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Minutes for CC - REGULAR

SPECIAL MEETING - November 1, 2016

BE IT REMEMBERED, that on this 1st day of November 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
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
November 1, 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

Commissioner Joseph Palacios was the only absentee.
 
2.
 
Pledge of Allegiance

Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
 
3.
 
Prayer

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

The court approved the consent agenda for the exception of Items.4.C., 8.B., 8.G., and 8.L. to be pulled for discussion.

Court proceeded to Item.10.A.
 
5.
 
County Judge's Office:
 
A.
AI-57116
Discussion, consideration, and approval of Letter of Support for the establishment of a special purpose subzone for Universal Metal Products.

No action taken on this item.
Attachments:
 
6.
 
Constables:
 
A.
AI-57093
Constable Pct. #1:
Discussion, consideration, and approval to appoint the following as Reserve Deputies Constable by Constable Celestino Avila, Constable Precinct 1 in accordance with Texas Local Government Code Section 86.012.:
1. Mario Garcia

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. Brandon Solis

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. Oscar E.Limas

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-57033
Constable Pct. 3
1. Authorization and approval to enter into an Interlocal Agreement between the Hidalgo County Constable Precinct 3 Department and the City of Sullivan City Police Department for the transfer and acceptance of one (1) 2004 Ford F-150 Pickup pursuant to Chapter 59 of the Code of Criminal Criminal Procedure. 

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, approval, and acceptance of Interlocal Agreement between Hidalgo County Constable Precinct 3 Department and the City of Sullivan City Police Department for one (1) 2004 Ford F-150 Pickup.

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. Authorization and approval to surplus (1) 2004 Ford F-150 Pickup Asset# 56523, and have it removed from the Hidalgo County Constable Precinct 3 Fixed Asset Inventory List of equipment.

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
 
7.
 
Tax Office - Paul Villarreal:
 
A.
AI-57039
Discussion, consideration, and approval to execute an inter-local agreement between the County of Hidalgo and the City of Weslaco for implementation of scofflaw procedures and processes for vehicle registration denial services.

Commissioner Flores stepped away from the meeting.

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: 3 - 0 – Unanimously
 
8.
 
Executive Office:
 
A.
AI-56910
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following: 
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects 

Regarding the replacement of the chiller at the courthouse, Mr. Guerra informed that there's been a delay. Nevertheless, they anticipate to have it running by the end of today or no later than tomorrow morning. Thereafter, they will test the system and insulate the pipes.

2) Emergency situations occurring since last agenda meeting

No comments under this item.
 
B.
AI-57090
Requesting permission by the Edinburg Chamber of Commerce to use the county square for the following event:
Night of Lights Parade on Friday, December 2, 2016 (evening)

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: 3 - 0 -Unanimously
Attachments:
 
C.
AI-57084
Requesting approval of reimbursement to Tomas Salazar in the amount of $7.03 for purchase of needed light bulb for county unit

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: 3 - 0 -Unanimously
Attachments:
 
D.
AI-57148
Discussion, consideration and action to authorize Valde Guerra, Executive Officer to sign Waiver of Priority Purchase Right documents regarding Potential Sale of State-Owned Property -TXDOT

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: 3 - 0 – Unanimously
Attachments:
 
E.
AI-56944
Approval of 2017 Holiday Schedule

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: 3 - 0 -Unanimously
Attachments:
 
9.
 
Human Resources:
 
A.
AI-57070
Juvenile Detention /Juv Dir Supervision (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: 3 - 0 – Unanimously

2. Discussion, consideration, and approval of the following personnel actions, effective 10/19/16:
Action Dept./
Program
Slot No. Position Title Current
Budgeted
Salary /
Allowance
Proposed  
Budgeted
Salary/
Allowance
Remove
Longevity
330-001
(Juv Detention Pre Adj.)
7925 JSO/Detention Officer $480.00 $0.00
Create 
Allowance Slot
(to provide longevity
w/effective date 10/19/16)
330-001
(Juv Dir Supervision)
7124 Probation Officer $0.00 $480.00

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: 3 - 0 – Unanimously

3. Approval of transfer.

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: 3 - 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. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously

Court proceeded to Item.11.A.
Attachments:
 
10.
 
Health & Human Services Department:
 
A.
AI-57078
 County Judge Ramon Garcia and Commissioners to receive flu shot

Mr. Olivarez encouraged the public to receive the flu vaccine.

Judge Garcia volunteered to take the 1st flu vaccine shot of the season. 
 
B.
AI-57107
Prenatal FY 16 (1293):
1.  Approval of certification of revenues as certified by County Auditor for program income generated from the Prenatal FY 16 grant program.

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.  Approval of 2016 appropriation of funds in the amount of $437.05.   

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:
 
C.
AI-57094
Child Health FY 16 (1293):
1.  Approval of certification of revenues as certified by the County Auditor for program income generated from the Child Health FY 16 grant program.

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.  Approval of 2016 appropriation of funds in the amount of $57.82.   

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:
 
D.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

No discussion or action taken on this item.
 
E.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

No discussion or items taken on this item.

Court proceeded to Item.18.A.
 
11.
 
Fire Marshal's Office:
 
A.
AI-57136
Adoption of the Hidalgo County Emergency Evacuation Plan Policy

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: 3 - 0 – Unanimously
Attachments:
 
12.
 
Adult Probation:
 
A.
AI-57105
DWI CRT (1289):
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $2,399.00

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: 3 - 0 – Unanimously

2.  Approval of appropriation of the DWI program income (GPI) in the amount of $2,399.00

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: 3 - 0 – Unanimously
 
B.
AI-57092
DWI CRT (1289):
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $1,991.00.

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: 3 - 0 – Unanimously

2.  Approval of appropriation of the DWI program income (GPI) in the amount of $1,991.00

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: 3 - 0 – Unanimously
 
13.
 
IT Department:
 
A.
AI-57144
District Attorney:
Approval to enter into a Verizon Wireless Customer Agreement DIR Contract No. DIR-TSO-3415, with authorization for Criminal District Attorney, Ricardo Rodriguez, Jr. to sign Appendix D.

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: 3 - 0 – Unanimously
Attachments:
 
14.
 
Community Service Agency:
 
A.
AI-57077
Discussion, consideration and authorization to request an extension of ninety days to the Texas Department of Housing and Community Affairs CSBG Contract # 61160002386 with authorization for the County Judge or his designee to submit such request. 

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: 3 - 0 – Unanimously
Attachments:
 
B.
AI-57066
Discussion, consideration and possible action to approve Amendment #1 to the Texas Veteran's Commission Grant Award number FVA-16-B-0333 as recommended by the Community Service Agency Community Advisory Board  with authorization for the County Judge to sign all appropriate documentation.

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: 3 - 0 – Unanimously
Attachments:
 
15.
 
Urban County:
 
A.
AI-57101
 1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services.

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: 3 - 0 – Unanimously

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering firms from the county’s approved “pool” as graded and evaluated by the City of Weslaco, Urban County Program and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 29 (2016) City of Weslaco– Water/Sewer Improvements funds.
Professional Service Firm Grade Ranked
Cruz-Hogan Consultants, inc. 95.67% 1
L & G Consulting Engineers, inc. 94.33% 2
Sigler, Winston, Greenwood & Associates 92.00% 3

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: 3 - 0 – Unanimously

 3. Authority to negotiate a professional engineering service contract with the highest ranked firm Cruz-Hogan Consultants, inc.  for a Urban County Program Year 29 (2016) City of Weslaco– Water/Sewer Improvements project.

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: 3 - 0 – Unanimously
 
B.
AI-57048
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services-Construction Materials Geo-Technical Testing services;

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: 3 - 0 – Unanimously

2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the City of Granjeno, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 29 (2016) Granjeno Street Improvement funds.
 
Professional Service Firm Grade Ranked
Raba-Kistner Consultants, Inc. 98.67% 1
Fulcrum Consultants, Inc. 86.67% 2
Earth Co. 84.33% 3

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: 3 - 0 – Unanimously

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Raba-Kistner Consultants, Inc.
for the provision of material testing services for an Urban County Program Year 29 (2016) Granjeno Street Improvement project.

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: 3 - 0 – Unanimously
 
C.
AI-57068
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services;

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: 3 - 0 – Unanimously

2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the City of Granjeno, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 29 (2016) Granjeno Street Improvement funds.
 
Professional Service Firm Grade Ranked
Hinojosa Engineering, Inc. 95.00% 1
Land Tech, Inc. 90.33% 2
Terracon Consulting Engineers 88.67% 3

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: 3 - 0 – Unanimously

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Hinojosa Engineering, Inc.
for the provision of engineering services for an Urban County Program Year 29 (2016) Granjeno Street Improvement project.

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: 3 - 0 – Unanimously
 
D.
AI-57099
1. “Subject to: HB 1295 Compliance.” The Urban County Program on behalf of the City of Progreso is requesting approval of a best and final negotiated contract for professional engineering services with LAZCAMREA, LLC dba Fulcrum Consulting Services, in the amount of $24,266.00 utilizing CDBG FY 29 (2016) Progreso Street Improvement funds.

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: 3 - 0 – Unanimously

2. Requesting approval of Work Authorization No. 1 – Progreso 2016 Street Improvements project in the amount of $24,266.00.

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: 3 - 0 – Unanimously
 
E.
AI-57102
 “Subject to: HB 1295 Compliance.” Requesting authority to purchase fire station equipment through the County's Membership/Participation with BuyBoard's awarded vendor, Casco Industries, Inc. (contract # 432-13), in the amount of $30,012.37 for the Sullivan City Fire Dept. (FY 2016).

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: 3 - 0 – Unanimously
 
F.
AI-57097
1. “Subject to: HB 1295 Compliance.” The Urban County Program on behalf of the City of Weslaco is requesting approval of a best and final negotiated contract for construction materials testing services with Raba Kistner Consultants, Inc., in the amount of $37,018.14 utilizing CDBG FY 28 (2015) Weslaco Water/Sewer Improvement funds.

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: 3 - 0 – Unanimously

2. Requesting approval of Work Authorization No. 1 – Weslaco Waterline Improvements project in the amount of $37,018.14.

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: 3 - 0 – Unanimously
 
G.
AI-57100
1. “Subject to: HB 1295 Compliance.” The Urban County Program on behalf of the City of Edcouch is requesting approval of a best and final negotiated contract for professional engineering services with LAZCAMREA, LLC dba Fulcrum Consulting Services, in the amount of $27,070.00 utilizing CDBG FY 26 (2013) Edcouch Street Improvement funds.

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: 3 - 0 – Unanimously

2. Requesting approval of Work Authorization No. 1 - Edcouch 2013/2014 Amended Street Improvements in the amount of $27,070.00.

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: 3 - 0 – Unanimously
 
16.
 
Head Start Program:
 
A.
AI-57042
Discussion/Approval/ Appointment of One Community Rep by Each Member of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning in October (Pending Appointments: Commissioner A.C. Cuellar, Jr.,  Pct. 1 and Commissioner Joseph Palacios, Precinct 4)

No action taken on this item.
 
17.
 
WIC:
 
A.
AI-57106
WIC (1292)
1. Requesting approval to accept the FY17 Department of State Health Services (DSHS) Contract No. 2017-049851-001 award in the amount of $12,300,469.00 for the period of October 1, 2016 thru September 30, 2017.

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: 3 - 0 – Unanimously

2. Requesting approval for County Judge to sign the Signature Page Document for Department of State Health Services Contract No. 2017-049851-001.

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: 3 - 0 – Unanimously

3. Requesting approval for County Judge to sign the Fiscal Federal Funding Accountability and Transparency Act For Fiscal Year (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: 3 - 0 – Unanimously

Court proceeded to Item.19.A.
 
18.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-57143
Resolution expressing Hidalgo County's support for McAllen Public Utility’s (MPU) Regional Water Transmission Line project. 

Precinct 2, Armando Garza introduced a resolution to Commissioners Court in support for the McAllen Public Utility's Regional Water Transmission Line project. The court acknowledged the importance of potable water for the benefit of all Rio Grande Valley residents. 

The resolution was accepted by the McAllen Public Utility's Chairman Ernest Williams.

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 to Item.5.A.
 
19.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-57038
Pct 4 Rd. Maint (1200):
A. Approval of certification of revenues as certified by the County Auditor for revenues received from the Hidalgo County Drainage District No. 1 for reimbursements from the J-09 Drain Project.
B. Approval of 2016 appropriation of funds into Pct 4 Rd. Maint. in the amount of $142,011.20.

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 on A and B.
                                                                              
 Vote: 3 - 0 – Unanimously
 
20.
 
Budget & Management:
 
A.
AI-57041
Approval of automated clearing house (ACH) payment to the Department of Health and Human Services (HHS) via Pay.gov for the County's 2016 Affordable Care Act (ACA) Transitional Reinsurance fee of $184,329.00.

Commissioner Flores joined the meeting.

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: 3 - 0 – Unanimously
Attachments:
 
B.
 
Budget Appropriations:
 
1.
AI-57032
Pct. 1 Road & Bridge (1200):
a. Approval of certification of revenues, as certified by the County Auditor, for 1/3 paving revenues in relation to the Los Cielos Subdivision (Mile 12 1/2 N) road improvement project.
b. Approval of 2016 appropriation of funds into the Pct. 1 Rd. Maint (fund 1200, program #005) in the amount of $70,597.75.

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 on A and B.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
21.
 
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-57051
Award and acceptance of contract document to sole bidder meeting all Specifications/Requirements for Request for Bid titled: "Punched & Drawn Biaxial Geogrid Reinforcement Material" - No.: 2016-284-10-05-SGS

Martha Salazar informed that 16 packets were distributed and one sole qualified bid was received, GEO Solutions, Inc. 

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.
AI-57053
A. Pursuant to Legal Notice #2, recommending waiver of formality/technicality [accept the bid page submitted by ARB Fire Protection which displays the bid page for a previous bid eventually rejected with no changes on same other than new bid number], as it is in the best interest of HC to do so;

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. Presentation of bids received  for the purpose of award to the responsible vendor submitting the lowest and best bid [meeting specifications and/or requirements] with approval of contract document, for project titled:  Hidalgo County "Fire Extinguishers Equipment & Maintenance Services" through RFB No.:  2016-365-10-19-FAZ.

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.
AI-57044
A.  Presentation and action of the updated and modified procurement template [as reviewed and approved as to form by legal counsel-HC-DA-Civil Div.] including, but not limited to, RFB, RFP, RFQ, RFO, RFI and RFSQ packets which may also include options for accepting required copies with original submissions;

Salazar stated that these are such as USB's or CD's.

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.  Requesting rescission of items on previous HCCC meetings authorizing publication of RFB and the approval of the procurement packets including, but not limited to,the following projects:
1) C/AI#56753-CC meeting of 10-25-16:  Tire Disposal Service 
2) C/AI#56756-CC meeting  of 10-13-16: Printing Services and Related Supplies 
3) R/AI#56764-CC meeting of 10-13-16: Regional Linear Park Project - Phase I
4) R/AI#56400-CC meeting of 10-04-16: Recovery and Motor Pool Improvements
including authority to advertise [w/re-adv if necessary] and approval to use the newly approved Request for Bids procurement packets for the identified projects herein and above.

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
 
B.
 
Pct. 1
 
1.
AI-57046
Pursuant to Hidalgo County's Exiting Elected Official Policy, requesting approval of the following Requisitions and PO Increases for HC Commissioner, Pct. #1:
  • Purchase order Increase # 748970
  • Requisition: 308603, 308633, 308640, 308642 & 308861
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.
AI-57074
A. Recommendation by project engineer, LeFevre Engineering & Management Consulting, LLC, to award the Base Bid to the responsible vendor submitting the lowest and best bid meeting all specifications, subject to compliance with HB 1295 and SAM.gov , for the following four (4) FEMA projects as listed: 
 
  PROJECT NAME PROJECT NO. AWARD RECOMMENDATION
TO VENDOR:
AMOUNT:
1 Hidalgo County Precinct No. 1 – FEMA Road Drainage Improvements - Mile 2 East Road 2016-362-10-19 Asago Construction $164,927.97
2 Hidalgo County Precinct No. 1 – FEMA Road Drainage Improvements - Mile 2 1/2 East Road 2016-363-10-19 Asago Construction  $234,213.30
3 Hidalgo County Precinct No. 1 - FEMA Road Drainage Improvements - Mile 4 North 2016-364-10-19 Asago Construction  $143,045.30
4 Hidalgo County Precinct No. 1 FEMA Road Drainage Improvements - Mile 8 North Road 2016-361-10-19 Asago Construction  $168,377.57

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
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, [unless otherwise voiced/announced by Comm. Cuellar] 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. 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
 
C.
 
Pct. 3
 
1.
AI-57121
Acceptance and approval to execute the final form of a Professional Engineering Agreement with Javier Hinojosa Engineering for "Road and Bridge, Drainage Improvement and All Other Related Projects in General" for Pct 3, and as approved for negotiations on CC 09/06/16 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: 4 - 0 - Unanimously
 
2.
AI-57095
Requesting approval to process the following invoice as claim with authority for County Auditor to issue payment after review, and processing procedure are completed by County Auditor: Invoice number 214-11374 Frontera Materials,  in the amount of $541.08.

Martha Salazar informed that there was an expiration of one contract, there was lack of time for the approval of the new contract and it became a concern by the auditor. However, this was unintentional and recommended 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-57131
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously
 
b. Presentation of a scoring grid (for the purpose of ranking by CC) the firms graded and evaluated through the County’s approved “pool” of professional engineering services for continuation of the "Sunflower Park Project" located within Precinct No. 4.
 
FIRMS South Texas Infrastructure Group, LLC Pena Engineering, LLC Entech Civil Engineers, Inc.
Evaluator 1 98 95 93
Ranking 1 2 3

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

c. Authority for the Purchasing Department to negotiate a professional engineering service agreement with the No. 1 ranked firm: South Texas Infrastructure Group, LLC. for the provisions of "professional engineering services" for the continuation of the "Sunflower Park Project" in Precinct No. 4.

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.
AI-57087
Acceptance and approval of Change Order No. 7 to extend the term an additional thirty (30) days under agreement # C-13-072A-11-19 with Couric Enterprises, LLC dba Foremost Construction (reviewed/recommended by project architect Mata-Garcia Architects, LLP) for: Precinct 4-"Construction of a CRC in San Carlos".

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 subject to paperwork being corrected.

Vote: 4 - 0 - Unanimously
 
3.
AI-57079
As directed by Pct., requesting rescission of action taken by (CC 05/25/16 - REG. #20 (d)(1) - AI-54765), Selection/Ranking and Authority to Negotiate with the #1 firm selected, Mata-Garcia Architects for "Architectural Services" for which no final form of agreement was reached for the "Brewster Park 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: 4 - 0 - Unanimously
 
E.
 
Sheriff's Office
 
1.
AI-57080
A. Approval to amend a previous Sole Source Declaration for Spillman Technologies Inc. to include the entire existing suite of comprehensive software and hardware solutions and for all future hardware, software, & maintenance purchases in order to operate and maintain their Law Enforcement Systems such as, but not limited to Driver's License Scanning Solution, Computer-Aided Dispatch (CAD), Records Management Systems (RMS), & Uniform Crime Reporting (UCR);

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
 
B. Approval to purchase an upgrade to the existing Uniform Crime Reporting software as quoted by Spillman Technologies Inc. to include TX-IBR / NIBRS Software and Installation in the amount of $83,033.00.

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
 
F.
 
Co. Wide
 
1.
AI-57063
Acceptance and approval of Sole Response received 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 - "Concrete Mix Delivery & Pickup Services" through project No.: 2016-286-10-05-FAZ.

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.
AI-57076
Presentation of the sole responsible vendor submitting the lowest and best bid [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 - "CRS-2 (Cationic Rapid Setting) Emulsified Asphalt" through project No.: 2016-285-10-05-FAZ.

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
 
22.
 
Open Forum

Commissioner Cuellar stepped away from the meeting.

1) Opal Billman stated that a legal marriage requires a legal separation of the join property between the two owners. She claimed that instead of dividing their community property, the court incorporated and started selling the property. Billman demanded removing all commercial property out her land.

Commissioner Cuellar joined the meeting.

2) Rosy Tijerina thanked Commissioners Court and Commissioner Cuellar for the work being done on Golie Road in Donna.

3) Orlando Ortega with LUPE Organization thanked Commissioner Cuellar for accepting a meeting schedule for Friday, November 4.
Attachments:
 
23.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 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: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or potential litigation

No action taken on this item.
 
C.
AI-57138
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Red River - Tax Abatement.

No action taken on this item.
 
D.
AI-57141
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project River Crossing - Tax Abatement.

No action taken on this item.
 
E.
AI-57150
Claim of Francisco Navarro

No action taken on this item.
 
24.
 
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. 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. Requesting engagement with the firm of Preston Henrichson in connection to Item.25.E. for the "Provision of Legal Services/Representation in connection with Litigation" 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

Court proceeded to Item.28.
 
25.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Judge Garcia did not returned from closed session.

No action taken on this item.
 
B.
 
Pending and/or potential litigation

No action taken on this item.
 
C.
AI-57140
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Red River - Tax Abatement.

No action taken on this item.
 
D.
AI-57142
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project River Crossing - Tax Abatement.

No action taken on this item.
 
E.
AI-57151
Claim of Francisco Navarro

Refer to Item.24.A. and B. 
 
26.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
27.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
28.
 
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: 3 - 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 1st day of November, 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 November 1, 2016.

Signed this 1st day of NOVEMBER 2016




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


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