Victim Coordinator and Liaison Grant (VCLG) (1281):
1. Approval of VCLG Grant Budget Adjustment and Modification Form for the second Fiscal Year (FY2017).

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

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: 4 - 0 - Unanimously
 
B.
AI-56081
DA Vehicle Theft (1221):
Approval of 2016 DA's Office Motor Vehicle Theft appropriation for fund 1221 DA VEH THEFT in the amount of $31.92.

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:
 
7.
 
Constables:
 
A.
AI-56166
Constable Pct. #3:
1. Discussion, consideration, and approval for Hidalgo County Constable Pct. 3's continued participation in Texas 1033 Surplus Property Program. 

Commissioner Palacios joined the meeting.

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: 5 - 0 - Unanimously

2. Authorization and approval for County Judge, as authorized official, to sign required documents.

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: 5 - 0 - Unanimously

3. Authorization and approval to participate, select and receive equipment under Texas 1033 Surplus Program, with selection list to be submitted prior to receipt. 

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.
 
Sheriff's Office:
 
A.
AI-56164
Discussion, consideration, and approval to appoint William Martinez, student as the University of Texas Rio Grande Valley, as an intern under the Hidalgo County Sheriff's Office Law Enforcement Internship Program for the period of August 29, 2016 through December 09, 2016.

Commissioner Palacios stepped away from the meeting.

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:
 
B.
AI-56213
1. Authorization to accept the Approval Notice in reference to Operation Stonegarden FY 2015 for the amount of $1,540,000.00.

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

2. Authorization and approval for County Judge, as authorized official, to Electronically accept grant award form and related 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: 4 - 0 - Unanimously

3. Authorization to pay Overtime reimbursable under the grant terms and conditions.

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

4. Approval of Certification of Revenues as certified by the County Auditor for the FY 2015 Operation Stonegarden Grant.

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

5. Approval to appropriate the budget for Sheriff's Office portion of the FY 2015 Operation Stonegarden Grant in the amount of $1,540,000.00.

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: 4 - 0 - Unanimously
Attachments:
 
9.
 
Executive Office:
 
A.
AI-56220
Appointment of Representative and Alternate to the Amigos Del Valle Board for 2016-2017

Commissioner Eduardo "Eddie" Cantu appointed-Raul Gonzalez and Armando Garza as alternative.

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:
 
B.
AI-56178
Approval to accept settlement from Apollo Managing General Agency in the amount of $5,648.43 to settle auto accident claim with County vehicle. (Sheriff Office)

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
 
C.
AI-56176
Approval to accept settlement check from Government Employees Insurance Company in the amount of $737.55 to settle auto accident claim with County vehicle. (Constable Precinct 2)

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: 4 - 0 - Unanimously
 
10.
 
Human Resources:
 
A.
AI-56204
Safety Division (1100):
Requesting approval to correct effective date of Chief Safety Officer position salary to reflect court action of 8/9/16 not next full pay period as stated on the agenda.

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
 
B.
AI-56153
Human Services (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. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously                               

2. Discussion, consideration and approval of the following personnel actions, effective next full pay period, 09/19/16:
 
Action Dept./Program Slot # Position Title Current Budgeted Salary Proposed Budgeted Salary Total Adjustment
Remove Longevity 240-001 0023 Billing Specialist II $1,140.00 $0.00 ($1,140.00)
Delete 240-001 0034 Eligibility Specialist I $24,810.00 $0.00 ($24,810.00)
Remove Longevity 240-001 0034 Eligibility Specialist I $480.00 $0.00 ($480.00)
Create 240-001 0038 Billing Specialist II $0.00 $28,940.00 $28,940.00

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: 4 - 0 - Unanimously

On Slot#0023 Billing Specialist II.

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 both Slots#0034 and #0038 ( Eligibility Specialist II and not Billing Specialist II )

3. Approval of intradepartmental transfer.

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

4. 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: 4 - 0 - Unanimously

Mr. Silguero requested to approve subject to receiving the appropriate signatures on the forms.

Court proceeded back to Item.14.A
 
C.
AI-56099
Precinct 3 Sanitation (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

Commissioner Palacios 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

2. Discussion, consideration and approval of the following personnel actions, effective next full pay period, 09/19/2016:
Action Department Slot# Position Title Current 
Budgeted
Salary
Proposed
Budgeted
Salary
Create 123-001 0050 Truck Driver III $0.00 $31,255.00
Create 123-001 0051 Truck Driver III $0.00 $31,255.00

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

3. Approval of interdepartmental transfer.

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 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. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                               
Vote: 5 - 0 - Unanimously
 
11.
 
Health & Human Services Department:
 
A.
 
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.
 
B.
 
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 proceeded to Item.13.A.
 
12.
 
Community Service Agency:
 
A.
AI-56161
Update regarding LIHEAP/CSBG Program Funding for Program Year 2016

Mr. Longoria updated the court as to the utility assistance program. The program is available to a any family living below the 150%fpl. He emphasized that this program is an assistance program not entitle program, as not there's not always going to be money available for those who qualify. Currently the CEAP Contract is at $243,934.05 for available direct services. 

Judge Garcia questioned if this program was connected to the story published on the Monitor last Sunday. In regards, Mr. Longoria explained that the other program is "Light for Texas" and is a program for those who qualify for food stamps. 

Court took no action on this item.

Court proceeded to Item.17.B.1.
 
13.
 
WIC:
 
A.
AI-56133
WIC Lac Supp Center (1292):
1. Requesting approval to accept the Lactation Support Center Services Strategic-Expansion Program  (LSCS-SEP)grant contract amendment #2015-047694-002.
The purpose of the amendment is to amend certain contractual language as set forth in the contract, to add the FY 17 award allocation of $130,000 and to extend the contract term through August 31, 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: 5 - 0 - Unanimously

2. Requesting approval for County Judge to sign the Lactation Support Center Services Strategic Expansion Amendment #2015-047694-002.

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. Requesting approval for County Judge to sign the Fiscal Federal Funding Accountability and Transparency Act for FY17.

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

4. Requesting approval of Certification of Revenue in the amount $130,000.00.

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

5. Requesting approval of the budget appropriation in the amount of $130,000.00

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: 5 - 0 - Unanimously

6. Approval of the following personnel action:
Action Dept./Prog. Slot No. Position Title Current Budgeted Salary Proposed
Budgeted Salary
Salary Decrease 350-018 0001 International Board Certified Lactation Consultant $64,890.00 $50,000.00

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
7. 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. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                     
Vote: 5 - 0 - Unanimously

Court proceeded back to Item.10.B.

Commissioner Flores stepped away from the meeting.
 
14.
 
Auditor's Office:
 
A.
AI-56137
Discussion, consideration, and approval for the County Auditor's Office to conduct an audit of the Chapter 59 Asset Forfeiture Report prepared by the Hidalgo County District Attorney's Office for fiscal year 2016 pursuant to the Chapter 59 Asset Forfeiture Report requirements.

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.
AI-55960
1.  Approval of 2016 Certification of New Sources of Revenue

Mrs. Linda Fong explained that as part of the budget process they try to estimate the December 31, 2016 fund balance and look at revenues to see if there are additional revenues. In this instance, there's $343,773.48 of new revenue sources that can be certified. The special revenue funds accounts with $418,228.51 of new revenue sources. Debt service fund there's $271,252.08 of new revenues sources. For the proprietary funds there's $468,251.33 of new revenue sources. 

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.  Presentation of 2017 Statement of Estimated Available Resources

Mrs. Fong informed that the estimated available resources includes the project fund balance for 2016 and revenue projections for 2017. For the general fund, the 2016 projected un-assigned fund balance is $28,548,588 representing 14% of the current expenditures and transfers out. Additionally, including the $343,773.48 of new revenue sources. Indicating that if any of it is appropriated, the fund balance will go down along with the percentage. According to Mrs. Fong, the estimated revenues for 2017 excluding property taxes and other financing sources is $28,880,905 at an increase of $2.3 million compare to last year's projection. 

Therefore, if the county adopts the $.059 tax rate for 2017, the total revenues are expected to be $193,369,169
Attachments:
 
15.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-56129
Requesting permission from IDEA Public Schools to use the Delta Lake Park for a Cross-Country Event to be held on Saturday, October 29, 2016 from 5:30am to 1:00pm

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously

Court proceeded back to Item.12.A.
Attachments:
 
16.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-56184
Proclamation declaring September as Javier Martinez Childhood Cancer Awareness Month 

Commissioner Joseph Palacios along with Commissioners Court, recognized a proclamation in honor of Javier Martinez Childhood Cancer Awareness Month. Javier Martinez from San Carlos, Texas was diagnosed with cancer in 2015.

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

Court proceeded to Item.5.A.
 
17.
 
Budget & Management:
 
A.
AI-56214
First Public Hearing on  2016 Proposed Tax Rate of $0.5900 per $100 valuation.

Judge Garcia Opened the Public Hearing.

1) Mrs. Fern McClaugherty stated that even though, the tax rate has not increase. The affective tax rate, is the amount of money that was received last year and expect to be obtain this year. She petitioned a decrease of tax rate. 

Judge Garcia Closed the Public Hearing.

Second hearing schedule for September 20, 2016.

Court proceeded to Item.16.A.
Attachments:
 
B.
 
Interfund transfers:
 
1.
AI-56163
Transfers Out - Health Grants (1100)/Transfers In - General Fund (1293):
Approval of 2016 interfund transfer from Transfers Out - Health Grants (1100) and Transfers In-General Fund (1293) Fiscal Year 7 into Fiscal Year 6 in the amount of $57,417.00 to properly allocate the local match required for the CPS/HAZARDS grant amendment accepted on 07/06/16 (AI-55218).

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
Attachments:
 
18.
 
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-55957
Presentation of sole bid response to the responsible vendor [Matt's Building Materials] meeting all specifications and/or requirements for the purpose of award and approval of a contract for the Request of Sealed Bids (RFB) titled:  Hidalgo County-"Construction Building Materials and Related Supplies"-through Project No.: 2016-282-08-17-SMA, (subject to compliance with HB1295, when and/or if applicable).

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

Court Recessed to Open the scheduled Drainage Workshop.

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

Court Reconvened Regular Commissioners Court.
 
B.
 
County Judge's Office
 
1.
AI-56182
Approval to remove and replace vendor as listed of the three (3) nominated firms awarded by HGAC (approved by CC on 06-07-16-AI-54897) for the purposes of scoring/grading and ranking by CC to negotiate and finalize contract provision of “Emergency Preparedness & Disaster Recovery Services”
from: Tetratech Inc. Thompson Consulting Services, LLC Ernst & Young
to: Tetratech Inc. Thompson Consulting Services, LLC H20 Partners, Inc.

due to Ernst & Young did not enter into an agreement with HGAC.

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:
 
C.
 
Pct. 1
 
1.
AI-56190
A. Recommendation by project engineer, TEDSI  Infrastructure Group, to award the Base Bid to the responsible vendor submitting the lowest and best bid meeting all specifications:
 
Bid Number & 
Project Name
Recommended
Vendor
Total
Amount
RFB: 2016-289-08-31-Nittler Road IOC Company $1,167,775.65
RFB: 2016-290-08-31-Mile 9 North Bearkat Construction, LLC $648,048.00

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 on RFB:2016-289-08-31-Nittler Road.
                                                     
Vote: 4 - 0 - Unanimously

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 on RFB:2016-290-08-31-Mile 9 North.
                                                     
Vote: 4 - 0 - Unanimously
 
B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority - approval for the Precinct Commissioner or designee: Raul Lozano, to execute change orders that involve...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18% or more without the consent of the contractor".

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-56125
 A. Recommendation by project engineer, SAMES Engineering, to award the Base Bid to the responsible vendor submitting the lowest and best bid meeting all specifications;
 BID NUMBER &
PROJECT NAME
RECOMMENDED
VENDOR
 AMOUNT
 RFB: 2016-279-Paving & Drainage Improvements Mile 11 North (FM 1015 to Mile 1 West) Texas Cordia Construction, LLC, Edinburg, TX   $608,381.00
 RFB: 2016-280-Paving & Drainage Improvements Mile 14.5 North (Mile 4 to Mile 6)  Texas Cordia Construction, LLC, Edinburg, TX   $620,631.00

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
 
B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority - approval for the Precinct Commissioner or designee: Raul Lozano, to execute change orders that involve...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The  original contract price may not be decreased by 18% or more without the consent of the contractor".

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
 
D.
 
Pct. 2
 
1.
AI-56210
Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $1,200.00) as submitted by project engineer, L&G Consulting Engineers, to provide asbestos testing services for the demolition of Pct 2 Mechanic Shop, through Contract# C-16-171-04-12.

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-55840
Presentation of sole-bid response received from Lhoist North America of Texas meeting all specifications and/or requirements for the purpose of award and approval of contract for Hidalgo County Precinct No. 2- Lime Road Material and Services-Project" RFB No:2016-176-08-10-SMA.

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
 
3.
AI-56113
Approval to purchase of One (1) Used 2013  Dynapac Paver through the County's membership/participation with Buyboard awarded vendor, Doggett (Contract #424-13) in the total amount of $ 279,334.00 Project #2016-340

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
 
4.
AI-56022
A.)  Requesting acceptance and approval of first amendment to lease agreement C-06-212-09-18 - "Lease of Land (with Improvements) to a Non-Profit organization" with ARISE Las Milpas.  Amendment to add an additional one (1) term of five (5) years option to renew and extend the terms of the "Lease" on the terms and conditions as provided in original lease agreement.

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.)  Authority to exercise the final term of five (5) years extension option as provided under the current amended contract for Hidalgo County "Lease of Land (with Improvements) to a Non-Profit Organization" under the same rates, terms, and conditions with ARISE Las Milpas. 

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.
 
Pct. 3
 
1.
AI-56194
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;

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. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional engineering services for for Pct. 3 "ON CALL" & "AS NEEDED". 
 
  JAVIER HINOJOSA ENGINEERING FULCRUM CONSULTING SERVICES ARANDA & ASSOCIATES
EVALUATOR NO. 1 98 86 92
RANKING 1 3 2

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. Authority for the Purchasing Department to negotiate a professional services agreement with the No. 1 ranked firm of for professional engineering services for Pct. 3 "ON CALL" & "AS NEEDED".

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
 
F.
 
Pct. 4
 
1.
AI-56196
a. Acceptance and approval of a professional services agreement #C-16-329-09-06 with B2Z Engineering for (on call) "Engineering Services" for the purposes of: “Road and Bridge, C.I.P. and Other Projects in General” located within Hidalgo County Precinct No. 4.

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. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a professional service;

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

c. Presentation of the scoring grid (for the purposes of ranking by CC) the firms graded & evaluated through the County’s approved “pool” of Engineering Firms for the provision of (on call)  "professional engineering services" for "Construction Material Testing / GEO Technical Services" for projects located within Hidalgo County Precinct 4;

ENGINEERING FIRMS:
Totals L&G Engineering Professional Service Industries, Inc. (PSI) Fulcrum Consulting Services
Scores 99 97 96
Ranking 1 2 3

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

d. Authority for the Purchasing Department to negotiate a professional engineering services agreement for: (On Call) "Construction Material Testing / GEO Technical Services" for projects located within Hidalgo County Precinct 4, commencing with the No.1 ranked firm    L & G Engineering for Engineering Services.

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
 
G.
 
IT Department:
 
1.
AI-56198
Requesting acceptance and approval of a registration services agreement between Hidalgo County and American Registry for Internet Numbers, LTD. to allow Hidalgo County to receive an Autonomous System Number (ASN).

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

Mrs. Linda Fong stated that there legal concerns. 

Mr. Crain clarified that there is more information however, it was structure in a way that if they terminate or cancel that contract, they'll lose those numbers. 

Mr. Renan Ramirez informed that this gives the county its own IP address and are not depended on the vendor. 

Mrs. Fong added that the other issues was the HB1295 which they're still waiting for. 

Mrs. Fong and Mr. Ramirez requested to approve subject to HB1295.

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 subject to HB1295.
                                                     
Vote: 4 - 0 - Unanimously
Attachments:
 
H.
 
Budget & Management
 
1.
AI-56075
Authority to purchase the following vehicles though our membership/participation with buyboard under contract 430-13 awarded vendors, Caldwell Country Chevrolet/Ford and Cowboy Chrysler-Dodge-Jeep which includes shipping and a one time buyboard administration fee of $400.00 per requisition as part of the 2016 Vehicle Replacement Program.  All requisitions will be finalized upon line item transfers and purchase orders will be approved upon price verification and HB 1295 compliance.
DEPARTMENT VEHICLE TOTAL COST
Emergency Management 2017 Ford F-250 $35.000.00
Facilities Management
 
2017 Ford F-250
2017 Ford F-150
$29,072.80
$22,181.00
Health Department 2017 Chevrolet Tahoe LS-SUV
2017 Transit Connect
(2) 2017 F-150
$41,389.00
$22,631.00
$44,724.00
Planning Department (2) 2017 F-150 XL SuperCab $44,310.00
Purchasing Department 2017 Ford 350 Cutaway $35,033.00
Constable Pct. 1 (3) 2017 Chevrolet 1500 Silverado $93,328.00
Constable Pct. 2 (4) 2017 Ford Police Int Utility $110,788.00
Constable Pct. 3 (2) 2017 1500 Silverado $66,310.00
Constable Pct. 4 (3) 2017 Tahoe Chevrolet PPV $107,634.00
Precinct 1 (2) 2017 Ford F-150
(3) 2017 Ford F-250
$60,672.00
$79,924.00
Precinct 2 (5) 2017 1500 Chevrolet Silverado $148,065.00
Precinct 3 (5) 2017 Ford F-150 XLT $154,770.00
Precinct 4 2017 Chevrolet Silverado 1500
2017 Utility Explorer
$32,154.00
$26,289.00
Sheriff's Office (3) 2017 Tahoe
(21) 2017 Tahoe PPV 
(1) 2017 Express Van 3500
(7) 2017 1500 Silverado
(2) 2017 Grand Caravan
(3) 2017 Equinox
(3) 2017 F-150 Crew Cab
(5) 2017 Malibu
(18) 2017 1500 Silverado
 
$115,072.00
$730,213.00
$32,189.00
$197,450.00
$46,495.00
$66,814.00
$83,026.00
$103,690.00
$488,470.00
Total   $3,017,693.80


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

Mr. Frank Taver stated his concerns over the purchase of these vehicles and the total amount to be spend. 

With regards, Mr. Cruz notified that this is a replacement vehicle program.
 
19.
 
Open Forum

1)
Mrs. McClaugherty informed that members of the O.W.L.S. together with the Tea Party, have been attending meetings to discuss the health care district. According to Mrs. McClaugherty, Priest Jerry Frank and Ramiro Garza. Clamming that anyone opposing to the bill doesn't get the opportunity to speak at the meetings.

2) Pual Vazaldua spoke about authorized contributions the county has made to the indigent health. As per Mr. Vazaldua, the county used to contribute 10% or more of the tax collected to cover bills for the indigent health care program. Assuring that due to federal laws, the county now contributes less and less to the program without lowering the tax rate.

Commissioner Flores joined the meeting and Commissioner Cuellar stepped out.

3) Opal Billman remarked the unfair situation regarding the division of property during the petition for divorce. Claiming that she has spent 20 years of police enforce imprisonment. Mrs. Billman claimed that several people including the City of Mission have bought property belonging to her.

Commissioner Cuellar joined the meeting.

4) Richard Montes de Oca stated his opposition to the health district claiming that the ballot will include a $3,000 homestead exemption. Another reason for his opposition, is that allegedly the board members will be appointed and not elected. Additionally, stating that there's no information as to how much is the indigent will actually receive in free health care.
 
20.
 
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. 4, JOSEPH PALACIOS, 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-56179
Pending/potential litigation - Claim of Luis Garza

Court took no action on this item.
 
D.
AI-56140
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Clean - Tax Abatement.

Court took no action on this item.
 
E.
AI-56142
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Carnation - Tax Abatement.
 
F.
AI-56144
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Aqua - Tax Abatement.

Court took no action on this item.
 
21.
 
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."

B. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

Court took no action on Item.21.A. and B.
 
22.
 
Open 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-56181
Pending/potential litigation - Claim of Luis Garza

Mr. Guerra reported that this case will be assigned to assign to District Attorney's Office Civil Division, Josephine Ramirez.
 
D.
AI-56141
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Clean - Tax Abatement.

Proceed as Directed.
 
E.
AI-56143
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Carnation - Tax Abatement.

Proceed as Directed.
 
F.
AI-56145
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Aqua - Tax Abatement.

Proceed as Directed. 
 
23.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

Court took no action on this item.
 
24.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

Court took no action on this item.
 
25.
 
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 6th 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 September 6, 2016.

Signed this 6th day of SEPTEMBER 2016




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


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