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Minutes for CC - REGULAR

SPECIAL MEETING - December 12, 2017

BE IT REMEMBERED, that on this 12th day of December 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 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
December 12, 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

All members of the court were 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 Item.8.A. to be pulled for further discussion.

Court proceeded to Item.18.A.
 
5.
 
County Judge's Office:
 
A.
AI-62884
Presentation by Mr. Rolando Garza, Chief Appraiser regarding property appraisal process and appraisal protest procedures

Appraisal District Chief Appraisal Rolando Garza, brief the court on the appraisal process. Garza noted that the appraisal district is an independent office not associated with Hidalgo County. He explained that they have their own board of directors who are elected by entities they served. They have three functions, to appoint the chief appraisal, establish an office, and to oversee the budget. Garza made clear that the board of directors can not tell him to increase or decrease the appraise values. The values are increased or decreased based on information the chief appraisal receives. 

Judge Garcia questioned if commissioners court has anything to do with the appraise values that are provided by the district. 

Garza clarified that the county nor any entity establishes any value, and commissioners court does not indicate any increases or decreases, either individually or as a whole. 

The judge asked Garza to explain who they report to.

Garza disclosed that the State Comptroller of Texas, does a property value study every two years. They take a sample of properties and value them according to what they think, and compared it to the appraisal district value which has to be about 95% of their value. According to Garza, typically, he is always low and the state wants him to increase value. If a property is increase, they send out notices allowing the property owner to file a protest to dispute that value. At that point, they negotiate the value and come to an agreement or go in front of the appraisal review board to establish what the correct value should be.

Judge Garcia clarified that that the appraisal review board is a separate board from the appraisal district board. Garza recognized that this is an independent board that oversees the values of the appraisal district, and they are appointed by the administrative district judge of Hidalgo County. 332nd District Court Judge Mario E. Ramirez, Jr. is the current administrative district judge and is the one responsible for appointing the appraisal review board. 

Fern McClaugherty noted that it was odd to have two people voted by the court and the school district and the City of Hidalgo County, be on this board for more than 25 years.

Rolando Garza explained that entities nominate candidates for the board of directors every two years, and they have an election every odd number year. Nominations from taxing entities such as the county and schools, are due before October 15. At this point, any individual nominated by these entities can be nominated, next, an election takes place and he informs all taxing entities of how many votes each individual is entitle to depending on the tax levy each entity has. Therefore, each entity has different amount of votes, at the end, the top five vote are declared vote winners. There are 50 nominated entities and 5,000 votes distributed. By December 15 votes are due and winners are declared by the end of the year. 

Furthermore, Garza notified that there is a slight change in the law for 2018, whereas before notices needed to be sent out by May 1st and the deadline to protest was May 31, now it has been moved up. Notices will now be sent out prior to April 15 and the deadline to file a protest will be May 15.
 
B.
AI-62841
1.) Report from the Rio South Texas Economic Council.

Matt Z. Ruszczak, Executive Director Rio South Texas Economic Council, updated the court on various activities that took place in 2017. Early this year, they hosted a Site Section Conference, Economic Marketing Activities, Developed the Building Blocks for Economic Development Series, attended Hannover Mess in Germany, also attended ICSC Texas show in Dallas, the annual conference for the Economic Development Corporation in Frisco, Texas., also joined the German American Chamber of Commerce. During the year, they had additional members joined and now have four major school districts joined. 

Commissioner Palacio stepped away from the meeting.

This coming year marks the 10th anniversary year and are planning a tour of the region. The Rio South Texas Economic Council also moved office location this year. Next year, they're looking to expand their website capability.

Port of Brownsville Port Director & CEO Eduardo A. Campirano, stated that they are on the verge of major industrial expansion in the Rio Grande Valley. Those kind of entities do not care about city or county lines, because no one single entity fulfills the requirements. Campirano thanked the court for all the continuous support.

Michael Leo informed that for Hidalgo County portion of the tour, they were able to partnered with precinct 3 and include Anzalduas Park. 

2.) Discussion and approval of the service agreement for Rio South Texas Economic Council pursuant to LGC Sec. 381.004.

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: 4 - 0 – Unanimously

3.) Approval of 2018 Membership Dues for the Rio South Texas Economic Council in the amount of $17,500.00 with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.

Commissioner Palacios joined the meeting.

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: 5 - 0 – Unanimously

Court proceeded to Item.6.A.
 
C.
AI-62904
Acknowledgement of receipt of three Texas Association of Telecommunication Officers and Advisors video awards presented to Hidalgo County and Recognition of Public Affairs Department Multimedia Coordinator Jaclyn Treviño for her work on the award-winning videos.

Hidalgo County Public Affairs Multimedia Coordinator Jaclyn Treviño,was acknowledged for the three award-winning videos in Community Event Coverage for the 2016 "National Night Out", Public Service Announcement for video "Stop Illegal Dumping in Hidalgo County" and Overall Excellence in Programming. 

Julia Sullivan and the entire commissioners court congratulated Mrs. Treviño on her work and for bringing statewide recognition to the county. 

Jacklyn Treviño thanked Judge Garcia, all the commissioners, and the Executive Office for their continued support.

Court proceeded back to Item.5.A.
 
6.
 
District Attorney's Office:
 
A.
AI-62726
DA's Title IV-E (1100):
1. Approval of the REVISED Title IV-E Grant Budget (Contract #23941008) for October 1, 2017 - September 30, 2018.

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: 5 - 0 – Unanimously

2. Approval for County Judge to sign the following documents:
     a. Budget

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: 5 - 0 – Unanimously
 
7.
 
Constable Pct. #3:
 
A.
AI-62774
Constable Pct. 3:
Discussion, consideration and approval to appoint Jon Eric Garcia as Reserve Deputy Constable by Constable Lazaro Gallardo, Jr., Constable Pct. 3, in accordance to Texas Local Government Code Section 86.012.

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-62875
Requesting approval of reimbursement for LVN Norma Elizabeth Alcocer for the completion of license for Non Certified Technician online through Texas Medical Board in the amount of $50.61.

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:
 
9.
 
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

No action taken on this item.

Mrs. Salazar informed of the collaboration between The Hidalgo County Tax Assessor and Collector and The Hidalgo County Appraisal District, in partnership with Linebarger Gogan Blair and Sampson, LLP. will offer educational presentations regarding property taxes. The presentation will be held Thursday, December 14, 2017, at the Edinburg City Hall, presentations will be free to the public.

2) Emergency situations occurring since last agenda meeting

Valde Guerra reported on the pipe situation at the courthouse late Friday afternoon. Facilities Management was conducting their end of the week inspection when they found a water leak at the courthouse, the leak was so severe that they contemplated shutting down the courthouse for the rest of the day. However, facilities management was able to work through the problem Friday night and most of Saturday, this was a collaboration with the City of Edinburg. According to Guerra, the issue came from a 4 inch water pipe sleeve that apparently shifted due to weather. About 15 gallons of water was extracted from the carpet area near the law library.

As per Guerra, if the main waterline was to give and there wouldn't be a quick fix, they would have to shut the courthouse or utilize porta potties.
Attachments:
 
B.
AI-62844
Appointment of Representative to the Urban Counties Policy Committee for 2018-2019 term

Valde Guerra recommended keeping Commissioner Joseph Palacios as representative. 

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

Vote: 5 - 0 - Unanimously
 
C.
AI-62860
Approval of Right of Way Permit:  (Open Cut)
1.  City of Mercedes - Mercedes, TX (Pct 1)

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: 5 - 0 – Unanimously
Attachments:
 
D.
AI-62821
Children's Advocacy Center d/b/a Estrella's House (1100):
1. Discussion, consideration, and action regarding funding request in the amount of $50,000.00 from the Children's Advocacy Center, d/b/a Estrella's House.

Children's Advocacy Center of Hidalgo County Estrella's House, Executive Director Jesus Sanchez informed that they are the only agency in Hidalgo County that helps children ages 2 to 17. Last year they served 1,337 cases, an increase of 12% of their 2016 fiscal year. Sanchez noted that thanks to the county's support, they were able to opened an office in the precinct 3 area. Next year they hope to open an office in the Weslaco area and expand their community outreach efforts by introducing a curriculum to the school districts. 

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

Vote: 5 - 0 – Unanimously

2. Discussion, consideration, and action on Declaration of Support to the Children's Advocacy Center, d/b/a Estrella's House.

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

3. Approval to authorize County Treasurer to issue check in the amount of $50,000.00 to the Children's Advocacy Center d/b/a Estrella's House after review and processing procedures are completed by the County Auditor.

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

Valde Guerra informed that the funds allocated for Estrella's House are unclaimed electricity credits from the state.
 
E.
AI-62857
Approval to accept settlement check from Pronto Insurance Agency in the amount of $2,211.87 to settle auto accident claim with County vehicle. (Sheriff Office)

Commissioners Palcios and Cantu stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 3 - 0 - Unanimously
 
10.
 
Human Resources:
 
A.
 
Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
B.
AI-62850
Sheriff's Office (1100):
Ratification of effective date for the personnel action approved by Commissioners Court on December 5, 2017, AI-62741, from 12/11/17 to 11/27/17.

Sergio Cruz explained that this was an action that was taken by the Sheriff's Office for promotion of one of the employees. Based on the step and grade policy that the county has, a promotion can basically guarantee a one step increase. The lieutenant position that was vacant was at a lower step, therefore they are asking to move that step to a higher step of 4. Cruz restated that this is in accordance with the policy and practice they instituted with the grade and step, and it is also in accordance with the law enforcement pay plan table. 

Valde Guerra disclosed that there was a concern by the auditors office and informed Linda Fong that he would be asking the court to take action and then have legal look at it one last time. 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval subject to legal approval.

Vote: 3 - 0 – Unanimously
 
C.
AI-62890
Pct. 1 Administration (1200):
1. Approval of the following personnel actions, effective 01/02/18, not to exceed twelve (12) weeks:
Action Dept./ Prg. Slot # Proposed Position Title Current Budgeted Amount Proposed Budgeted Amount
Create 121-004 T034 Administrative Assistant I $0.00 $6,125.00/yr. - $12.76/hr.
Create 121-004 T035 Administrative Assistant I $0.00 $3,062.00/yr. - $12.76/hr.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

2.  Approval of the following personnel actions, effective 01/02/18
Action Dept./ Prg. Slot # Current Position Title Proposed Position Title Current Budgeted Amount Proposed Budgeted Amount
Position Title Change 121-005 0043 Truck Driver III Maintenance II $29,241.00 $29,241.00

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

3.  Approval of intradepartmental transfer.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously
Attachments:
 
11.
 
Urban County:
 
A.
AI-62889
"Subject to Compliance with HB 1295, when and if Applicable." The Urban County Program is requesting the award of bids and the approval of contracts with R G Enterprises, LLC, dba G & G Contractors and Quality Investments for the demolition and reconstruction of the following:
  1. (1) Unit in the Countywide area, (1) unit in the City of Weslaco, (1) unit in the City of Elsa and (2) units in the City of Mercedes in the total contract amount of $308,700.00 to R G Enterprises, LLC, dba G & G Contractors and 
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 3 - 0 - Unanimously
  1. (3) Units in the Countywide area and (1) unit in the City of San Juan in the total contract amount of $251,999.99 to Quality Investments.
P.R. Avila with Urban County read the amount for $251,999.96 and stated to Steve Crain that there was an error but has been corrected. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval with correction.

 Vote: 3 - 0 - Unanimously
 
12.
 
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

No action taken 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

No action taken on this item.
 
13.
 
Fire Marshal's Office:
 
A.
AI-62751
Requesting approval for the destruction (through the Hidalgo County Sheriff's Office) of fire uniforms/gear due to exceeding 10 year expiration date. 

Martha Salazar recommended taking no action at this time until December 19,2017, when they can provide more supporting documentation.

Court took no action on this item.
Attachments:
 
14.
 
Community Service Agency:
 
A.
AI-62836
Discussion, consideration, and possible action for approval to amend the PY 2017 Community Service Block Grant (CSBG) No. 61170002636 budget as reflected in the amendment, with authorization for Jaime Longoria and Judge Ramon Garcia to sign any and all pertinent documents. 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously
Attachments:
 
15.
 
IT Department:
 
A.
AI-62845
Authorization and approval to purchase and to change the user's name through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following:
Office: Description: User: Service Plan: Transfer From: Transfer To: MDN:
Comm. Pct. 2 New Data Card Office Use Mobile Broadband Unlimited @ $37.99/month  N/A N/A New #
HC Planning Dept. Name Change N/A Nationwide Unlimited Voice w/ Email & Data Plus MHS Office Use Gilberto Pecina / ID#159131 956-358-8579

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 3 - 0 - Unanimously
 
16.
 
Elections Administration:
 
A.
AI-62744
Hold a public hearing to consider comments on the County of Hidalgo's participation in the Secretary of State's Countywide Polling Place Program for the November 7, 2017 Constitutional Amendment Election.

Hidalgo County Elections Administrator Yvonne Ramon, presented the map of the elections annex building, the small squares on the center of the map indicate precincts 108 and 109. Prior to the countywide program, those two squares on the middle of the map would have been only for voters who are able to vote at the elections annex. Ramon pointed out that the small dots around the two squares represent every voter outside the two squares that were able to come to the annex to cast their vote thanks to the countywide program. The next map representing the University of Texas Rio Grande Valley (UTRGV)which now has a permanent polling place on campus; showed students who attempted to vote and voted due to the countywide program. South Texas College (STC) map displayed students who were able cast their vote at the college. 

The map representing Sgt. Fernando De La Rosa Library located in the City of Alamo, showed five precincts that would have been the only voters able to vote in that location. However, voters throughout the county even as far as City of Palmview were able to vote at this location now. Ramon showed the map for the Jose Pepe Salinas Center located in City of Pharr, which represents precincts 6 and 35, where all the way to El Sauz and even to rural areas and eastern parts of the county voted at the center. Furthermore, the elections administrator informed that the Weslco Business Visitor & Event Center was having an election. According to Ramon, Weslaco usually has one polling place location represented on the map by seven precincts, all voters that fall south of that precinct were able to vote at the center. 

Ramon reported on the provisional report, meaning that a voter will not be able to vote directly on the machine due to various reason. Reason being, that on election day, a person had to go vote on that one poll location representing the person's precinct. The elections administrator reported that in 2016, they had 49 voters rejected because they found themselves at the wrong poll location during the primary, and 38 rejected voters during the general election. Therefore, Ramon stated that with the permission of the court, this upcoming 2018 she will apply for permanent status for  countywide poll place program.She hopes that in 2018 no voter will be rejected if they find themselves at the wrong location. 

Commissioner David Fuentes asked how the new voting machines worked during the general election and the response with respect to results. 

On that note, Ramon informed that the response was positive from the voters and office staff. Additionally, time was cut down in setting up the machines.

Judge Garcia opened the public hearing.

1) Jim Barnes a former elections judge, thanked the court for purchasing the new voting equipment and being able to utilized during this past election. Barnes claimed the voting machines were fantastic to use. As far as the countywide program, the former elections judge informed this was the first time he has not turned anyone away because they didn't belong in that polling location. 

2) Beth Barnes also an elections judge, disclosed to the court that she received positive feedback on the countywide program.

3) Erica Ventura informed she worked as elections clerk during this past election held in Hidalgo City. Reported that the new machines worked well, and votes were surprised at how easy the machines were to manage. Ventura disclosed that they had a poll watcher from Austin, Texas, who was overwhelm at how easily the machines were to conduct. 

4) Martha Sanchez from La Union Del Pueblo Entero (LUPE) disclosed that every year they take new naturalized citizens to polling locations to vote and get them familiarize with the voting system. This year they were surprised that voters did not need any help with the machines, and were also glad they had the option to cast their vote in Spanish. Salazar said this will help increase votes. She thanked the court for supporting the purchase of these new voting machines. 

5) Albert Morales from the Advocacy Alliance Center of Texas, together with Carlos Martinez were present to show support of the new Hidalgo County Countywide Polling Program. He reported that they did not receive any complaints or concerns, with the election running smoothly. Morales stated that this new program made it very convenient to go vote.On election day, people were not turned away, whereas before they used to turned people away. Extending hours also helped increase votes.

Carlos Martinez presented the total votes turnout from 2015 to present. He thanked the elections department for making it easier for the voter. 

5) Annette Muñiz stated that it was convenient to be able to cast her vote at the annex building, specially because there were several propositions affecting Veterans. The cast went so quickly and smoothly that she contacted Yvonne Ramon to compliment the process and the staff. Muñiz emphasized on the importance of having these locations and making the process accessible to people. 

6) Marissa De Leon a former state wide race candidate, claimed that this concept was not new and that other counties had already implemented. Although, she acknowledged the positive outcome of the program in the county, she noted on how some election workers were not too familiar with questions she asked and at times she had to call the elections office to notify of issues. De Leon claimed she was denied from using the bathroom. Additionally, she disclosed that changes of poll locations was also an issue, and petitioned to identify sites and inform the public about it. She recollected that one year, she did not receive notification of changes in poll location from San Carlos to near El Cibolo.

Commissioner Cantu joined the meeting.

7) Fern McClaugherty from the Objective Watchers of the Legal System (OWLS) commented that the poll location located at the university did not have good directions. Additionally, she pointed out that parking was not appropriate and even poll workers got tickets. McClaugherty thanked the court and tax payers for purchasing the new voting machines. 

Yvonne Ramon noted that finding locations is one of the most difficult jobs. They'll  consider more sites as they prepare for the primary, and have more stable locations. 

The judge thanked the elections administrator and staff for all their work. 

Judge Garcia closed the open hearing.
Attachments:
 
B.
AI-62814
1. Approval of 2017 certification of revenues, as certified by the County Auditor for 2016 HAVA Program Income.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

2. Approval of 2017 appropriation of funds for HAVA Program Income Title 1 (1283) in the amount of $241,879.47.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

3. Approval of 2017 appropriation of funds for HAVA Program Income Title 2 (1283) in the amount of $385,054.44.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously

Yvonne Ramon reminded the public that City of Donna is holding elections for mayoral and the council member place 3. The election poll place is located at the Donna Recreation Center. 

Court proceeded back to Item.16.A.
 
17.
 
Precinct #3 - Comm. Flores:
 
A.
AI-62827
Requesting approval of Agreement for Right of Way Procurement between Hidalgo County and Texas Department of Transportation for FM 494(Shary Rd.) from FM 676 (Mile 5) to SH 107 RCSJ: 0864-01-072 with authority for the County Judge to sign required documentation.

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: 4 - 0 – Unanimously

Court proceeded to Item.19.A.
 
18.
 
Precinct #4 - Comm. Palacios
 
A.
AI-62915
Discussion and action on Resolution in support of Adopting Park in Pueblo De Palmas Phase 22 Subdivision

Commissioner Palacios commented that as part of taking action on protecting wildlife in the area, they have a partnership deal. They have a donation of 130 acres to develop a park in Pueblo De Palmas Phase 22 Subdivision. 

The park will be located in precinct 4 near the intersection of Alamo Rd. and Monte Cristo (FM 1925). 

The park will be adopted and maintain by Precinct 4, Commissioner Palacios. 

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

Vote: 5 - 0 - Unanimously

Court proceeded back to Item.5.C.
 
19.
 
Budget & Management
 
A.
 
Budget Appropriations:
 
1.
AI-62855
Co. Records Mgmt (1238)
Approval of 2017 appropriation of funds in the amount of $7,200.00 for the District Clerk (dept. 090) to fund records storage services (PO #766820).

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4- 0 - Unanimously

Commissioner Flores stepped away from meeting.
 
20.
 
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-62905
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(a) (7) (a) proprietary software;

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
 
b. Requesting approval of agreement for "On-line Research Services" with Lexis Nexis for the 332nd State District Court.

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
 
2.
AI-62758
Requesting approval for reimbursement of $ 16.35 to Martha L. Salazar for the purchase of three (3)  duplicate original vehicle titles [needed for auction]  obtained at the Pharr TxDOT offices [as no Purchase Orders or Checks are accepted by TxDOT] with check to be issued after all processing procedures are completed.

Martha Salazar asked Valde Guerra to read out the item as it pertains to her. 

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
Attachments:
 
B.
 
Pct. 1
 
1.
AI-62877
Requesting approval of final negotiated Professional Services Agreement with R.O.W. Surveying Services, LLC for Precinct No. 1 on an on call basis [as approved to negotiate byHCCC on 10-31-17 thru R-AI # 62330]. 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
C.
 
Pct. 2
 
1.
AI-62906
Requesting authority and approval to purchase one (1) used 2015 Caterpillar 926M (High Lift) Wheel Loader for Hidalgo County Precinct No.2 through Hidalgo County's participation/membership with cooperative purchasing program PCA, Contract# 3-170-17 in the amount of $152,200.00 inclusive of a warranty of 36 months or 3k hours subject to compliance with form 1295.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously
 
D.
 
Pct. 3
 
1.
AI-62911
a. Acceptance and approval to execute the final form of agreement Contract #17-311-12-12 with L&G Engineers for the provision of: (on call) Professional Engineering Services-Environmental (on an as needed basis) for  projects located in Precinct No. 3, [as approved for negotiations on CC 10/31/17];

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

b. Acceptance and approval of Work Authorization No. 1 in the amount of ($8,101.44)  as submitted by project engineer, L&G Engineers for "Phase 1 Environmental Site Assessment " services for project specific: [10 Acre Tract of Land of Texas Gardens Subdivision] located in Precinct 3, in connection to agreement # C-17-311-12-12.  

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
Attachments:
 
2.
AI-62790
Requesting approval of Work Authorization No. 3 (with an estimated cost of $354,000.00) as submitted by project engineer, L&G Consulting Engineers, Inc. through contract #13-133-12-03 to provide Engineering Services required for the preparation of the Right-of-Way Acquisition for an estimated amount of 22 parcels and Compensable Utility Management, for Precinct 3 Shary Road (FM 494) project from FM 676 (Mile 5) to SH 107.

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
 
E.
 
Pct. 4
 
1.
AI-62805
a.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) professional services for the following disciplines:

b.  Presentation of scoring grids (for the purpose of ranking by CC) of the firms graded & evaluated through the County's approved "pool" and as nominated and approved by CC on 10-31-17 (AI-62182) for Professional Architectural Services for the "Design & Construction of a County Services Facility" located in Precinct No. 4.
 
Architectural Firms Gomez-Mendez-Saenz,Inc. Ortiz Architecture & Environment, LLC Rike-Ogden-Figueroa-Allex Architects, Inc.
Evaluator 1 87 90 100
Evaluator 2 97 96 99
Evaluator 3 97 95 98
Evaluator 4 95 94 99
Evaluator 5 96 95 98
Final Score 472 470 494
Ranking 2 3 1

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

 c.   Presentation of scoring grids (for the purpose of ranking by CC) of the firms graded & evaluated through the County's approved "pool" and as nominated and approved by CC on 10-31-17 (AI-62182) for Professional GEO Technical/Construction Material Testing Services for the "Design & Construction of a County Services Facility" located in Precinct No. 4.
 
Engineering Firms Millennium Engineers Group Professional Service Industries, Inc. Yzaguirre Engineering Group, LLC
Evaluator 1 100 92 93
Evaluator 2 98 99 96
Evaluator 3 99 98 97
Evaluator 4 100 90 96
Evaluator 5 97 98 94
Final Score 494 477 476
Ranking 1 2 3

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

d.  Presentation of scoring grids (for the purpose of ranking by CC) of the firms graded & evaluated through the County's approved "pool" and as nominated and approved by CC on 10-31-17 (AI-62182) for Professional Surveying Services for the "Design & Construction of a County Services Facility" located in Precinct No. 4.
 
Surveying Firms Melden & Hunt, Inc. Sames Engineering & Surveying Chavez Automated Design Consultants Corporation (CAD)
Evaluator 1 90 100 93
Evaluator 2 96 98 92
Evaluator 3 99 95 94
Evaluator 4 94 98 94
Evaluator 5 95 97 90
Final Score 474 488 463
Ranking 2 1 3

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

e.  Authority for the Purchasing Dept. to negotiate professional services agreements with the number one (1) ranked firms for the disciplines herein: Architectural Service;Rike-Ogden-Figueroa-Allex Architects, Inc. (ROFA) GEO Technical/Construction Material Testing Services:Millennium Engineers Group & Surveying Services:SAMES Engineering & Surveying.

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
 
F.
 
Sheriff's Office
 
1.
AI-62846
A.  Requesting exemption from competitive bidding requirements Texas Local Government Code 262.024(a)(2)(3):  an item necessary to preserve or protect the public health or safety of the residents of the county; (3) an item necessary because of unforeseen damage to public property including compliance with Texas Commission on Jail Standards;

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

Commissioner Flores joined the meeting.

B.  Pursuant to statutory exemption herein, action to approve an exception from Hidalgo County current Purchasing Policies and Procedures [Chapter VIII, Section 8.03 amended] requiring at least three (3) written quotations for purchases over $3,500.01 but less than $50K;

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: 4 - 0 – Unanimously
 
C.  Approval to accept and approve a Requisition and process a Purchase Order in the amount of $17,388.17 to Security Design Inc., dba, Cornerstone Detention Products [part of the Cornerstone Group of Companies] including authority for the Sheriff or County Judge to execute required Scope of Work document for the repairs to cell doors and thus comply with Tx. Comm. on Jail Standards.

Commissioner Fuentes stepped away from the meeting.

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: 3 - 0 - Unanimously
 
G.
 
Adult Probation
 
1.
AI-62866
Acceptance and approval of partial payments for for two on-going renovation projects at the HC Substance Abuse & Treatment Facility [SATF],  [Restroom Renos. & Facility Door] to awarded JOC vendor Alpha Building Corporation as follow:
A.  Application #s1 & 2 totaling $68,700.67 for the SATF Restroom Renovation Project ( through PO #768014);  and,
B.  Application #s 1 & 2 totaling $11,885.60 for the SATF Facility Door Project (through PO #767950)

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: 3 - 0 - Unanimously
 
H.
 
WIC
 
1.
AI-62908
Acceptance and approval of "Third Amendment" to the lease agreement [C-13-213-01-14], between Hidalgo County WIC Program to reflect name change of lessor from Jose I. Ramirez to P and ARL, LLC. subject to compliance of form 1295.

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

Vote: 3 - 0 -Unanimously
 
I.
 
Executive Office
 
1.
AI-62560
A.  Requesting approval of an "Amended" Sole Source Declaration [CC approved 2011] for Palm Valley Animal Center to include the language which continues said declaration unless otherwise revoked by HCCC as circumstances and facts remain the same;

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

Vote: 3 - 0 -Unanimously

B.  Requesting approval of Contract # C-17-268-12-12 [under the existing and amended sole source declaration] with Palm Valley Animal Center for “Hidalgo County-Impoundment and Quarantine of Small Animals” effective January 01, 2018 through December 31, 2018. 

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

Vote: 3 - 0 -Unanimously

Valde Guerra and Martha Salazar reported there was a slight increase over last year's contribution. Guerra disclosed that the dollar amount the county is contributing by statute is of $821,406.00
 
J.
 
Health & Human Services
 
1.
AI-62822
Acceptance and approval of Third Amendment [subject to legal counsel review] to current Contract #C-14-988-02-11 for the provision of professional services in connection with the "Medicaid 1115 Waiver Texas Health Transformation and Quality Improvement Program"  with Ken Nolting, dba, Nolting Consulting Services due to the State of Texas' extension of the 1115 Waiver Program through 2018 [and as permitted under the terms of the agreement].

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

Vote: 3 - 0 -Unanimously
 
21.
 
Open Forum

1)
Fern McClaugherty commented on an article that claims that the property tax system is based on a lie. As per McClaugherty, the article points the local government as the one responsible for controlling property taxes and hide behind their appraisal district.
 
22.
 
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. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, 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-62893
Pending/potential litigation - Notice of Claim: Donna TIRZ #1

No action taken on this item.
 
D.
AI-62869
C-5679-15-I; Rolando Garcia v. Hidalgo County

No action taken on this item.
 
23.
 
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.23.A and B.
 
24.
 
Open Session:
Attachments:
 
A.
 
Real Estate Acquisition and appropriation for same

Commissioner Fuentes joined the meeting.

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

No action taken on this item.
 
C.
AI-62894
Pending/potential litigation - Notice of Claim: Donna TIRZ #1

Judge Ramon Garcia abstained from any discussion relating to this item.

Proceed as Directed.
Attachments:
 
D.
AI-62870
C-5679-15-I; Rolando Garcia v. Hidalgo County

Valde Guerra requested for settlement authority to make an offer in the amount of $39,500

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: 4 - 0 – Unanimously
 
25.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
26.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
26.
 
Adjourn

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 12th day of December, 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 December 12, 2017.

Signed this 12th day of DECEMBER 2017




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


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