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Minutes for CC - REGULAR

SPECIAL MEETING - November 21, 2017

BE IT REMEMBERED, that on this 21st day of November A.D., 2017, 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 DAVID FUENTES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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
November 21, 2017
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

Commissioners Cantu and Flores were not present during the meeting.
 
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 moved to approve the consent agenda with the exception of Items.11.A. and B, and 12.C to be pulled for further discussion.
 
5.
 
County Judge's Office:
 
A.
AI-62641
Discussion, consideration and action to commence the acceptance of resumes and qualification questionnaires of applicants to be considered for the appointment of Precinct 5 Constable.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-62640
Discussion, consideration and action to commence the acceptance of resumes and qualification questionnaires of applicants to be considered for the appointment of Precinct 5 Justice of the Peace, Place 1.




On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

Jonathan Almanza explained that they'll bring this item again in December, applicants have until December 1, 2017, to bring resumes and questioners. The questions will be posted as an agenda item.

The judge suggested placing it on the newspaper or issue a press release.

Valde Guerra advised Fern McClaugherty that based on her concern over qualifications, both will be in compliance with the statute. 
 
C.
AI-62415
1. Approval of the Hidalgo County Small Town Economic Development Grant Program Guidelines.

Bobby Villarreal explained that they've been working with UTRGV on getting these agreements. According to Villarreal, they are trying to assimilate the Ruby Red Program to essentially create a committee to evaluate applicants that have small business ideas.

Awards are a maximum of $20,000

Alex Meade, Chief Executive Officer Mission Economic Development Corporation, recommended the court to go along with the program that's being considered. Informing that their program is called Ruby Red Ventures developed in 2012, they set aside $120,000 per year and award $50,000 every six months. To date, they have 432 participants go though the program and have awarded about 45 business. Some of the participants are also existing business. 

The judge emphasized that the money does not come from the county's fund balance, it is money sent from the state comptroller office. Villarreal added that these are not tax payers money, it is unclaimed capital credits that have to be utilize towards economic development. 

Applicants hav to live in communities of under 20,000 and living in the county. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

2. Approval of Interlocal Cooperation Agreement between the University of Texas Rio Grande Valley Small Business Development Center and the County of Hidalgo.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
6.
 
District Attorney's Office:
 
A.
AI-62647
Hidalgo County DA's Office - Domestic Violence Specialty Prosecutor (DVSP) Grant (1281):
Approval to submit a DVSP Grant #2931302 budget adjustment to the Office of the Governor (OOG). 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
7.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-62441
Requesting approval of Elected Official Bond for:
Charlie Espinoza - Justice of the Peace, Precinct No. 4, Place 1

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
8.
 
Executive Office:
 
A.
 
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
2) Emergency situations occurring since last agenda meeting

No presentations or situations presented.
 
B.
AI-62514
Requesting permission by the Edinburg Chamber of Commerce to use the county square for the following event:
Night of Lights Parade on Friday, December 1, 2017 (evening)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
Attachments:
 
9.
 
Health & Human Services Department:
 
A.
AI-62589
1.  Discussion, consideration and approval to support the UTRGV grant to the National Institute of Health and National Science Foundation to examine local vector borne disease and assess potential for further transmission of diseases like Zika.
2.  Requesting approval for Eduardo Olivarez, Chief Administrative Officer, to sign the letter of support. 

No action taken on Item.9.A.1 and 2.
Attachments:
 
B.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

No action taken on this item.
 
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

No action taken on this item.
 
10.
 
Emergency Management:
 
A.
AI-62518
1. Pursuant to Texas Local Government Code, 263.151, discussion and approval to declare as "surplus" radio equipment further detailed in exhibit "A" and exhibit "B".

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
2. Requesting approval to an Inter-local Cooperation and Property Transfer Agreements between Hidalgo County and Brooks County;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

3. Requesting authority to remove said radio equipment listed in exhibit "A" and exhibit "B" from the Hidalgo County Emergency Management inventory list. 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously 
 
11.
 
Community Service Agency:
 
A.
AI-62579
Discussion, consideration and possible approval of amendment No. 3 of the Comprehensive  Energy Assistance Program contract #58170002587 between Texas Department of Housing and Community Affairs (TDHCA) and Hidalgo County Community Community Service Agency (HCCSA) with authorization for Judge Ramon Garcia and Jaime Longoria to sign any and all pertinent documents. 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-62576
Discussion and possible action to authorize the surplus of obsolete items from the permanent inventory of the Community Service Agency (list attached).

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 3 - 0 - Unanimously
Attachments:
 
12.
 
Elections Administration:
 
A.
 
Discussion, consideration and action but not limited to Election updates.

No action taken on this item.
 
13.
 
Planning Department:
 
A.
AI-62607
1. Preliminary Approval
a. Maravillas Estates Ph. 3 Subdivision- Pct. 1 (Elias Woloski) (Midway Road & Ponciano Drive)
No. of Lots: 76 Single Family
Flood Zone: B
Drainage: Yes, Drainage will be provided by connecting into an existing drainage system which was previously installed during Maravillas Estates Phase 1 Subdivision.
ETJ: Yes, approved by the City of Donna.
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes, Midway Road. 3 internal streets to be paved and 2 County Roads, Rio Del Carmen Road and Ponciano Drive to be paved.


On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 3 - 0 - Unanimously

2. Final Approval
a. Eduardo’s No. 15 Subdivision- Pct. 3 (Diana L. Izaguirre) (Trosper Road & Mile 3 North Road)
No. of Lots: 24 Single Family
Flood Zone: C
Drainage: Yes, Drainage will be provided by storm drainage system discharging to the existing drain ditch abutting the west lot line of this proposed subdivision. Detention will be accomplished by widening of the existing ditch.
ETJ: Yes, approved by the City of Mission.
Water: Yes, provided by Sharyland Water Supply Corporation
Sewer: Yes, Sanitary Sewer provided by City of Mission
Paved: Yes, Trosper Road and 3 internal streets.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 3 - 0 - Unanimously

b. San Martin No. 3 Subdivision- Pct. 1 (Tillmin Welch) (Canton Road & Dillon Road)
No. of Lots: 53 Single Family
Flood Zone: C
Drainage: Yes, Drainage will be accomplished by storm drainage system and detention by widening the existing drain ditch abutting the north lot line of this subdivision.
ETJ: Yes, approved by the City of Donna.
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, OSSF
Paved: Yes, Canton Road and 3 internal streets.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 3 - 0 - Unanimously

3. Final Approval With Financial Guarantee
a. Castro Olguin Subdivision - Pct. 1 (Elizabeth Nelson) (Mile 3 East Road & Business 83)
No. of Lots: 3 Single Family
Flood Zone: X
Drainage: Yes, Drainage will be provided by natural perculation on large lots and surface runoff onto Mile 3 East Road.
ETJ: Yes, approved by the City of Mercedes.
Water: Yes, provided by North Alamo Water Supply
Sewer: Yes, Lot 3 has an existing OSSF and two lots will have an escrow for the OSSF’s.
Paved: Yes, Mile 3 East Road.
Final Approval with financial guarantee in the amount of  $3,000.00 to secure the installation of 2 OSSF
(Lots 1 & 2)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                               
Vote: 3 - 0 - Unanimously
 
14.
 
Budget & Management:
 
A.
 
Budget Appropriations:
 
1.
AI-62438
A.  Approval of certification of revenues as certified by the County Auditor for revenues proceed from unclaimed property capital credits by state.
B.  Approval of 2017 appropriation of funds into Economic Development  in the total amount of $539,500.00.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on A and B.

Vote: 3 - 0 - Unanimously

Judge Garcia explained that $500,000 goes to the program, $37,000 to VIDA, and $2,500 for general supplies.

Fern McClaugherty asked about the benefits that tax payers receive from VIDA. She also added that the City of Edinburg has stopped giving them money.

Sergio Cruz informed that the agreement with VIDA was approved earlier in the year. Cruz disclosed that these economic developments allow for payments of literacy programs which is what VIDA is. He added that normally in the past they have paid it out of general funds, but this time they do have funds available through the state comptroller credit. Therefore, they'll be doing this for the remainder of the year, but next year they'll use general fund money.
 
2.
AI-62552
Pct 1 (1200):
1. Approval of certification of revenues as certified by the County Auditor for revenues received from the Cameron County and the City of Donna and Alamo for road improvements to Mile 3 E and Whalen Road Projects.
2. Approval of 2017 appropriation of funds into various Pct 1 projects in the total amount of $96,996.14.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on 1 and 2.

Vote: 3 - 0 - Unanimously
Attachments:
 
3.
AI-62490
Pct 4 (1200):
A. Approval of certification of revenues as certified by the County Auditor for revenues received from North Alamo Water Supply for various overlay projects.
B. Approval of 2017 appropriation of funds into various Pct 4 (1200) accounts in the total amount of $278,400.00.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on A and B. 

Vote: 3 - 0 - Unanimously
Attachments:
 
15.
 
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 FORWARDED 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-62632
a. Acceptance and approval of the final procurement packets for Construction Manager-At-Risk [pursuant to Tx.LGC 2269.251] for the New Hidalgo County Courthouse Project;

1.  RFQ/P No. 2017-292-12-13-RFV [drafted and developed by Porter Hedges, LLP & Jacobs, Inc.] with any changes/modifications using a bifurcated process of the two [2] step method under the code;

Martha Salazar explained that they'll qualify step 1 and then step 2 proposals will be requested from those. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously

Salazar disclosed that it has been reviewed by Jacobs and the Hidalgo County District Attorney's Civil Division Office. 

2.  Exhibit "C" Insurance Requirement [drafted and developed by Risk Consultant] with any changes/modifications

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

Judge asked about the amount of insurance for each. Salazar stated that each one has been detailed on the exhibit; the notice to proceed also states that no subs will be hired until they pass the review and limits, HDR already met their insurance requirement.

b. Authority to  advertise the RFQ/P: Construction Manager-At-Risk with direction as to extent of publishing sites;

Salazar mentioned that Jacobs will be providing them with the vendors interested in the project. The first ad will be out this weekend.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

c. Approval to release publication and packets after all aspects of the RFQ/P have been approved as to form by legal counsel, Hon. Josephine Ramirez, Hidalgo County District Attorney's Office, including the re-advertisement of project in the event no response is received and project is still required.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
Attachments:
 
2.
AI-62498
A. Requesting approval to declare the items listed in Exhibit "A" (attached herein), office furniture, equipment and vehicles as "Surplus" for the purpose of sale through auction (scheduled for 12-06-2017) in accordance with Texas Local Government Code 263.152 (a)(1); AND, in the event "NO BIDS" received;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

B. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subsection (1) at auction on 12-06-2017 resulted in no bids were received;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

C. Requesting authority to publish advertisement for the auction of surplus equipment and vehicles scheduled for 12-06-2017, including, but not limited to, Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
Attachments:
 
3.
AI-62582
Approval to enter into an updated Master Lease Agreement with Ricoh USA, Inc.  for copiers [replacing the previous CC Master Lease Agreement of  4- 27-2004  with Ikon Office Solutions, Inc. and known today as, Ricoh USA, Inc.].  

Salazar noted that they're still missing the 1295 form but recommended approval subject to compliance. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to compliance.
                                        
Vote: 3 - 0 - Unanimously
 
4.
AI-62614
Presentation of the responsible vendor, Lhoist North America of Texas, submitting the lowest & best bid for of award and approval of contract [meeting all specs/requirements-attached herein] for the Request for Bid titled: "Lime Road Material and Services," project no. 2017-209-10-18-RFV.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
B.
 
Executive Office
 
1.
AI-62581
Acceptance and approval of invoices of Premium/Fees and attached hereto as 2018-2019 Coverage Summary for Property and Casualty Insurance Policies in the total amounts of $733,963.00 McGriff Siebles & Williams of Texas, Inc. and $1,872,858.00 to Montalvo Insurance Agency effective January 01, 2018 through January 01, 2019 with authority for County Treasurer to issue checks after review, audit and processing procedures are completed by County Auditor with the authority for County Executive Officer to sign any applicable documentation received throughout term of insurance coverage.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

Valde Guerra disclosed that there was a premium increase of $153,160 and Salazar added that this is also inclusive of assets purchase.
 
2.
AI-62559
Requesting approval of extension [as provided under the original] to purchase the insurance coverage and/or services for Excess Workers Compensation Insurance in the amount of $205,199.00 as described in the renewal offer ubmitted by and through Montalvo Insurance Agency.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by HIDALGO COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval.

Vote: 2 - 0 – Unanimously

Commissioner David L. Fuentes abstained from voting on this item.
 
C.
 
Pct. 1
 
1.
AI-62519
A.  Requesting approval of final negotiated agreement Contract #C-17-290-11-21with Alpha Infrastructure Engineering, PLLCin connection with the provision of  Professional Engineering Services for Precinct No. 1 Midway Road Project [as approved to negotiate by HCCC 10-17-17];

Salazar noted that the auditor had a concern over some language upon commissioners court approval, however, Mr. Crain recommended being kept that way. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

B.  Approval of Work Authorization No. 1 with Alpha Infrastructure Engineering, PLLC in the amount of 78,900.00 for Midway Road Project.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
2.
AI-62511
A.  Requesting exemption from competitive bidding requirements under TxLGC 262.024(a)(4), a professional service;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

B.  Engagement of Albert J. Garcia, RS [a state of Texas licensed/certified/registered "Sanitarian"] for the design of a septic tanks system for on-site sewerage to service three (3) restroom facilities at Delta Lake Park including acceptance of said designs from AG Construction & Septic Designs in the amount of $400.00 .

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
3.
AI-62387
Pct. #1: Requesting acceptance and  approval of the following for RDH Site and Concrete,LLC for Goolie Road Paving Improvements under Contract C-16-277-08-09 including, but not limited to:

A. Certificate of Substantial Completion as submitted and recommended by project engineer, LeFevre Engineering & Management Consulting, LLC reflecting the date of June 30, 2017;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

B. Application for Final Payment in the amount of $14,250.02;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

C. Certificate of Construction Completion as submitted and recommended by project engineer, LeFevre Engineering & Management Consulting, LLC reflecting the date of July 8, 2017;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

D. Application for Retainage Payment in the amount of $56,272.11

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
4.
AI-62393
Pct. #1 is requesting acceptance and approval of the following for IOC Company, LLC., for FEMA Road & Drainage Improvements: Indian Hills under Contract C-16-399-12-13 including, but not limited to:
A. Certificate of Construction Completion as submitted and recommended by project engineer, TEDSI Infrastructure Group reflecting the date of August 21, 2017.;

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

B. Application for Payment No. 5 (Retainage Release) in the amount of $64,048.99.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
D.
 
Pct. 2
 
1.
AI-62620
Acceptance and approval to execute the final form of agreement Contract #17-277-11-21 with Millenium Engineering Group, Inc. for the provision of: (on call) professional Geo-Technical / Construction Material Testing Services  for  projects located in Precinct No. 2, [as approved for negotiations on CC 09/26/17];

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
E.
 
Pct. 3
 
1.
AI-62635
Requesting approval of Work Authorization No. 3 (with an estimated cost of $1,718,000.00) as submitted by project engineer, L&G Consulting Engineers, Inc. through Contract #15-161-11-17 to provide Engineering Services, Contract  (Right-of-Way Map, Right-of-Way Acquisition, Compensable Utility Management, and Construction Management) for Precinct 3 Veterans Boulevard Project Phase III.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
2.
AI-62634
Requesting approval of Supplemental Agreement No. 1  of current contract [C-15-426-12-15] with L&G Consulting Engineers, Inc. , dba, L&G Engineering, for professional engineering services for: "South Detention Basin," to reflect the extension of the termination date to December 14, 2018.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
Attachments:
 
3.
AI-62592
Requesting approval of Work Authorization No. 4 through contract # C-13-305-10-07 (estimated cost of $918,600.00) as submitted by project engineer, L&G Consulting Engineers, Inc. to provide Engineering Services (Right-of-Way Acquisition, Permitted Utility Coordination and Compensable Utility Management) for Precinct 3 Mile 3 Project from FM 492 to Tom Gill Rd.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
F.
 
Pct. 4
 
1.
AI-62643
Approval of Supplemental Agreement #2 to Work Authorization #3 for Additional Services with an increase of $7,050.00 revising the estimated total cost to $96,410.00 as submitted by Halff Associates, Inc., contract # C-16-188-05-10 for: Project Specific-"MILO PONCE PARK" in Precinct 4.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
2.
AI-62424
Authority to purchase one (1) 2017 Motor Grader for Hidalgo County Precinct No. 4. [through HGAC/BUY contract EM06-17] awarded vendor, Nueces Power Equipment (NPE) in the amount of  $237,583.65. subject to HGAC requirements with Project #2017-294.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously 
 
G.
 
Budget & Management
 
1.
AI-62558
a. Clarification of AI-51594 approved on 10-27-15, term approved was for acceptance of fees for the remainder of initial term and not an extension to the contract.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously

b. Requesting authority to exercise Hidalgo County’s option to exercise the last one (1 ) year extension with UnitedHealth Care under the same rates, terms and conditions [as provided under the original RFP award in 2013] for “Section…and COBRA Administration Services” with renewal/extension effective January 01, 2018 through December 31, 2018.

Martha Salazar recommended approval subject to compliance of form 1295.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by HIDALGO COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval.

Vote: 2 - 0 – Unanimously

Commissioner David L. Fuentes abstained from voting on this item.
 
H.
 
Sheriff's Office
 
1.
AI-62601
Requesting authority to enter into one (1) year service agreement with Correct RX awarded vendor [contract #16-206 through HC's membership participation with the Purchasing Solutions Alliance (PSA) Cooperative Program for the HCSO commencing on January 17, 2018, with options to renew annually through December 31, 2019 subject to 2 year extension with  one year term and for County Sheriff or designee to execute said agreement.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
16.
 
Open Forum

1)
Fern McClaugherty advised that the new Edinburg Economic Development held its first meeting last night. According to McClaugherty, the board stated concerns over the cost of the upcoming Edinburg's sports arena and the matter that they would not be receiving any benefits for the next 30 years.
Attachments:
 
17.
 
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, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 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-62621
CL-14-0676-D; Elizabeth Martinez v Hidalgo County et al

No action taken on this item.
 
D.
AI-62590
C-5679-15-I; Rolando Garcia v. Hidalgo County

No action taken on this item.
 
E.
AI-62624
Claim of Maricela Hernandez, Iram Rodriguez, minor & Martin Gonzalez Rodriguez

No action taken on this item.
 
F.
AI-62585
Claim of AT&T

No action taken on this item.
 
G.
AI-62655
Claim of Ray Eufracio

No action taken on this item.
 
H.
AI-62660
C-5039-17-I; Maria Del Rosario Cervantes, ind. & a/n/f of M.A.G, a minor v Hidalgo County

No action taken on this item.
 
18.
 
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. 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)

No action taken on Item.18.A. and B.
 
19.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

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

No action taken on this item.
 
C.
AI-62622
CL-14-0676-D; Elizabeth Martinez v Hidalgo County et al

Valde Guerra requested for settlement authority to make an offer in the amount of $35,000 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
D.
AI-62591
C-5679-15-I; Rolando Garcia v. Hidalgo County

No action taken on this item.
 
E.
AI-62626
Claim of Maricela Hernandez, Iram Rodriguez, minor & Martin Gonzalez Rodriguez

Valde Guerra requested for settlement authority to make an offer in the amount of $45,000 for Maricela Hernandez.

Settlement authority offer in the amount of $17,750 for Iram Rodriguez.

Settlement authority offer in the amount of $46,500 for Martin Gonzalez Rodriguez. 

Guerra reported that there will be ad litem fees for Iram Rodriguez. They are also working with the county's insurance carrier, as it will be insurance carrier money in respect to this settlement.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
F.
AI-62586
Claim of AT&T

Valde Guerra requested for settlement authority to make an offer in the amount of $2,539.48

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 3 - 0 - Unanimously
 
G.
AI-62656
Claim of Ray Eufracio

No action taken on this item.
 
H.
AI-62661
C-5039-17-I; Maria Del Rosario Cervantes, ind. & a/n/f of M.A.G, a minor v Hidalgo County

Valde Guerra reported that this claim has turned into a suit, the office of Josephine Ramirez will continue to facilitate. 
 
20.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
21.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
22.
 
Adjourn

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 21st day of November, 2017

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 21, 2017.

Signed this 21st day of NOVEMBER 2017




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


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