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Minutes for CC - REGULAR

SPECIAL MEETING - September 4, 2018

BE IT REMEMBERED, that on this 4th day of September 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
September 4, 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 9:56 a.m.

All members of the court were in attendance.
 
2.
 
Pledge of Allegiance

The entire court recited the Pledge of Allegiance.
 
3.
 
Prayer

Opening prayer offered by Virginia Townsend.
 
4.
 
Approval of Consent Agenda

Judge Garcia stepped away from the meeting.

The court moved to approve the consent agenda with the exception of Items.8.A. & 9.A. to be pulled for further discussion.
 
5.
 
County Judge's Office:
 
A.
AI-66425
Proclamation Declaring September as Pediatric Cancer Awareness Month

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
 
6.
 
District Attorney's Office:
 
A.
AI-66426
District Attorney – BPU (1281) 
Approval to submit budget adjustment for the Border Prosecution Unit (BPU)Grant #2537807 to extend the grant period up to September 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
 
B.
AI-66369
DA-Victim Coordinator and Liaison Grant (VCLG) (1281):
1. Approval of VCLG Grant Budget Adjustment Request Form for Fiscal Year (FY2019) Contract #1987049.

Judge Garcia 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

2. Approval and authorization for County Judge to sign the Grant Budget Adjustment Request Form.

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
 
7.
 
Constable Pct. #1:
 
A.
AI-66408
Constable Pct #1:
Discussion, consideration, and approval to appoint Jaime Leos and Eric Cavazos as Reserve Deputy Constables by Constable Celestino Avila Jr, Constable Pct. 1 in accordance with Texas Local Government Code Section 86.012.

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
Attachments:
 
8.
 
Constable Pct. #2:
 
A.
AI-66399
Discussion, consideration, and action to approve the Memorandum of Understanding between the United States International Boundary and Water Commission, and the  Hidalgo County Constable Pct. 2 Department, with Authorization for the Constable, Martin N. Cantu,  to execute the MOU.

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.
 
Constable Pct. #5:
 
A.
AI-66430
Discussion, consideration and approval for Hidalgo County Constable Pct. 5 to appoint Cesar Gutierrez as a Deputy Constable as per 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
Attachments:
 
10.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects

Valde Guerra updated the court on the ongoing assessments commencing with the construction of the new courthouse, and roadside signals advising of road closures as well as the future partial closure of Hwy 281. Guerra informed that buses provided for public and employee use were up and working last Friday with great success.

Commissioner Fuentes stepped away from the meeting.

2) Emergency situations occurring since last agenda meeting

No emergency situations reported on this item.
 
B.
AI-66431
Discussion and update on Hidalgo County Judicial Facilities Emergency Action Plan

Commissioner Fuentes joined the meeting.

Valde Guerra noted that this issue has been discussed and acted upon in prior meetings; the action has been acknowledged and signed as acceptable by City of Edinburg. 
 
C.
AI-66432
Discussion and update regarding privatization of Solid Waste in Hidalgo County

Rey Salazar informed that on July 23, 2018, a solid waste collection and disposal proposal was put out seeking to modify existing solid waste practices in rural Hidalgo County. On August 28, proposals came in and will be reviewed with chiefs of staff. Prior to conducting the bid, they held a pre-bid meeting where vendors attended to have clarification on several questions. Due to the high number of questions, they extended the time and due date of the proposal in order to allow vendors to submit their proposals. Salazar stated that the price of service is one of the most critical elements of this proposal and therefore, it is their intent to negotiate the lowest service and maintaining that rate for the longest period of time. Nevertheless, any rate increases will have to be approved by this government body. 

According to Salazar, in 2012 they evaluated a similar proposal which at that time just like now, the biggest concern was the impact to rural residents and small owners. However, after discussions with residents and vendors they were able to arrived at a solution and implemented the current solid waste permit program. Nonetheless, due to increases, once again they find themselves exploring different alternatives. In 2012, solid waste expenditures were $5.5 million and now that expenditure is $6.3 million which is an increase of 50% with further expectations for increase. Further, according to the appraisal district numbers, there are 63,000 rural households in Hidalgo County, of this base, they estimate 30% private trash collectors contracts but 20% of this base number have purchased into the solid waste program. As per Salazar, by having a solid waste program such as the one being proposed, it will provide residents with the viable needs of legal disposal and help reduce the amount of illegal dumping. 

It was argued that by having only one vendor they'll be able to obtain the lowest price possible county wide. Currently, open market prices fluctuate from $18 to $30 per month and not all vendors offer brush collection and/or scrap tire pickup. Salazar advised that the county is working to offer the same services that bigger cities provide. Specifically emphasizing that the county is not looking into putting anyone out of business, but rather provide same privatize commercial service that existing vendors offer or could decide to offer. On the other hand, the 13 collection sites located throughout the county will depend on what this governing body decides to do, nevertheless, any transitions will be required plenty of notice.

Commissioner Cantu advised that he requested the item be placed on the agenda due to persistent concerns by the community. The commissioner voiced concerns over the likelihood that over 50,000 people either have curbside service or are disposing their trash illegally. Cantu noted that every budget season the county automatically budgets $5.5 million for this program when for instance in cities it is the household's responsibility to pay for the service. In just the same way, Cantu explained that cities provide site collection, the county is looking to provide the same regardless of financial situation because trash is not a luxury. Further by going to low bid, it will provide the best  opportunity to lower the cost that can be obtain county wide. Moreover, the commissioner contended that occasionally smaller companies don't always have the lowest prices and may not provide services county wide. Commissioner Cantu stated that they'll take into consideration smaller companies and also considered people who struggle financially. Finally, the commissioner stated that after this collected data they'll analyze it and deliver the best proposal for all citizens. 

Commissioner Fuentes noted that the precinct cleaned a ditch that was contaminated and suddenly from one day to the next it had about 100 tires dumped. The commissioner stressed that no matter how much work goes into cleaning, illegal dumping is still an issue. Further stated that even having a waste contract doesn't assure compliance and even with the lowest prices it doesn't mean people will sign up for it. Fuentes advised that prior to contracting with a big company, a fair chance should be given to small vendors. Nevertheless, Commissioner Fuentes reported that based on information from vendors trying to respond, there are inconsistencies within the bid itself. The commissioner reiterated that all options must be exhausted prior to coming to court with something to vote on. 

Rey commented that wether or not the services are broken down, the level of service has to be the same. 

Commissioner Palacios recaptured that the issue continues to be the people who are not obtaining permits, on the other hand, the county has exhausted every option but people look to disposed of trash the easiest way. Nevertheless, this issue continues to be a priority to the county because it affects everything else. The commissioner recognized there's no perfect system, unfortunately illegal dumping will continue to be an issue due to population growth. 

Commissioner Flores added that precinct 3 also has illegal dumping issues. The commissioner noted the precinct has a landfill and 4 collection sites nevertheless the problem continues to grow. 

Commissioner Cantu associated this problem to the public lighting issue. The commissioner said that it is not fair for those who do comply with trash regulations to have to live surrounded by illegal dumping. Commissioner Fuentes added that this problem also represents health issues and must be addressed.

Commissioner Cantu stepped away from the meeting.
 
D.
AI-66415
Approval for the County Judge to sign a certificate for Clifton Higher Education Facilities Finance Corporation Education Revenue and Refunding Bonds (IDEA Public Schools), Series 2018, solely for the purpose of satisfying the requirements of Section 147(f) of the Internal Revenue Code.

Valde Guerra informed that this is an IRS requirement and does not impact county residents from a cost point. 

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
 
11.
 
Human Resources:
 
A.
 
Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed

No action taken on this item.
 
B.
AI-66427
County Court at Law No. 8 (1100):
Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./Prg. Slot# Position Title Grade/Step Grade &
Step Salary
Delete 028-001 0008 Clerk I G01/S08 $25,056.00
Create 028-001 0009 Clerk IV G07/S01 $31,255.00
No action taken on this item.
 
12.
 
Health & Human Services Department:
 
A.
AI-66400
1.  Requesting approval to accept the Texas Health and Human Services Commission Contract No. 2016-003931 Amendment No. 1.  The purpose of the Amendment is to extend the Contract term through State Fiscal Year 2019 defined as September 1, 2018 through August 31, 2019 and to add $30,535.00 to the program budget.

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 for County Judge to e-sign the Contract Amendment. 



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

3.  Requesting approval of the Certification of Revenue as approved by County Auditor in the amount of $30,535.00. 

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

4.  Requesting approval to appropriate the budget in the amount of $30,535.00.  

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
 
B.
AI-66393
1.  Requesting approval to accept the Texas Health and Human Services Commission Contract No. 2016-003894 Amendment No. 1.  The purpose of the Amendment is to extend the Contract term through State Fiscal Year 2019 defined as September 1, 2018 through August 31, 2019 and to add $144,029.00 to the program budget.  

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.  Requesting approval for County Judge to e-sign the Contract Amendment.  

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.  Requesting approval of the Certification of Revenue as approved by County Auditor in the amount of $144,029.00.  

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

4.  Requesting approval to appropriate the budget in the amount of $144,029.00.  

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
 
C.
 
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.
 
D.
 
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.
 
Emergency Management:
 
A.
AI-66428
Discussion, consideration and approval for Hidalgo County Office of Emergency Management to appoint David Alberto Champion as a volunteer under the Hidalgo County Office of Emergency Management for the period of September 4, 2018 to December 31, 2018.

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:
 
14.
 
Community Service Agency:
 
A.
AI-66380
2019 Community Service Block Grant (CSBG) Community Action Plan (CAP) and Budget.   
1. Public hearing regarding the proposed 2019 CSBG CAP Plan and budget. 

Judge Garcia Opened the Public Hearing.

Fern MClaugherty questioned the lease fee the county pays and suggested having the services be housed in one of the current buildings being leased. 

Judge Garcia Closed the Public Hearing.

Commissioner Palacios stepped away from the meeting.


Jaime Longoria explained that they use the same figures as the previous year, $1.67 million dollars and anticipate to be around the same.

2. Discussion, consideration, and action regarding adoption of the 2019 CSBG Plan and budget with authorization for Judge Ramon Garcia and Jaime Longoria to sign any and all pertinent documents, as per recommendation by Hidalgo County Community Service Agency Advisory Board. 

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
 
 
15.
 
Head Start Program:
 
A.
AI-66346
Approval of Children's Applications for Program Year 2018-2019

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-66345
Discussion/Approval to Include High Income Children in Designated Areas

Teresa Flores informed that this year several factors were entered and found the need to include high income children. According to the application they are able to go up to 10% high income. 

Valde Guerra advised of a public participation form questioning the standard hight end income. Flores informed that the consideration is of $55,000 per year for a household of 8 people. 

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.
 
Auditor's Office:
 
A.
AI-66421
Discussion, consideration, and approval for the County Auditor's Office to conduct an audit of the Chapter 59 Asset Forfeiture Report prepared by the Hidalgo County District Attorney's Office for fiscal year 2018 pursuant to the Chapter 59 Asset Forfeiture Report requirements.

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-66412
1. Approval of 2018 Certification of New Sources of Revenues

Linda Fong explained that as part of the process to estimate available resources for the new year, they are projecting additional revenues for 2018 - for the general fund there is an additional $844,128.01 of new revenue sources. For special revenue funds - there is $232,337.84 of new revenues sources. For debt service funds - $511,171.40 of new revenue sources. For proprietary funds - $493,903.92 of new revenue sources. 

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. Presentation of 2019 Statement of Estimated Available Resources

Estimated available resources include both projected and ending fund balance from year 2018 and revenue projections for year 2019. For the general fund the 2018 projecting ending unassigned fund balance funds is $38,159,279 the amount includes $844,128.01of new revenue sources, if revenues are appropriated the projected ending unassigned fund balance would decrease to $37,315,151
The 2018 projected ending unassigned fund balance for the general fund represents 18% of current appropriated expenditures and transfers, the percent will decrease if the commissioners court appropriates new sources of revenues or uses unassigned balance to balance the 2019 budget. The estimated revenues for 2019 for the general fund excluding property taxes and other financing sources are $30,142,935 the 2019 projections do not include revenues for the sanitation program permit fees due to the possible privatization of the program but can certified if they do continue to collect in 2019. Additionally, they left the estimated collection rate of 95% which the same as the prior year. 

If the county adopts a $.58 tax rate for year 2019, total revenues for the general fund are estimated to be $206,619,514

Steve Crain advised bringing the item back for action as it is not stated on the caption. 

No action taken on this item.
Attachments:
 
17.
 
Precinct #3 - Comm. Flores:
 
A.
AI-66373
TX Agrilife (1286):
1.  Approval of Certification of Revenues, as certified by the County Auditor.

Commissioner Cantu joined the meeting.

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

2.  Approval of 2018 appropriation of funds in the amount of $30,000.00.

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: 4 - 0 – Unanimously
Attachments:
 
18.
 
Budget & Management:
 
A.
AI-66433
1. Texas VINE Grant FY18 (1283):
A. Ratification of signed First Amendment to SAVNS Maintenance Grant Contract for FY18.

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

2. Texas VINE Grant FY19 (1283):
A. Discussion, consideration, and action to enter into the Texas VINE Annual Maintenance Grant Contract for FY2019 with the Office of the Attorney General of Texas and authorization for County Judge to electronically sign the required documents.

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. Approval of Certification of Revenues as certified by the County Auditor.
C. Approval of appropriation of funds.

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

 Vote: 3 - 0 - Unanimously
 
B.
AI-66379
1. Discussion, consideration and approval of an order authorizing the establishment of streetlights along county roads located in Southside Village.

Commissioner Palacios joined 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: 4 - 0 - Unanimously

2. Discussion, consideration and approval of an order authorizing the establishment of streetlights along county roads located in Roadrunner 2.

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

3. Requesting approval of clarification/correction to subdivision name from "Presidio Estates 3" to "Presidio Estates" for previously approved agenda item 66164 26.C.6. 

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
 
C.
AI-66390
Discussion, consideration and approval to abate Hidalgo County Urban County prior year accounts receivable in the amount of $182.93.

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:
 
D.
 
Budget Appropriations:
 
1.
AI-66401
Pct 1 Rd. Maint. (1200):
a. Approval of certification of revenues as certified by the County Auditor for revenues received from Hidalgo County Drainage District No. 1 for reimbursements of labor and equipment.
b. Approval of 2018 appropriation in the amount of $61,758.13 to fund road expenditures.

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

Vote: 4 - 0 - Unanimously 
Attachments:
 
2.
AI-66361
Elections Contract §31.100 (1100):
Approval of 2018 appropriation in the amount of $91,370.69 to fund salary negative amounts.

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

Commissioner Fuentes stepped away from the meeting.

Court proceeded to Item.19.E.
 
19.
 
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-66436
Requesting approval of amendment no. 1 of Memorandum of Understanding between Hidalgo County and the Lower Rio Grande Valley Development Council in connection with shuttle services, as previously approved  by CC on 07/31/18 (Al-65904) provided thru Valley Metro pending final review and approval as to legal form by HC District Attorney's-Civil Litigation Section.

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: 4 - 0 – Unanimously

Valde Guerra notified of a public participation form for this item regarding the county's contribution. Guerra explained that this is a county endeavor to assist county residents and employees during the construction of the new courthouse. They were able to access into money via this MOU that reduced the county's part. 
 
B.
 
Pct. 4
 
1.
AI-66434
Pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy, requesting approval of expenditure and acceptance and Approval of Supplemental Agreement No. 1 to Work Authorization No. 5 as submitted by B2Z Engineering (project engineer) for the purposes of a modification to (Exhibit B-1-“Scope of Work”) and (Exhibit D-1-Fee Proposal) with an “increase”  of $ 48,681.12 to original fee proposal of $ 49,974.50 totaling $ 98,655.62, in connection to Project Specific: “Construction of Memorial Park Phase I” in HC Precinct No. 4, C-16-329-09-06.

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:
 
C.
 
Health & Human Services Dept.
 
1.
AI-66404
Acceptance and approval of the final negotiated contract with H-E-B RXtra Advantage for "Online Pharmacy Billing Services" for the Hidalgo County Health & Human Services Department.

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
 
D.
 
Sheriff's Office
 
1.
AI-66411
Acceptance and approval of Change Order No. 1 with a "decrease"  of <$7,498.62> from original contract price ($173,738.00) totaling ($166,239.38) as (submitted and recommended by project engineer Halff Associates, Inc.) for Hunt & Woodruff Construction Company, LLC in connection to ongoing project: "Conversion of Three (3) Existing Cells into Padded Security Cells at the Hidalgo County Jail" for the HC Sheriff's Office, Contract # 2017-301-TDL (PCA 3-100-14).

Commissioner Flores 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: 3 - 0 – Unanimously
 
2.
AI-66180
A. Requesting an exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) professional services; 

Commissioner Fuentes joined 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

B. Presentation of scoring grid (for ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional architectural services for (project specific) Design of Detention Barracks to be constructed at current HC Adult Detention Facility;
 
Firms The Warren
Group
Gomez-Mendez
& Saenz
ERO
International
Haff 
& Associates
Total Scores 95 91 92 94
Ranking 1 4 3 2
 
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 
 
C. Authority for the Purchasing Department to negotiate a professional architectural services agreement commencing with the No. 1 ranked firm selected by Commissioner's Court. The Warren Group

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 

Commissioner Palacios stepped away from the meeting.

Court recessed at 11:01 a.m.
 
E.
 
Co. Wide
 
1.
AI-66384
a. Presentation of the scoring and evaluation grids (for the purposes of ranking for award by CC) of the responses received in connection with the Request for Proposals (RFP's) for: "Section 125 Voluntary Insurance Products and Cobra Administration Services" for Hidalgo County (including all funding sources, programs, agencies & entities)" ;

Valde Guerra noted that Commissioner David L. Fuentes did not participate in any discussions and/or actions regarding Item.19.E.1.A to D. 

Judge Garcia joined the meeting.

Prior to proceeding, Martha Salazar advised that the Disability Plan and the Whole Life Plan have duplicate proposals and will need direction from the court. 

Commissioner Cantu asked Salazar if the court would be able to chose from the two that have a tie. Salazar said that yes, it was possible and informed she was prepared for drawing lots. 

Salazar noted that this item will probably be an award because these are products that they are buying. 

b. Award of the "Section 125 Voluntary Insurance Products and COBRA Administration Services for Hidalgo County (including all funding sources, programs & entities)" for the following:
 
1. Accidental Plan: Met Life - Alamo Insurance
2. Cancer Plan: Guardian - Alamo Insurance
3. Critical Illness Plan: Met Life - Alamo Insurance
4. Disability Plan: Sun Life - Cuellar & Associates
5. Dental Plan: Ameritas Alamo Insurance
6. Vision Plan: Ameritas Alamo Insurance
7. Whole Life Plan: Texas Life Insurance - Alamo Insurance
8. Term Life Plan: Reject sole response due to no competition and 
  no current plan to compare with.

Accidental Plan:
The apparent top 3 & agents:
1) Met Life (83.89) - Alamo Insurance
2) Aflac (68) - Bob Treviño
3) Aetna (67.78) - Alamo Insurance

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on Accidental Plan - Met Life Alamo Insurance.

Vote: 4 - 0 -Unanimously 

Cancer Plan:
Apparent top 3 & agents:
1) Guardian (64) - Alamo Insurance
2) sun Life (57.11) - Puro Aseguro p/w Salazar & Cuellar & Associates
3) Bay Bridge (41) - Puro Aseguro p/w Salazar 



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 Cancer Plan - Guardian Alamo Insurance.

Vote: 4 - 0 - Unanimously

Critical Illness Plan:
Apparent top 3 & agents:
1) Met Life (84.11) - Alamo Insurance
2) Aetna (68.89) - Bob Treviño
3) UNUM (64.89) - Multi Agents

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 Critical Illness Plan - Met Life Alamo Insurance.

Vote: 4 - 0 - Unanimously

Salazar informed that for the following selection (Disability) the court could either draw lots because they're exactly the same plan which was verified through the carrier, or either have the carrier decide the prefer agent. Commissioner Cantu noted that these are two other options, but does not include the option to have the court chose which is what he originally asked Salazar. Once again, Commissioner Cantu asked Salazar if the court had the option to chose. With regards, Salazar said she wasn't sure because those have the same exact score. 

The court seek advise for Steve Crain who said that usually when there are tie bids they'll usually draw lots. Crain explain that if the proposals are identical, then the statue says that if there are two identical bids then to draw lots. Prior to drawing lots, Crain advised that which ever name they draw out would be the selected one. 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on Disability Plan - Sun Life - Cuellar Associates.

Vote: 4 - 0 -Unanimously 

Dental Plan:
Apparent top 3 & agents:
1) Ameritas (96.78) - Alamo Insurance
2) Met Life (92.44) - Alamo Insurance
3) Delta Dental (85.44) - Puro Aseguro partnered with Salazar

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 on Dental Plan - Ameritas Alamo Insurance.

Vote: 4 - 0 - Unanimously

Vision Plan:
Apparent top 3 & agents:
1) Ameritas (93.78) - Alamo Insurance
2) Met Life (92.89) - Alamo Insurance
3) Avesis (90.56) - Alamo Insurance

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 Vision Plan - Ameritas Alamo Insurance.

Vote: 4 - 0 - Unanimously

Salazar advised that whole life insurance is also a duplicate proposal.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on Whole Life Insurance - Texas Life Insurance - Alamo Insurance.
Vote: 4 - 0 -Unanimously 

Commissioner Cantu asked Salazar to explain the scoring process and the main point of interest that was voted on. Salazar explained that it was voted against the current plans or if it could be any better or enrich as it was. The group went through every proposal and price was also a consideration. 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to reject Term Life Plan - Reject sole response due to no competition and no current plan to compare with. 

Vote: 4 - 0 - Unanimously

c. Authority to finalize and/or negotiate (if required) Agreement(s) for the Voluntary Insurance Products

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

d. Requesting authority to reject the Proposals received for COBRA Administration Services due to benefits offered not meeting current services.



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

Court proceeded back to Item.19.A.
Attachments:
 
20.
 
Open Forum

Court reconvened at 11:02 a.m.
  • Fern McClaugherty said that it has been difficult to understand the actions of this commission regarding the step and grade plan because in each meeting modifications are made. Additionally, she informed that at the last grievance committee two jp's requested more money on the basis that take in most of the work compare to other jp's.
  • Virginia Townsend asked the court to consider starting meetings at the time they're scheduled.
  • Yuliana Mares a resident of Road Runner No.2 Subdivision thanked Commissioner Cantu for allocating funds for public lighting.
  • Joe Rodriguez suggested holding open forums specially to speak in regards to the trash issue. Once again, he claimed that there is lack of justice and transparency in precinct 4.
  • Paula Villanueva informed feeling at ease after speaking commissioner Fuentes in regards to the solid waste program.
Attachments:
 
21.
 
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:

Commissioner Flores joined the meeting.

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
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI-66438
C-0152-16-C; Santiago Zavala v. County of Hidalgo

No action taken on this item.
 
D.
AI-66405
Claim of Beatriz Sandoval

No action taken on this item.
 
22.
 
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.22.A and B.
 
23.
 
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-66439
C-0152-16-C; Santiago Zavala v. County of Hidalgo

Proceed as Directed.
 
D.
AI-66406
Claim of Beatriz Sandoval

Valde Guerra requested for settlement authority to make an offer in the amount of $80.00

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
 
24.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
25.
 
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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 4th day of September, 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 September 4, 2018.

Signed this 4th day of SEPTEMBER 2018




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


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