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Minutes for CC - REGULAR

SPECIAL MEETING - July 31, 2018

BE IT REMEMBERED, that on this 31st day of July A.D., 2018, 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
July 31, 2018
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 in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

Judge Ramon Garcia called the meeting to order at 10:01 a.m.

All members of the court were present during the meeting.
 
2.
 
Pledge of Allegiance

The Pledge of Allegiance was recited by the court.
 
3.
 
Prayer

Opening prayer offered by Julia Sullivan.
 
4.
 
Approval of Consent Agenda

The court moved to approve the Consent Agenda with the exception of Items. 3.A., 5.B.,9.A., 12.A., and 11.A & B. to be pulled for discussion.

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: 5 - 0 -Unanimously
 
5.
 
County Judge's Office:
 
A.
AI-65762
Recognition of Sen. Juan "Chuy" Hinojosa, who served as Interim County Judge in 1995, and the unveiling of his portrait on the Wall of County Judges.

Commissioners Court honored Senator Juan "Chuy" Hinojosa for serving as Interim County Judge in the summer of 1995. The senator was presented with his portrait on the wall of judges during commissioners court.

Hinojosa said he was honored to be part of such history as one of the Hidalgo County judges. 
 
B.
AI-65761
1. Approval of Interlocal Agreement for services by and between Hidalgo County and the Alliance for Interstate 69 Texas.
2. Approval to pay membership dues to the RGV Mobility Task Force in the amount of $8,620.00 with authority for the County Treasurer to issue the check after review, audit, 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 on 1 and 2.
                                                                              
 Vote: 5 - 0 – Unanimously
 
C.
AI-65864
1. Discussion, consideration and action on the Parking Plan that will be implemented for the duration of the construction of the new courthouse beginning on September 4, 2018.
2. Discussion, consideration and action on naming and placing signage on parking lots A1, A2, A3, L1, L2, L3, and MCL, notifying the public of the parking assignments and the September 4th, 2018 closure of a portion of the Main Courthouse Parking Lot (MCL) and the closure of the portion of Closner Blvd in front of the Courthouse.
3. Discussion and action on designating Juror lots L1 on Monday through Thursday 7:30 am - 5:30 pm and L2 on Monday and Tuesday from 7:30 am - 5:30 pm, beginning on August 27th, 2018.

Jonathan Almanza notified that the main courthouse parking lot square will be closed starting September 4, 2018. According to Almanza, a portion of Closner Blvd. in front of courthouse will be permanently closed resulting in a loss of approximately 300 parking spaces. On the grounds that parking spaces will be lost, drone footage was taken in early February 2018 and a parking study was provided by Jacobs Engineering. According to the data collected, courthouse and courthouse annex parking lots had a minimum of 300 spaces available in the surrounding areas at any given time with approximately 1,085 available total spaces. Further, the numbers indicate that peak usage is during the first Tuesday of the month at 8:30 a.m. with about 340 parking spots still accessible in the surrounding lots. As per Almanza, the conclusion is that current county owned properties can temporary compensate for permanent loss of main courthouse lot during the construction of the new courthouse. 

Moreover, the study indicated that Lot #3 (L3) known as the old Chevrolet parking lot was completely empty throughout the week and the courthouse annex lot Lot #3 (A3) known as shady acres never exceeded 20% of its capacity. Therefore, their conclusion is that these two lots compensate for the loss of 300 spaces in the main courthouse lot. As a result, they are considering prioritizing parking and parking assignments because at the moment spaces are on a first come, first serve. As a consequence, in order to control parking flow the plan would be to prioritize jurors, general public, courthouse employees, and courthouse annex employees. As stated by Almanza, approximately 200 jurors arrive on any given Monday or Tuesday morning and another 200 on Monday afternoon. Therefore, they determined to dedicate parking lots L1 and L2 for jurors only. However, (L1) will a juror only lot on Monday through Thursday and any juror overflow will be located on (L3) and main courthouse lot (MCL).

Visitors and general public will be able to park on main parking lot at all time, on Monday's and Tuesday's parking Lot#2 will be limited to 30 minutes, and they'll also be able to park on L3, A1, A2, and A3. Employees will be able to park on L3, A2 and A3 with open parking on Friday.

In order to facility route, they're considering a courthouse shuttle system which will be part of an MOU with Valley Metro (LRGVDC). According to the proposal, tow trolleys or buses will conduct about three stops with a 5 minute interval. According to Almanza, a federal grant will cover 80% of the purchase price of the two trolleys and 50% of the yearly service and maintenance costs. 

Julia Sullivan informed that public outreach will consist of news release, advertising, parking maps will places in every parking lot, beginning next week, and a vide PSA will be played at commissioners court on August 14 , 2018.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 1 to 3.

Vote: 5 - 0 - Unanimously

Court proceeded to Item.26.A.
 
6.
 
HIDTA - Task Force:
 
A.
AI-65759
HIDTA  - 1291
1. Ratification of reprogram request #3, submitted on 07/17/18, to move remaining FY17 grant funds from fringes to salary in order to expend all grant funds.

Commissioner Fuentes stepped away from the meeting.

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

Vote: 4 - 0 – Unanimously

2. Authorization to accept the reprogram request approval.

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

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-65791
HIDTA Task Force (1291):
1.  Authorization and approval to accept award no. G17SS0002A, Modification Number 3, Cooperative Agreement between Hidalgo County and the Executive Office of the President Office of National Drug Control Policy in the amount of $47,000.00 for the grant period of 01/01/17-12/31/18.

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

Vote: 4 - 0 – Unanimously

2. Authorization for County Judge,as authorized official, to sign grant award form and related documents.

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

Vote: 4 - 0 - Unanimously

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

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

Vote: 4 - 0 - Unanimously

4.  Approval of certification of revenues, as certified by the County Auditor's Office. 

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

Vote: 4 - 0 - Unanimously

5.  Approval of appropriation of funds for the Hidalgo County HIDTA Task Force in the amount of $47,000.00

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.
AI-65755
Requesting approval for County Treasurer to process payment for fuel reimbursement in the amount of $25.00 for TFA Rodrigo Sampayo after auditing procedures are completed by County Auditor. TFA Rodrigo Sampayo paid for fuel expense with personal credit card due to Hidalgo County Card not working properly.

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
Attachments:
 
D.
AI-65753
Requesting approval for payment of claims for M&M Towing & Recovery Invoice #'s 17-9900, 17-9901, 17-9902 all totaling in the amount of $1,750.00 including authority for County Treasurer to issue payment after review and auditing procedures are completed by the County Auditor.

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

Vote: 4 - 0 - Unanimously
Attachments:
 
7.
 
Sheriff's Office:
 
A.
AI-65730
1. Authorization and approval to purchase through the State of Texas Surplus Property Program under Chapter 2175.001 of the Texas Local Government Code and Sec. 262.024 (9)c: Thirteen (13) Pallets of COTS (8 per pallet, 104 cots total) for a total amount of $1,040.00 thru requisition 375570.

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

Vote: 4 - 0 -Unanimously 

2. Authorization for Purchasing Department to issue a purchase order and County Treasurer's to issue a check made payable to Texas Facilities Commission after County Auditor's review

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
 
B.
AI-65785
Sheriff's Office OCDETF (1284):
1. Approval to clarify the awarded Overtime amount for the Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal Year 2018 as previously approved in AI-61811 on 10/03/17; correct amount awarded for Overtime: $8,000.00.

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

Vote: 4 - 0 - Unanimously

2. Approval to deobligate funds from the Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal Year 2018 in the amount of $7,000.00 to reflect actual awarded Overtime amount.

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

3. Approval to deobligate revenues from the Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime and Authorized Expense Agreement for Fiscal Year 2018 in the amount of $7,000.00 to reflect actual awarded Overtime amount.

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

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI-65611
Sheriff - Operation Stonegarden (1284): Authorization and approval to request an extension in reference to Operation Stonegarden FY2016. New termination date: November 30, 2018. 

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

Vote: 4 - 0 - Unanimously
Attachments:
 
8.
 
Constable Pct. #1:
 
A.
AI-65756
Constable Pct #1:
Discussion, consideration, and approval to appoint Alfredo Barrera Jr as Reserve Deputy Constable by Constable Celestino Avila Jr, Constable Pct. 1 in accordance with 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: 4 - 0 - Unanimously
Attachments:
 
9.
 
Constable Pct. #2:
 
A.
AI-65603
Constable Pct. #2 - LBSP (1284):
1. Authorization to accept the Approval Notice in reference to Local Border Security Program (LBSP) FY 2019 for  the amount of $32,000.00.

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

Vote: 4 - 0 - Unanimously

2. Authorization and approval for a County Judge, as authorized official, to Electronically accept grant award form and related documents.

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

Vote: 4 - 0 - Unanimously

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

Commissioner Fuentes joined the meeting.

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

4. Approval of Certification of Revenues as certified by the County Auditor for the FY 2019 Local Border Security Program (LBSP) Grant.

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

5. Approval to appropriate the budget for Constable Pct. #2 Office portion of the FY 2017 Local Border Security Program (LBSP) Grant in the amount of $32,000.00.

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

Vote: 5 - 0 - Unanimously
Attachments:
 
10.
 
Constable Pct. #4:
 
A.
AI-65695
Requesting approval to process the following invoice as a claim with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:
Pueblo Tires & Service; Invoice No. 5048605; Invoice Date 6/21/2018; Invoice Amount $15.98.

No action taken on this item.
Attachments:
 
11.
 
Constable Pct. #5:
 
A.
AI-65641
Constable Pct. 5 TTBH:
Discussion, consideration, and approval to appoint Sergio Hinojosa as Deputy Constable by Constable Daniel Marichalar, Constable Pct 5, in accordance with Texas Local Government Code Section 86.011.

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
 
B.
AI-65640
Discussion, consideration, and approval to appoint Crucita Alvarado, Oscar Limas and Cesar Gutierrez as Reserve Deputy Constables by Constable Daniel Marichalar, Constable Pct. 5, 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:
 
12.
 
Justices of the Peace:
 
A.
AI-65748
J.P. Pct. #2, Pl. 2:
Requesting for Commissioners Court to accept and approve the "Public Purpose" [pursuant to Texas Constitution, Art 3, Section 52] served for the request to purchase promotional items. Items needed to be purchased through current term are such as but not limited to koozies, sport bottles, key chains, lanyards and etc. as these items will be useful to inform, relate progress, educate and report important information to our constituents on aspects of numerous projects, programs, and events.

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: 5 - 0 - Unanimously
 
13.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects

No updates discussed on this item.

2) Emergency situations occurring since last agenda meeting

Valde Guerra informed that the second chiller has been installed at the courthouse and has been in operation for almost 2 weeks.
 
B.
AI-65868
Discussion, consideration and action to designate public area where public sales of real property may occur, other than an area at the Courthouse, an approve Order as to same.

Valde Guerra informed that at the moment sales are held at the old Chevrolet building, he is now requesting the court approval to designate the Hidalgo County Administrative Building, located at 2802 S. Business Hwy 281, Edinburg, Texas 78539 (outdoor covered area on the west side of the building) as the area where sales of real property will take place. 

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

Guerra noted that this action is effective today for the next sale.

Assistant District Attorney Josephine Ramirez notified that the statute requires that is a 90 day time period from the day it's approve, therefore will go into effect in October. 
 
C.
AI-65811
Discussion, consideration and action on request by City of Edinburg Fire Department for use of Administration Building Parking Lot located at SE corner of South Business Hwy. 281 and Canton Rd. to conduct their annual hose tests on Monday, August 13, 20 & 27,  2018 from 5:30 pm to 10:00 pm

Commissioner Flores stepped away from the meeting.

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

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI-65863
Discussion, consideration and action to authorize Valde Guerra, Executive Officer to sign any and all documents associated with the Insurance Claim for the June 20, 2018 Rain Event

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
E.
AI-65867
1.  Requesting approval of proposed Agreed Order, Case No. 53322, Docket No. 2016-1986-MLM-E, regarding the Pct. 1 Monte Alto Collection Site with authority for Ramon Garcia, County Judge to sign. (previously signed by Valde Guerra, Executive Officer)

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

2.  Requesting approval of Revised Proposed Agreed Order, Case No. 55486, Docket No. 2017-1771-WQ-E regarding clean-up of unauthorized trash dumpsites with authority for Ramon Garcia, County Judge to sign

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
Attachments:
 
F.
AI-65879
Requesting approval to submit Notice of Intent Form for FEMA Disaster # DR-4332 to the Texas Division of Emergency Management as it relates to the central portion of Hidalgo County Precinct 1, including the Las Brisa / Chapa Road area to the east to the IBWC Floodway and approval of any subsequent Notices, Forms and applications.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
G.
AI-65872
1. Discussion, consideration, and approval of the Stimulating Business and Commercial Activity through the Arts (SBACA) Initiative, under the Hidalgo County Arts Program, as authorized under Section 381.004(b)(7) of the Texas Local Government Code. 

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

Vote: 4 - 0 -Unanimously

2. Discussion and approval of the 2018 service agreement between Hidalgo County and the Boys and Girls Club of Pharr.

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

Vote: 4 - 0 -Unanimously
 
H.
AI-65898
Requesting approval of Interlocal Cooperation Agreement between County of Hidalgo and City of Mercedes, Texas (Veteran Services)

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

Valde Guerra notified that he'll be in contact with the city manager and workout the schedule for the services and rotation. 
Attachments:
 
14.
 
Human Resources:
 
A.
 
Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed

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: 4 - 0 -Unanimously
 
B.
AI-65841
CCP Salary Schedule - Various Departments:
1.  Approval of CCP Salary Schedule corrections as listed on Exhibit A, effective 04/30/2018.

Commissioner Palacios stepped away from the meeting.

Silguero noted that 5 positions needed correction.

2.  Approval of backpay in the total amount of $ 117.72 for employee no. 227595 pursuant to Section 8.02 of the Classification and Compensation Pay Plan.

Silguero informed that the correct salary for Step 1 is $25,470 but the employee was getting paid $24,960

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
Attachments:
 
C.
AI-65900
County Rec Mgmt (1238):
Approval of the following personnel actions, effective next full pay period 08/06/2018:
Action Dept./ Prg. Slot # Current Position Title Current Grade/Step Current Budgeted Salary Proposed Position Title Proposed Grade/Step Proposed Budgeted Salary
Reclassification 180-004 0001 Records Facility Manager G13/S01 $49,597.00 Deputy County Clerk III G09/S03 $39,052.00

Raul Silguero informed that this is the same item from last meeting, which the court requested further clarification on. The director advised that County Clerk Arturo Guajardo, Jr. had already clarified any questions with the court. With regards, Commissioner David Fuentes said he did not receive any clarification. On that note, the county clerk said he met with Commissioner Palacios and Commissioner Cantu and was present to clarify any questions or concerns by the commissioner. 

Commissioner Fuentes remarked that he was under the impression this was a county compensation issue as far as the process of reclassifying an employee down. Guajardo advised that this is not the first time they've gone through this process or that it has been done by other departments as well. This is an internal decision were all polices were followed. Further, the county clerk informed that he chaired on the civil service rules when they were rewriting all rules. He further disclosed that as soon as he was notified of the previous action he contacted Commissioner Cantu, who said he was under the impression that this was a county wide change as a result of the step-and-grade. According to Guajardo, he promptly clarified to Commissioner Cantu that this was not the case, and as of yesterday he also clarified the situation to Commissioner Palacios who said was ok with an internal change. 

Commissioner Cantu questioned Raul Silguero as to the next step to take after taking action. The director explained that periodically they have to do reclassifications because of changes in duties to an employee's assign work. Sometimes changes are up due to increase in duties because of new federal regulations or new work requirements but sometimes the reductions are down because reclassifications are down due to changes to the assigned work. 

Again, Commissioner Cantu asked what the employee could do after this decision is taken. With regards, Silguero said that every employee who is affected by an adverse action is entitled to file a grievance and go before the civil service commission.

In reference, Commissioner Fuentes stated his understanding for the request by the county clerk and said respects the procedures. However, he disclosed not feeling comfortable about how the employee is being exposed to having to adjust change in lifestyle based on pay without proper notice, and/or the ability by the county to rectify this issue. Further, the commissioner noted that it is not the employee's fault to the changes in duties, and questioned what the county has done to give the employee an opportunity to stay at the current rate. Guajardo advised that this could have gone a different route and have the position eliminated, again reminding the court that this is a special fund for the county clerk's. According to Guajardo, they did the best they could to not eliminate the position. Nevertheless, the county clerk said this change will happen and the administrator will be moved as there is nobody over there anymore as a result of the office moving some of the services to that building. It was disclosed by the county clerk, that the person will be moved to the courthouse as this is his call to make. However, he indicated to the court that if they did not want to adjust the salary, then that was their call to make or if they wanted to deviate from the rules that are in place and noted that he is just following the rule structure as it is in place today. 

Once more, Commissioner Fuentes questioned the measurements taken to accommodate the employee to be able to stay at the current rate whether it be in the county clerk's department or somewhere else. With regards, Guajardo said this could be a possibility and implied to the commissioner that he or anyone else could take the employee in. Again, the commissioner asked if the county followed the procedures to accommodate the employee based on his experience and job responsibilities. Guajardo restated that unfortunately there are no other accommodations in his office. Fuentes said to Guajardo he respected his decision to make this change but continue to question if the employee was provided with an opportunity to stay at the same pay. 

Commissioner Flores joined the meeting.

In reference, Silguero advised that they do not have any procedures or guidelines with regards to reclassifications, as every department is budgeted by the court and positions are limited. In any case, vacant jobs are posted and the employee has the right to apply. Further, Silguero reminded the court that in this case the employee has the right to file a grievance. 

Commissioner Cantu depicted that if this action does go to grievance and that committee would find differently, then Guajardo would still have the right to terminate the position. Silguero stated that Guajardo has that same right to do so right now. All things considered, Commissioner Cantu advised to Commissioner Fuentes that although he understands his concerns, the possibility to eliminate the position is one of his concerns. Cantu informed that his concern was because this action is usually for grant position; however the other option could be that Guajardo can look at other measurements and eliminate the position.

Commissioner Fuentes questioned if the employee was given proper notice. Silguero advised that they provided notice a few weeks ago. With regards, Commissioner Flores asked what the employee's response was to this action. The human resources director disclosed that they met with the employee and provided a copy of Chapter 9 and Chapter 10 of the rules which are the rights to file a grievance. Further, according to Silguero they also explained the procedures of the process. Once again, Commissioner Fuentes advised that his concern was whether or not the employee was provided with the opportunity to do something different. Silguero said that the only remedy they can provide is to allow the employee to file a grievance. In response, Commissioner Fuentes stated that this does not show "good spirit" as far as trying to take care of employees. With regards to the commissioner's statement, Guajardo alleged that this action is no different than what was done a few months ago with the IT director. Further the county clerk claimed that the IT director position went down as a reclassification action taken by the court. On that note, both Commissioners Cantu and Fuentes assured that this was very different. Finally, Commissioner Fuentes voiced disagreement as to the county's approach and advised Guajardo that he was ok with the decision as his position was concern. 

Commissioner Flores asked Silguero if there was any other way to talk with the employee and weighing the options. Silguero responded that if the court wish to retain the employees' current salary, then the court has that option and authority. They could place the employee by the step equivalent to match the salary. However, the director noted that perhaps Guajardo may not feel comfortable with other employees doing the same work and being paid at a lower salary.

Commissioner Cantu stated that his concern is that the employee could be terminated, therefore for that purpose; he motioned to approve the reclassification. 

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: 4 - 0 -Unanimously
 
D.
AI-65819
Community Service Agency (3300):
Approval of the following personnel actions effective next full pay period 08/06/2018:
Action Dept./ Prg. Slot # Current Position Title Current Budgeted Salary Proposed Position Title Proposed
Budgeted Salary
Reclassification 901-033 0012 Accounts Payable Analyst $33,592.00 Accountant II $40,749.00
Reclassification 901-033 0003 General Accounting Supervisor $49,005.00 Accountant IV $55,440.00

Silguero advised that these are two requests for reclassification because they are not in the step-and-grade plan. The community agency payroll is through its department but are working on placing them under the classification plan in the near future. Longoria explained that this is due to the turn around they identified in the accounting department. At this point they want to be more in line as to what the county pays for that job duty and experience. It was disclosed that given that positions are grant funded they don't affect the general fund.

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: 4 - 0 -Unanimously
Attachments:
 
E.
AI-65892
Classification and Compensation Plan:
1. Approval to add the following four (4) position titles to the (CCP) Plan Classified Positions List:
 
Action Position Title Grade
Add Zika Coordinator II 11
Add Zika Research Analyst 10
Add Zika Public Health Specialist I 09
Add Zika Clerk II 03

Silguero advised that this is a 1-year grant for the health department.
 
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

2. Approval of Job Descriptions.
3. Approval to revise the (CCP) Plan Classified Positions List.

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
 
F.
AI-65816
Constable Pct. 2 (1100):
Approval of the following personnel actions, effective next full pay period 08/06/2018:
Action Dept./
Prg.
Slot # Current Position
Title
Current Grade & Step Current Grade & Step Salary Proposed Position
Title
Proposed Rank
& Step
Proposed Salary
Reclassification 292-001 0008 Switchboard Operator G06/S02 $29,690.00 Communications Officer R02/S01 $37,893.00

Raul Silguero informed that this involves going from one pay plan to another. The employee is now a certified communications officer and should be compensated through the law enforcement pay plan.

Correction: Proposed salary should be $34,893

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
Attachments:
 
G.
AI-65809
Urban County - TxCDBG Disaster Recovery(1288):
Approval of the following personnel actions, effective next full pay period 08/06/2018:
Action Dept./Prg. Slot # Position Title Grade Budgeted Salary
Delete 250-006 0001 Coordinator I, UCP 09 $36,455.00
Create 250-006 0004 Clerk II 03 $25,470.00
Create 250-006 0005 Program Specialist I 09 $36,455.00

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
Attachments:
 
H.
AI-65813
Sheriff (1100):
Approval of the following personnel actions, effective next full pay period 08/06/2018:
Action Dept./Prg. Slot # Position Title Current Allowance Amount Proposed Allowance Amount
Delete Clothing Allowance 280-001 0108 Deputy Sheriff $500.00 $0.00
Delete Clothing Allowance 280-001 0176 Senior Deputy Sheriff $500.00 $0.00
Delete Clothing Allowance 280-001 0229 Deputy Sheriff $500.00 $0.00
Delete Clothing Allowance 280-001 0333 Deputy Sheriff $500.00 $0.00
Add Clothing Allowance 280-001 0067 Senior Deputy Sheriff $0.00 $500.00
Add Clothing Allowance 280-001 0195 Senior Deputy Sheriff $0.00 $500.00
Add Clothing Allowance 280-001 0196 Deputy Sheriff $0.00 $500.00
Add Clothing Allowance 280-001 0332 Deputy Sheriff $0.00 $500.00

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
Attachments:
 
I.
AI-65817
Information Technology (1100):
Approval of the following personnel actions, effective next full pay period 08/06/2018:
Action Dept./Prg. Slot # Current Position Title Current Grade/ Step Proposed Position Title Proposed Grade/Step
Step Adjustment 200-001 0045 Data Center Project Manager III G14/S01 Data Center Project Manager III G14/S02

Raul Silguero advised that this is subject to funding. It was disclosed, that this is a step adjustment because of a demotion.

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: 4 - 0 -Unanimously
Attachments:
 
J.
AI-65838
Pct. 3 Road Maintenance (1200):
Approval of the following personnel actions effective next full pay period 08/06/2018:
Action Dept./Prg. Slot # Position Title Grade/Step
Delete 123-005 0063 Tire Repair Specialist I 05/07
Create 123-005 0109 Tire Repair Specialist II 07/01

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: 4 - 0 – Unanimously
Attachments:
 
K.
AI-65847
Discussion, consideration and approval for Hidalgo County Office of the County Judge to appoint Khatrina Te as a volunteer/intern under Hidalgo County Office of the County Judge for the period of August 1, 2018 to August 31, 2018.

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: 4 - 0 – Unanimously

Court recessed at 11:18 a.m. 

Court reconvened at 11:19 a.m.
Attachments:
 
15.
 
Urban County:
 
A.
AI-65825
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for construction material testing engineering services.

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: 4 - 0 -Unanimously 
 
2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) construction material testing engineering services firms from the county’s approved “pool” as graded and evaluated by the City of Elsa, Urban County Program and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 27 (2014) City of Elsa – Street Improvement funds.
Professional Service Firm Grade Ranked
Fulcrum Consulting Services 96% 1
Terracon Consultants, Inc. 94% 2
Earth Co. 90% 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

3. Authority to negotiate a construction material testing engineering services contract with the No. 1 ranked firm of Fulcrum Consulting Services for the provision of construction material testing engineering services for an Urban County Program Year 27 (2014) City of Elsa– Street Improvements project

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
 
B.
AI-65843
Subject to HB 1295 Compliance, requesting consideration and action to award and enter into a construction contract with GNH Company, LLC in the amount of $180,523.02. UCP Fiscal Years 27, 28 & 29 (2014, 2015 & 2016) Elsa-Street Improvement funds will be utilized.

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.
AI-65823
“Subject to Compliance with HB 1295, when and if applicable.” The Urban County Program on behalf of City of La Joya is requesting authority to purchase equipment through Hidalgo County’s membership and participation with Houston-Galveston-Area Council approved vendor, Municipal Emergency Services (H-GAC Contract#EE08-17) in the amount of $26,532.77 (quote attached hereto), freight/delivery will not be charged. City of La Joya UCP Years 29 & 30 (2016 & 2017) Fire Station Equipment funds will be utilized.

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
 
D.
AI-65767
1. Subject to Compliance with HB 1295, when and if applicable, the Urban County Program on behalf of the City of La Joya is requesting approval of a best and final negotiated contract for professional engineering services with Hinojosa Engineering, Inc., in the amount of $22,000.00 utilizing CDBG FY 27 & 28 (2014 & 2015) Street Improvements funds.

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: 4 - 0 -Unanimously 

2. Approval of Work Authorization No. 1 for Hinojosa Engineering, Inc., in the amount of $22,000.00.

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
 
16.
 
Health & Human Services Department:
 
A.
 
Health Care Funding District:
 
1.
AI-65772
A. Public Hearing, at 9:30 am, to consider public comments concerning amending the rate associated with the mandatory provider participation payments that the County requires of all local hospitals for fiscal year FY 2018 and establishing how the revenue derived from any increases in mandatory payments resulting from the rate amendment will be spent.

Eduardo Olivarez informed that they are looking to increase the percentage that hospitals payments would be for the local participant provider fund, which would increase from a 3.62% to 6% for total hospital payment. Olivarez noted that this does not impact general fund. This will allow for more assistance for uncompensated care.

Judge Garcia Opened the Public Hearing.

No public discussions made.

Judge Garcia Closed the Public Hearing.

B.  Consideration and approval of amending the rate  associated with the mandatory provider participation payments that the County requires of all local hospitals for fiscal year FY 2018 from 3.62% to 6%  and establishing how the revenue derived from any increases in mandatory payments resulting from the rate amendment will be spent.

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.  Consideration and approval for the Hidalgo County Tax Assessor/Collector to collect the amended mandatory payment required by Hidalgo County Health Care Funding District.

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

D. Consideration and approval to assess amended mandatory payment annual rate from 3.62% to 6%.

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

E. Consideration and approval to set amended assessment dates.

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
 
2.
 
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.
 
17.
 
Fire Marshal's Office:
 
A.
AI-65884
Requesting approval to reimburse employee John D. Franz the amount of $77.30 (requisition# 374100) for fuel purchase for county vehicle due to county issued fuel card not functioning, with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor.

Judge Garcia 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
 
18.
 
Adult Probation:
 
A.
AI-65682
Adult Probation - DWI (1289)
June 2018
1. Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $930.00.

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

2. Approval of appropriation of the DWI program income (GPI) in the amount of $930.00.

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
 
19.
 
IT Department:
 
A.
AI-65856
Authorization and approval to purchase new wireless data service plans through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following:
Department: Description: Employee/ID: Service Plan: Equipment: MDN:     
Comm. Pct. 1 New Data Card Jorge Peña/ 219630 Mobile Broadband Unlimited @ $37.99/mo MIFI 7730L @ $0.00 N/A
Comm. Pct. 1 New Data Card Jose Cabeza de Vaca/ 207837 Mobile Broadband Unlimited @ $37.99/mo MIFI 7730L @ $0.00 N/A
Comm. Pct. 1 New Data Service David Suarez/116216 Mobile Broadband Unlimited @ $37.99/mo iPad Pro @ $0.00 N/A
W.I.C. 3 New Data Cards WIC Office Use Mobile Broadband Unlimited @ $37.99/ea per mo. MIFI 7730L @ $0.00 N/A
Health Dept. 4 New Data Service Immunizations Division Mobile Broadband Unlimited @ $37.99/ea per mo. Xplore Xslate R12
Tablets @ $0.00
N/A

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
 
20.
 
Elections Administration:
 
A.
AI-65774
1. Discussion and approval of Appointment of Democratic Party Presiding Election Judges and Alternate Election Judges for August 31, 2017, through July 31, 2019.

2. Discussion and approval of Appointment of Republican Party Presiding Election Judges and Alternate Election Judges for August 31, 2017, through July 31, 2019

No action taken on Item.20.A.1 and 2.
 
21.
 
WIC:
 
A.
AI-65836
Requesting approval for payment for the following invoices as claims with authority to County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
VENDOR LOCATION INVOICE# SERVICE DATE AMOUNT
Reliant 3503 W. Mile 5 Rd. Ste. 7 Mission, Tx 78574 008-006-234-741-6 06/08/17 - 07/10/2017 $559.10
Travel Advisors 3105 W. University Dr. Edinburg, Tx 78539 6378 07/12/2017 - 07/14/2017 $656.00
Core Solutions 3105 W. University Dr. Edinburg, Tx 78539 378041
378042
378047
MX-M654n Copier
07/01/2017 - 07/31/2017
MX-4070N Copier
07/01/2017 - 07/31/2017
MX-4070N Copier
08/01/2017 - 08-31-2017
$120.89
$15.51
$16.91

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

Clarissa Ramirez informed that the office will be transitioning to paperless secured program cloud base system known as Texas Integrated Network (TXCIN) within the next few week. Hence, staff will be in training for the next weeks and offices will be closed during that time. 
 
B.
AI-65833
Requesting approval to accept the Certificate Of Acquisition By Political Subdivision Or Assistance Organization to the Hidalgo County, consisting of 23 Dell OptiPlex Desktops, and one Dell E5550 Laptop as indicated on Page 1 & 2 for a total of 24 pieces.

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
 
22.
 
Planning Department:
 
A.
AI-65763
1. Preliminary Approval
a. Alyssa Marie Torres Subdivision- Pct. 3 (Eberardo Torres) (Doffing Road (F.M. 492) & Mile 7 North Road)
No. of Lots: 1 Single Family
Flood Zone: X
Drainage: Yes, Drainage will be provided by natural perculation within the proposed lots and surface runoff will be drain into Doffing Road (F.M. 492) side ditch.
ETJ: Yes, City of McAllen.
Water: Yes, provided by Agua SUD
Sewer: Yes, OSSF
Paved: Yes, Doffing Road (F.M. 492) paved.

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

b. San Martin No. 5 Subdivision- Pct. 1 (Tillmin Welch) (Canton Road & Dillon Road)
No. of Lots: 29 Single Family
Flood Zone: C
Drainage: Yes, Drainage will be provided by Storm drainage pipe system and detention will be provided by widening the existing drain ditch.
ETJ: Yes, City of Donna.
Water: Yes, provided by North Alamo Water Supply Corporation
Sewer: Yes, OSSF
Paved: Yes, Dillon Road and Canton Road paved.2 internal streets to be paved.

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. Final Approval
a. Commercial 1911 Estates Subdivision- Pct. 3 (Frank Perez) (F.M. 681 & F.M. 490)
No. of Lots: 2 Commercial
Flood Zone: C
Drainage: Yes, Drainage will be provided by onsite detention based on the approved site plan at building permit stage.
ETJ: No, Rural Area
Water: Yes, provided by Sharyland Water Supply Corporation
Sewer: Yes, OSSF to be installed at building permit stage.
Paved: Yes, F.M. 681 paved.

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
 
23.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-65912
Pct. 1 is requesting approval to accept the counter offer to purchase a tract of land known as Parcel No. 12 associated with the Mile 6 W Road Improvement Project (CSJ# 0921-02-356).

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
Attachments:
 
24.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-65871
1.  Requesting approval to submit a permit application to the United States Army Corps of Engineers by L & G Engineering & Texas Department of Transportation on  behalf of Hidalgo County, to obtain a permit for the Precinct 2 Dicker Road Project.

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.  Authorization for County Commissioner Eduardo Cantu to sign all pertinent permit application 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:
 
25.
 
Precinct #3 - Comm. Flores:
 
A.
AI-65858
Approval of 2018 appropriation of funds from Precinct 3 R&B unassigned fund balance to various Precinct 3 R&B accounts in the amount of $659,110.32 to fund operating expenditures.

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

Court proceeded to Item.27.A.
Attachments:
 
26.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-65880
Presentation regarding Hidalgo County Precinct 4's Disaster Relief Public Forum scheduled for August 3, 2018, in the Hidalgo County Precinct 4 CRC in San Carlos, Texas (in conjunction with the U.S. Small Business Administration, FEMA, and Texas Rio Grande Legal Aid, Inc.)

Donato Medina invited the public to the upcoming Disaster Relief Forum on Friday, August 3, 2018 at 10:00 to 12:00 p.m. at 230 86th St. in Edinburg. The public will be able to talk with FEMA, SBA and local organizations about applying for disaster recovery assistance from the June rain events. 

Medina acknowledged and thanked Congressman Vicente Gonzalez for helping coordinate meeting with federal agencies. Present during the meeting, Philip Hammer with FEMA, Linley Boone-Almaguer with Texas Rio Grande Legal Aid and Corey Williams with SBA.

Williams informed they've held several  disaster meetings throughout the county, he also reminded the public that the deadline to apply for fiscal damage is September 4, 2018.

Philip Hammer with FEMA, notified that they are partnering with small business administration, during those meetings they'll have staff assisting survivors who have not register. Additionally, they'll also provide information on how to mediate for future claim insurance, and provide translation in Spanish and hearing and sign language. 

Linley Boone-Almaguer noted they'll provide information regarding legal issues that come about during this type of disaster.
Attachments:
 
B.
AI-65835
Requesting consideration and approval of Interlocal Cooperation Agreement between County of Hidalgo and The University of Texas Rio Grande Valley (to collaborate at Pct. 4 San Carlos CRC on 86th Street)

Dr. John Ronnau, UTRGV informed that this is an Area Health Education Center Clinic in the San Carlos Community Resource Center. Dr. Ronnau thanked Commissioner Palacios for all his support in developing this service for constituents, this is a 5-year project. As part of this, they also developed a community advisory board of prominent citizens from the area. Dr. Ronnau recognized CRC Director Alicia Rodriguez; AHEC Associate Director Lydia Maldonado and Dr. Shawn Saladin. 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, 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.6.A.
 
27.
 
Budget & Management:
 
A.
AI-65803
Consider and approve a resolution authorizing publication of the County's Notices of Intent to Issue Certificates of Obligation in an amount not to exceed $154,500,000 as authorized under state law for purposes of paying contractual obligations of the County to be incurred for certain projects and to pay for the cost of issuance of the certificates of obligations and making other provisions regarding matters incident thereto.

Noe Hinojosa updated the court on the discussion held regarding the funding for a $127,000,000 courthouse project along with the precincts requests of about $18,000,000 and other CIP of about $4,000,000

The financial advisor informed that since then, the only numbers that have change are the other CIP numbers going from $4,000,000 to now borrowing $9,500,000 

Hinojosa explained that the approval is to go out and publish the notice of intent to borrow $127,000,000 for the courthouse and about $27,500,000 for other purposes.

Judge Garcia joined the meeting.

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: 4 - 0 -Unanimously 
 
B.
AI-65768
TXDOT Receivables (1315):
Authority for the County Executive Officer to sign required reimbursement forms, including but not limited to TXDOT Form ROW-N-20AB and Comptroller of Public Accounts Form 74-209, as necessary, for all qualifying reimbursement requests associated with any current and future TXDOT road projects.

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: 4 - 0 -Unanimously
 
C.
AI-65725
Discussion, consideration, and approval to update the Texas Department of Emergency Management Designation of Subrecipient Agent form to reflect Alternate Contacts:
Grants Accounting Supervisor - Deborah Fischer
Grants Accountant -Maria Munoz
Planning Analyst II- Rolando Garcia
First Asst. Auditor - Linda Fong

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
Attachments:
 
D.
AI-65795
FY 2017 JAG Program (1282):
1. Approval to accept the FY17 Edward Byrne Memorial Justice Assistance Grant (JAG) Award in the amount of $43,026.00.

Commissioner Flores stepped away from 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: 3 - 0 – Unanimously

2. Approval of Certification of Revenues as certified by the County Auditor for the FY17 JAG Award.
3. Approval of appropriation of funds for the FY17 JAG Award.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on 2 and 3.
                                                        
 Vote: 3 - 0 – Unanimously
 
28.
 
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-65573
a. Acceptance of the "sole and qualified response" received for award of the "2018 POOL OF TITLE REPORT SERVICES" for HIDALGO COUNTY (including all funding sources, programs and entities), RFP No. 2018-159-06-13-LHS;

b. Approval of Contract with firm as (set forth below) in connection to the "2018 POOL OF TITLE REPORT SERVICES" for HIDALGO COUNTY (including all funding sources, programs and entities);

C-18-159-07-31 - South Texas Land Investigations, commencing, 07/17/18, expiring, 07/16/19.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval subject to final legal review on A and B. 
                                                        
 Vote: 3 - 0 – Unanimously

Martha Salazar made an observation that they needed to correct the date to the front end document, therefore it is subject to final legal review. 
 
2.
AI-65905
a. Requesting approval of Work Authorization #1 in the amount of $35,534.00 under the current "on call" agreement with Halff Associates, Inc.(C-18-142-05-08) for the provision of "engineering services" for: Renovation to the Hidalgo County Annex Building Network Operations Center (NOC);

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. Pursuant to contract with Halff Associates, Inc., [Article 14] to C-18-142-05-08, approval to permit the subcontracting of Chanin Engineering for the Renovation to the Hidalgo County Annex Building Network Operations Center (NOC).

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

Salazar noted that this project is subject to funding.
 
3.
AI-65904
Acceptance and approval of a Memorandum of Understanding between Hidalgo County and the Lower Rio Grande Valley Development Council in connection with shuttle services [provided thru Valley Metro] for staff and visitors to the HC Courthouse during construction of new courthouse project with final review and approval as to legal form by HC DA/Civil Section.

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
 
4.
AI-65861
Presentation of bids received for the purpose of award to the responsible vendor Terra Firma Materials submitting the lowest and best bid [meeting all specifications/requirements] and approval of contract document for project titled "Hot Mix Cold Laid" an Hidalgo County Wide Project through RFB No.: 2018-101-05-16-FAZ subject to HB 1295 compliance.

Martha Salazar stated that this is subject to HB 1295 compliance and all other corrections that may be needed. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval subject to compliance of HB 1295 and all other corrections that may be needed. 
                                                        
 Vote: 3 - 0 – Unanimously

Commissioner Flores joined the meeting.
 
5.
AI-65865
A. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4), a professional service;

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

B. Acceptance and approval of a Letter of Engagement with the law firm of Atlas, Hall & Rodriguez on an as needed basis for services required by Hidalgo County Commissioners Court and as further detailed in document.

Salazar noted that this is also subject to all compliance with all required status. 

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

 Vote: 4 - 0 - Unanimously
 
6.
AI-65770
Action/Direction from Hidalgo County Commissioners Court to address the submission of several identical proposal responses by companies/carriers on behalf of one agent per proposal including, but not limited to, the following Options:

A. Ask insurance companies [as proposals originated & were sent to HC with & by them] to select the proposal with agent for HC to score/grade/evaluate; OR,

Salazar informed they received multiple proposals with one agent proposal, to further confirm they have asked carriers to identify if these proposals were duplicates as they have documentation as backup that they are duplicates proposals which gives the court two options. Either, (A) to ask the carrier to announce their prefer agent and decide among identical proposals or (B) proceed to score and grade all proposals and draw lots if in case. 

Commissioner Cantu suggested scoring all of them and bringing them back and decide once they have the final spreadsheet. Salazar reminded the court that the county approved that the RFP be submitted, with multiple proposals but only one agent per proposal. There's one particular situation where they have five agents by one carrier. Again, Salazar restated that their advise was that they would accept multiple proposals but with one agent per proposal. The clarification was that the carrier was using the instructions to say they have six independent agents and can only issue one proposal. However, that wasn't the clarification, again the clarification was that they could issue multiple proposals but only name one agent per proposal. 

Judge Garcia asked if this was the county's agent or the insurance agent? Salazar informed that this is the insurance's agent. Further, she reminded the court that reason being is that the court still wants one agent permitted. The only service the agent provides is the initial enrollment, thereafter they do not assist the county with any other service. Salazar pointed that this is associated with those commissions. Additionally, they have confirmed with the agencies that these are identical proposals and do not deviate. 

Again, Commissioner Cantu asked to bring back all the scores and then decide. Salazar stated that they will bring them but advised that they're all going to be the same. Nevertheless, she indicated that they might need a waiver to address the one proposal with multiple agents. 

Commissioner Fuentes stepped away from the meeting.

Sergio Cruz recommended rating all proposals and have identical scores for those that are duplicates, and draw lots for those that needed. 

Valde Guerra pointed out that Commissioner David L. Fuentes abstained from any discussions from Item.28.A.6. A, B. or C. 

Judge Garcia asked about the outcome if no one wants to draw lots. Sergio said that if they're not going to draw lots then this will be option (A) however, at that point if they are the number one firm and is the same carrier with two different identical proposals and two different agents then they'll give notice that their plan was selected. However, they would need to select the agent they prefer. 

B. Proceed to score/grade all proposals and thereafter have CC draw lots when grid presented for ranking [as all aspects exact/equal];

C. Other option if in accordance with RFP.

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 to select option (A).

Vote: 3 - 0 - Unanimously
 
7.
AI-65769
Emergency Management:
Acceptance and approval for Auditor to process and Co. Treasurer to issue payment for invoices/claims [from 01 to 08-2017 and 01 to 03-30-2018] to vendor, Party Ice: as goods/services were rendered prior to department submitting requisition and obtaining a Purchase Order.

Commissioner Fuentes joined the meeting.

Salazar stated that this would be subject to the final solution to the problem with purchasing.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval subject to the final solution to the problem with purchasing. 

Vote: 4 - 0 -Unanimously
Attachments:
 
8.
AI-65826
HC Dept. of Human Resources/Civil Service requests pursuant to Texas State Constitution Article 3, Section 52 the declaration of a "public purpose" with authority to purchase promotional items to be utilized when attending or hosting public functions to include, but not limited to, speaking events, presentations, meetings,ceremonies, and school career days, etc. and the affixing of any applicable identifying logos effective upon Commissioners Court and valid through 12-31-18.

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
 
9.
AI-65821
Requesting authority for Valde Guerra, County Executive Officer, to sign and submit Federal Excise Tax Exemption Certificate for 2018 as requested by vendor, Rush Truck Centers.

Commissioner Flores stepped away from 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: 3 - 0 – Unanimously
Attachments:
 
10.
AI-65807
Pursuant to current Hidalgo County Purchasing Policies & Procedures [amended 03/20/18], requesting an amendment to Chapter VI, Section/Article 6.03.02 as follows:
6.03.02. No specifications shall be written, which by design exclude legitimate competition between vendors. Brand names and model numbers that may appear in the Specifications and/or Pricing/Delivery Information sheet are for reference only. It is not the intent of Hidalgo County to restrict these bids in such cases, but to establish a desired quality of level of merchandise or to meet a pre-established standard due to the existing items. Vendors may offer items of equal stature and the burden of proof of such stature rests with vendors.Hidalgo County shall act as the sole judge in determining equality and recommendation. Hidalgo County may require documentation demonstrating equal or superior products as compared to products required.

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.
 
Pct. 1
 
1.
AI-65909
A. Presentation of scoring grid (for the purpose of ranking by CC) of the graded vendor submissions with recommendation by Evaluation Committee Members for RFQ/P No. 2018-171-06-27-YSS “Construction Management at Risk (CMAR) for Hidalgo County Precinct No. 1 Tax Office”.:
Submitting Vendors Recommendation by Evaluator #1 Recommendation by Evaluator #2 Recommendation by Evaluator #3
Holchemont, Ltd. 2nd  2nd 2nd
Erickson Construction, LLC 1st 1st 1st

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 

B. Authority for the Purchasing Department to negotiate an agreement commencing with the number ranked firm of Erickson Construction, LLC. for “Construction Management at Risk (CMAR) for Hidalgo County Precinct No. 1 Tax Office”.

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
Attachments:
 
2.
AI-65712
Requesting approval of final negotiated contract with Alpha Engineering Group as it relates to On-Call Professional Engineering Services on as needed basis for projects located in Precinct #1 [CC action 07-17-18 R-AI# 65707]

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
 
3.
AI-65799
A. Requesting approval of final negotiated contract with L & G Consulting Engineers Inc. as it relates to Professional Engineering Services on an as needed basis for projects located in  Precinct No. 1 Mile 6 West Rd from Mile 11 N to SH107 project [CC action 07-17-18 R-AI #65704].

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. Approval of Work Authorization #1 in the amount of $1,605,850.00 through the engineering services agreement with L & G Consulting Engineers as it relates to the Pct. #1 Project titled: 1 Mile 6 West Rd from Mile 11 N 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

C. Pursuant to Article 14 of contract #C-18-195-07-31 with L & G Consulting Engineers, a request for engineer to permit the subcontracting of the following sub-contractors to provide the corresponding services for the Pct. No. 1 Mile 6 West Rd from Mile 11 N to SH 107 Project:
Ergonomic Transportation Solutions, Inc. Traffic Signals
C&M Associates Traffic Projection
AmaTerra Environmental Environmental
Quintanilla Headley & Associates Surveying

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
 
4.
AI-65857
A. Action to Clarify/Modify R-AI-65669 of 07/17/2018 for the rental of 5 Backhoes to reflect that as only 4 available the amount of the rental would now be $9,700.00 and correct the Purchase Order #782688 [part of 06-20-18 disaster event];

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. Approval to correct same Purchase Order #782688 to reflect the 5th item was substituted with a JD 544K-II 4WD Loader for $6,468.19 thru Invoice #P73998 covering from 06/26/18 - 07/23/2018 along with a Purchase Order Increase for $4,043.73 [CNTRL #R104].

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
 
5.
AI-65796
Pursuant to the federal, state and local declaration of emergency/disaster and additional items required, action on the following exemptions including, but not limited to:
A.  Construction Services :
1. Requesting exemption from competitive bidding requirement under TxLGC, 262.024(a)-(1) an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the county; and, (3) an item necessary because of unforeseen damage to public property;

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. Requesting an construction services contract between Hidalgo County and ServPro for the "build back" services for ALL the Pct. #1 Offices Complex subject to legal review as to form by HC-DA/Civil Section;

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

3. Pursuant to the approved contract with ServPro, requesting authority to process a Requisition and issue Purchase Order
in the amount of the contract;

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. Leasing/Rental Services:
1. Approval to Lease/Rent a mobile office trailer from Williams Scotsman, Inc. for a minimum term of six [6] months to house the displaced "Outreach Operations Dept." of Pct. #1 and to be located at a site to be determined by Comm. Fuentes for the amount of $__________ [see detail attached herein] with execution of the required documentation reviewed as to legal form by HC-DA/Civil Section;

Martha Salazar informed that the amount is yet to be finalized as they are waiting on final review by the DA's office.

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: 4 - 0 -Unanimously 

2. Approval to rent [through PO only as vendor does not require agreement] holding tank for mobile office trailer bathroom [as direct sewer connection too costly] from A Clean Portoco [ACP] at a rate of $235.00/month.

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: 4 - 0 -Unanimously 

C. Engineering Services:
1. Acceptance and approval of the finalized professional engineering contract "on call and as needed basis" between HC and Halff and Associates [ranked & approved for negotiations/CC 07-20-18];

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: 4 - 0 -Unanimously 

2. Acceptance and approval of WA #1 from Halff & Associates with an estimated amount of $53,080.00 for the engineering and/or architectural services required in connection with the build back of Pct. #1 Office complex;

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: 4 - 0 -Unanimously
 
6.
AI-65800
Amendment/Modification of Interlocal Cooperation Agreement between the City of Weslaco & County of Hidalgo for the housing of Pct. #1 Operations Staff at city hall to include a monthly rental fee of $1K.

Salazar requested for approval subject to funding.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval subject to funding.
                                                        
 Vote: 4 - 0 – Unanimously
 
C.
 
Pct. 3
 
1.
AI-65877
Requesting approval of Work Authorization No. 6 (with an estimated cost $1,004,000.00) as submitted by project engineer, L&G Consulting Engineers, to provide the Engineering Services required for PS&E, Construction Management and Construction Oversight for the Mile 3 project from Tom Gill Rd. to FM 2221, through contract #C-13-305-10-07.

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
 
D.
 
IT Department:
 
1.
AI-65834
Requesting approval to accept, purchase and execute Statement of Work for services that will be rendered by Netsync Network Solutions under DIR Contract (DIR-TSO-4167) in the amount of $238,910.21 for the implementation of new technology equipment (Cisco Hyperflex) which include services,servers, installation by vendor with storage and switch that will optimize the Odyssey Application's performance and for the County Judge to sign all required documentation.

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: 4 - 0 – Unanimously
 
E.
 
Health & Human Services Dept.
 
1.
AI-65869
Pursuant to the procurement packet, requesting action to select and approve the Evaluation Committee, [recommending previous members: Dairen Sarmiento, Lourdes Acevedo, and Ricardo Salinas for the sole response received for RFP No. 2018-138-07-25-HGO - "Online Pharmacy Billing Services" for Hidalgo County Health & Human Services Department.

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 

Commissioner David L. Fuentes abstained from any discussion or action on this item.
 
 
2.
AI-65776
Approval for Hidalgo County to enter into the Agreement with Minnesota Multistate Contracting Alliance for Pharmacy [MMCAP] thru the Cooperative Purchasing Program Texas Smart Buy Contract #269-C1 so as to utilize the awarded vendor, (as listed in agreement attached) as an additional procurement resource for purchases on an "AS NEEDED BASIS" for Biological Vaccines with authority for County Judge to execute [for ALL HC elected offices, departments, agencies and/or programs for all funding sources]

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: 4 - 0 -Unanimously
 
3.
AI-65789
Presentation for the purpose of disclosure and documentation to HCCC from Owner's Designated Representatives Messrs. Valde Guerra, Michael Leo & Sergio Cruz [VMS], as authorized to act on behalf of the County in connection with the Construction of the New Courthouse Project, issued and executed the Notice To Proceed for the Construction Document Phase and Construction Phase to project architect, HDR Architecture, Inc. and attached herein.

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: 4 - 0 -Unanimously
 
F.
 
Co. Wide
 
1.
AI-65608
Presentation of the sole, lowest and best bid submitted & received by vendor, Enterprises Holding LLC and meeting all specifications and/or requirements (as detailed in the supporting documentation contained herein) for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County - "Lease/Rental of Vehicles" through project No.: 2018-050B-07-05-FAZ.

Salazar stated that this is subject to final legal review. 

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

Vote: 4 - 0 -Unanimously
 
29.
 
Open Forum
  • Rodolfo Contreras spoke in regards to the process the county is considering taking with respect to the consolidate waste program and the negative impact this action would bring to his and other family business.
  • Fern McClaugherty questioned the county's proposition to have a county wide franchise, and claimed this action will increase prices. She further allude that this decision will eliminate 4 companies. McClaugherty suggested splitting the program into precincts.
  • All Valley Waste company owners Paula and Santos Villanueva advised the court that this new proposal is going to affect a lot of people. They currently have over 22 employees, she informed that their company would not be able to bid on something this big and will be put out of business. Finally, she suggested splinting the program into precincts in order to be able to bid fairly.
  • Gustavo Treviño disclosed that he owns Valley Metro Waste in the western side of the county. They're also concern about the program and asked to consider other options to keep their business and assure they're willing to pay the franchise fee.
Attachments:
 
30.
 
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. 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-65894
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Petunia.

No action taken on this item.
 
D.
AI-65915
Claim of Italy Perez v. Hidalgo County

No action taken on this item.
 
E.
AI-65917
C-2695-18-I; Southwestern Bell Telephone Co. dba AT&T Texas v. Hidalgo County, DD#1, RDH Site & Concrete, LLC

No action taken on this item.
 
31.
 
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. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

B. Engagement with the firm of Atlas, Hall & Rodriguez for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295) in specific to Open Session Item.32.E

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: 4 - 0 -Unanimously

Valde Guerra disclosed that the engaged counsel will only represent the interest of Hidalgo County and not RDH Site & Concrete, LLC. The drainage is being facilitated by the drainage district insurance.
 
32.
 
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-65893
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Petunia.

Proceed as Directed.
 
D.
AI-65916
Claim of Italy Perez v. Hidalgo County

Proceed as Directed.
 
E.
AI-65918
C-2695-18-I; Southwestern Bell Telephone Co. dba AT&T Texas v. Hidalgo County, DD#1, RDH Site & Concrete, LLC

Refer to Item.31.A. and B.
 
33.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken.
 
34.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
35.
 
Adjourn

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
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 31st day of July, 2018

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 July 31, 2018.

Signed this 31st day of JULY 2018




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


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