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Minutes for CC - REGULAR

SPECIAL MEETING - September 30, 2014

BE IT REMEMBERED, that on this 30th day of September A.D., 2014, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:

HONORABLE RAMON GARCIA

HONORABLE A.C. CUELLAR, JR.

HONORABLE HECTOR "TITO" PALACIOS

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 30, 2014
9:30 A.M.
                                          

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

 
1.
 
Roll Call

All members of the Court were counted present.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the Court and Audience in Prayer. Judge Garcia requested a moment of silence for Ms. Lydia Velasco whom was a Registered Nurse with the Hidalgo County Health Department.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 11.A.5, 11.K, and 11.I to be pulled for discussion.
 
5.
 
Open Forum

Opal Billman expressed that she had been arrested and tried for trespassing twice and found not guilty because she cannot trespass on her own land. No one ever testified at her trials that she was trespassing on their land. She still wants to know who was awarded her community property.

Virginia Townsend commented on a possibility of getting a break on taxes from the County. She also commented on the politiquera issue and how the only ones to stop to it are the elected officials.

Commissioner Pct. 4, Joseph Palacios, disclosed an issue there was with the heavy rains in his Precinct receiving 5 – 6 inches of water. He wanted to express his appreciation to the American Red Cross, Hidalgo County Drainage District, Victor Garza from the D.A.’s Office, Sheriff’s Department, Precinct 4 staff and all the agencies that assisted in the relief.

The Court proceeded to Items 19.A and 20.A.1.
 
6.
 
County Judge's Office:
 
A.
AI-46748
Update to the Hidalgo County Regional Mobility Authority Strategic Plan by Pilar Rodriguez, Executive Director

At this time, Commissioner Tito Palacios and Judge Ramon Garcia stepped away from the meeting.

Mr. Pilar Rodgriguez, Executive Director, along with Louie Jones and Eric were present to give an update on the RMA Strategic Plan.  He explained that there was an amendment approved by the Board of Directors last week which made a significant change to the financing ability. The original plan was based on an Intermediate Grade Traffic and Revenue Study, but they now are working with an Investment Grade Traffic and Revenue study. Revenues increased by 25%, but costs also increased 10%.  Because they have more money to leverage for the project, locally, TXDOT may consider it favorable. 

Commissioner Joseph Palacios asked Mr. Rodriguez about the negative publicity that the Highway 68 Project has attracted and if there were other alternatives to realign the highway for the sake of the residents it is affecting.  Mr. Rodriguez stated that they have recommended to TxDOT that they consider other alternatives. 

At this time, the Court proceeded to 20.A.4; Judge Garcia rejoined the meeting for this to take place. 

Mr. Rodriguez informed the Court that they will have a meeting with the Texas Department of Transportation and they will notify the Commissioners' Court Chiefs of Staffs with an invitation to attend the meeting.
Attachments:
 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
1. 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."

2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

NO ACTION taken on Items 1 and 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors

Mr. Jose Lopez, Prodigy, stated that approximately 70% of the project is complete and the 2nd floor is moving at quicker pace.

2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on Items 2 and 3.
Attachments:
 
C.
AI-46700
Approval of and authorization for County Judge to sign Certificate of County Judge of Hidalgo County, Texas relating to Education Revenue Bond Series 2014 of IDEA Public Schools
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
D.
AI-46706
Right of Way:
Cantera Operating:
Approval to open cut 2.10 miles north of Mile 7 Road on Jara Chinas Road within Right of Way East side. (Pct. 3)
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
E.
AI-46751
Approval to request two (2) 10' concrete bollards from TxDOT through County Assistance Program to be installed on the west side of courthouse to prevent damage to county property 
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
F.
AI-46718
Approval to accept two Western Union Money Orders, 17-087233215 in the amount of $1,000.00 and 17-087233216 in the amount of $192.00, to settle restitution claim against Edgar C. Villanueva.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
8.
 
County Treasurer - Norma Garcia:
 
A.
AI-46691
Discussion, Consideration and Approval regarding Multiple Party Pledge Agreement between Hidalgo County, Lone Star National Bank (depository bank), Lone Star Investment Sub-Nevada, Inc and Wells Fargo Bank, N.A.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-46738
1) Discussion, Consideration and Approval regarding Hidalgo County Investment Policy per Chapter 2256.005(e) of the Local Government Code.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
2) Discussion, Consideration and Approval regarding List of Authorized Brokers/Dealers per Chapter 2256.025 of the Local Government Code.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
9.
 
District Courts:
 
A.
AI-46488
139th District Court (1100)
Requesting approval to reimburse Judge Jose Roberto "Bobby" Flores in the amount of $185.50 for travel expenses to Seattle, Washington on August 20-23, 2014 with authority for County Treasurer to issue payment/check after review and auditing procedures are completed by County Auditor.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
10.
 
Human Resources - Esther Cortez:
 
A.
AI-46744
Child Protective Court (1100): 
1. Approval to delete one (1) vacant full time position as follows:

Dept/Program Slot No. Position Title Budgeted Salary
055-001 0002 Administrative Assistant III $32,769.00

2. Approval of intradepartmental transfer. 
3. Approval of revised salary schedule.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of Items 1 - 3.

Vote: 3 - 0 - Unanimously

 
B.
AI-46662
Tax Office  (1100):
1. Approval of the following personnel actions:

Action Slot # Position Title Current Budgeted
Salary/Allowance
Proposed Budgeted
Salary/Allowance
Delete 0015

Accountant III
 
$47,703.00
$1,500.00 
(Auto Allowance)
-0-
Delete 0023 Deputy Clerk II $36,020.00
$750.00
(Auto Allowance)
-0-
Create 0160 Accountant IV -0- $52,002.00
$1,500.00
(Auto Allowance)
Create 0161 Administrative
Assistant III
-0- $30,000.00
Increase Auto Allowance 0072 Inventory
Specialist I
$2,250.00
(Auto Allowance)
$4,721.00
(Auto Allowance)

2. Approval of revised salary schedule.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 1 and 2.

Vote: 3 - 0 - Unanimously

 
11.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-46606
Approval of the following expense in accordance with Exiting Officials Expenditure Policy:

Vendor Amount  Item Purpose of Expense
CDWG $2,490.95 Software Purchase Adobe Acrobat Pro for Felony Section support staff
CDWG $7,958.00 Monitors Purchase monitors for support staff work stations

 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-46602
DA-Border Prosecution Unit Grant (BPU) (1281):
1. Approval to accept the Border Prosecution Grant in the amount of $230,000.00, effective 09/01/2014 thru 08/31/2015.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

    Vote: 3 - 0 - Unanimously

2. Approval of Resolution and approval for County Judge to sign.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT.  1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

3. Approval of certification of revenues as certified by the County Auditor for the FY 2015 Border Prosecution Unit grant funds.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

4. Approval to appropriate the FY 2015 Border Prosecution Unit grant funds.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

5. Approval of the following personnel actions:

Action Slot#    Dept
/Program
Position Title Current 
 Salary/Allowance
 Proposed
Salary/Allowance
Salary Adjustment
(decrease) 
0001
 
080-012
 
Asst. District Atty III
 
$79,000.00 $77,920.00
Auto Allowance
(remove)
$900.00 -0-
Salary Adjustment
(decrease)
0004 080-012 Asst. District Atty IV $78,000.00 $76,420.00

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

6. Approval of the FY 2015 Border Prosecution Unit grant salary schedule.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
12.
 
Sheriff's Office:
 
A.
AI-46684
Approval to ratify action taken on 5/20/14 -  AI#44438 Requesting consideration and authorization for Hidalgo County to execute Second Amendment to Lease entered between Banc of America Public Capital Corp and County of Hidalgo to allow for shared equipment between Hidalgo County and external entities reflecting date change and authorize County Judge to initial date change from December 12, 2013 to November 12, 2013
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-46612
Sheriff's Office OCDETF - (1284):
1. Approval of FY2015 Overtime program agreement (Investigation Number SW-TXS-0910) between the Organized Crime Drug Enforcement Task Forces (OCDETF) and the Hidalgo County Sheriff's Office in the amount of $15,000.00.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

    Vote: 3 - 0 - Unanimously

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

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

3. Approval of Certification of Revenues as certified by the County Auditor for the OCDETF agreement.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

4. Approval of appropriation of funds in the amount of $15,000.00.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
Attachments:
 
13.
 
Tax Office - Paul Villarreal:
 
A.
AI-46313
Approval of Annual Report for the period of July 1, 2013 through June 30, 2014

Mr. Villarreal presented the Annual Report to the Court and to the Public.  There was also a presentation on the Statement of Revenue Collections from Mr. Santos Castilleja, Motor Vehicle Manager. 

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to approve the Annual Report.

     Vote: 3 - 0 - Unanimously
 
B.
AI-46677
Approval of Amendment to Interlocal Agreements between County of Hidalgo, for tax assessment and collection with the following entities:   City of Palmview,City of Penitas, City of La Villa, City of Granjeno, City of San Juan, Edcouch-Elsa ISD.

NO ACTION taken on this Item.
Attachments:
 
14.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-46733
Requesting approval to support UT-RGV grant application to the Methodist Healthcare Ministries of South Texas Inc.  Hidalgo County Health & Human Services Dept. will assist in providing existing facility and equipment to support grant's scope of work.   
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

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

Mr. Olivarez explained that the Public Hearing held last week was held earlier than posted and will have to be held again on October 14, 2014.

NO ACTION taken on this Item.
 
C.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

NO ACTION taken on this Item.
 
15.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-46556
1. Prostitution Prevention Court (HOPE) Program (1289):
A. Approval to accept the Prostitution Prevention Court (HOPE) Program grant award from the Office of the Governor (Criminal Justice Division) in the amount of $150,000.00.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

B. Approval of certification of revenues as approved by the County Auditor's Office for the Prostitution Prevention Court (HOPE) Program grant.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

C. Approval of appropriation of funds.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Monitoring Compliance for High Risk Offenders Program (1289):
A. Approval to accept the Monitoring Compliance for High Risk Offenders Program grant award from the Office of the Governor (Criminal Justice Division) in the amount of $50,000.00.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

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

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

C. Approval of certification of revenues as approved by the County Auditor's Office for the Monitoring Compliance for High Risk Offenders Program grant.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

D. Approval of appropriation of funds.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
16.
 
Urban County - Diana Serna:
 
A.
AI-46709
1. Urban County Program, is requesting approval of Change Order No.5 for a construction contract with Vanguard Engineering under the General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068) in Pct. 1 known as Delta Area Connector/ East Lateral Colonia Infrastructure – Chapa North, Chapa South and Acre Tract. The Change Order will increase the construction contract amount from $478,282.00 to $532,512.00 for a total increase of $54,230.00 utilizing Hidalgo County Urban County Program GLO funds.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Consideration and approval to authorize the County Judge to sign any and all documents associated with Change Orders/ and or Amendments pertaining to GLO Contract No. 12-406-000-6453.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-46630
1. Urban County Program, is requesting approval of Change Order No.3 for a construction contract with FJW Construction under the General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068) in Pct. 2 known as South Fork Drain Project. The Change Order will increase the construction contract amount from $3,731,830.84 to $3,928,208.32 for a total increase of $196,377.48, utilizing Hidalgo County Urban County Program GLO funds.

   On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Consideration and approval to authorize the County Judge to sign any and all documents associated with Change Orders/ and or Amendments pertaining to GLO Contract No. 12-406-000-6453.

   On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
17.
 
Planning Department - Raul Sesin:
 
A.
AI-46568
1. Preliminary Approval with Variance Request
a. D. Flores Subdivision – Pct. 1 (Desiderio Flores)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

b. Magdalena Estates – Pct. 4 (Kyndel Bennett)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Preliminary Approval
a. Sand Meyer Subdivision – Pct. 1 (Jerry Pickering)

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

b. Ellis No. 6 Subdivision – Pct. 3 (Alfredo & Juan Rodriguez)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

c. Aurora Valley Phase 4 – Pct. 1 (ML Rhodes)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

3. Final Approval
a. Maiz Acres No. 5 Subdivision – Pct. 1 (Evon Harbison)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

b. Fidencio Garcia Estates – Pct. 4 (Fidencio Garcia)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
18.
 
Precinct #3 - Comm. Flores:
 
A.
AI-46715
1.  Approval of Interlocal Agreement between City of Mission and County of Hidalgo for road improvement project (Moorefield Rd. between 2 Mile Line Rd and 3 Mile Line Rd)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2.  Approval of ICA Project in accordance with Texas Government Code Section 791.014 to overlay (Moorefield Rd. between 2 Mile Line Rd and 3 Mile Line Rd)

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
B.
AI-46704
1.  Requesting approval to accept  donation from Wynn-Crosby Operating in the amount of $1,422.24. 

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 2 - 0 - Unanimously
     Abstention: Commissioner Pct. 3, Joe M. Flores

2.  Approval of Certification of Revenues as certified by the County Auditor for revenues received from Wynn-Crosby Operating, for road repair of Mile 5 Road and Iowa Rd.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 2 - 0 - Unanimously
     Abstention: Commissioner Pct. 3, Joe M. Flores

3.  Approval of 2014 appropriation of funds into Precinct #3 Road Maintenance in the amount $1,422.24 for road repairs of Mile 5 Road and Iowa Rd.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 2 - 0 - Unanimously
     Abstention: Commissioner Pct. 3, Joe M. Flores

The Court proceeded to Item 20.A.2.
 
19.
 
Budget & Management - Sergio Cruz:

This Item was discussed after Open Forum. The entire Court was present.
 
A.
AI-46258
1. Public hearing on the 2015 Proposed Budget as per Texas Local Government Code 111.067.

Mr. Cruz stated that the Total Proposed Budget that was included in the book was $256,344,000.00 of which the General Fund portion was $185,200,000.00, the Special Revenue Fund was $22,900,000.00, the Debt Service Fund was 19,300,000.00, and included an Enterprise Fund of $28,500,000.00. These budgets were built around the proposed tax rate of .59 cents per $100 of valuation. Judge Garcia opened the Public Hearing for comments.  Ms. Fern McClaugherty commented that even if it has been stated that there has not been an increase in taxes she would like to see the tax rate go down. With no further comments, Judge Garcia closed the Public Hearing.

2. Discussion, consideration, and action on changes and corrections to the 2015 Proposed Budget.

Mr. Cruz stated that the handout showed the changes on pages 4 through 10 which were mostly rounding corrections.  There was an accounting change to the Environmental Compliance Division where they have properly recorded them under their own program with no budgetary impact.  The Sheriffs' Departments budget was increased $135,080.00 for contracts that were not accounted for in the budget and the increase of the 1115 Waiver contribution. The total increase to the appropriation from the Fund Balance was $438,859.00.

     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

3. Approval to set salaries, allowances, and other compensation for Fiscal Year 2015.

Mr. Cruz announced there are a few changes that are mostly title changes, the Environmental Compliance Division program number change, and deletion/creation of position in Road and Bridge, resulting in a savings of $5,588.00. 

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

4. Adoption of the 2015 Annual Budget at the Departmental Level

Mr. Cruz stated that the total amount of the budget would be $185,674,407.00.

        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:
 
B.
AI-46685
Consideration and approval of order setting the 2014 Hidalgo County Tax Rates:
1. Total Maintenance and Operations Tax Rate (0.5308 cents per $100 valuation)

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval that the property tax rate be increased by the adoption of a maintenance and operation tax rate of 0.5308 for each $100 valuation of all taxable property for general operating purposes, which is effectively a 1.32 percent increase in the tax rate.

     Vote: 5 - 0 - Unanimously

2. Total Debt Service Tax Rate (0.0592 cents per $100 valuation)

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES
, the Court made a UNANIMOUS vote of approval for the adoption of a debt service tax rate of 0.0592 for each $100 valuation of all taxable property to provide sinking funds and pay interest on the outstanding debt issuance which include both bond issues and certificates of obligation.

     Vote: 5 - 0 - Unanimously

3. Total Ad Valorem Tax Rate (0.5900 cents per $100 valuation)

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval that the property tax rate be increased by the adoption of a tax rate of 0.5900, which is effectively a 1.34 percent increase in the tax rate.
   
     Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-46707
Title IV-E Child Welfare Services (1100):
1. Approval of the Title IV-E Child Welfare Services (Contract #23941009) Budget for October 1, 2014 - September 30, 2015.

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

     Vote: 5 - 0 - Unanimously

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

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
 
D.
AI-46502
Sheriff Office (1100):
1. Approval of Certification of Revenues by County Auditor for the Sheriff.
2. Approval of 2014 appropriation of funds for Sheriff in the amount of $9,434.56 to fund equipment and vehicles repair and maintenance supplies.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of Items 1 and 2.

     Vote: 5 - 0 - Unanimously
Attachments:
 
E.
AI-46710
1.  Presentation and discussion on financing of Capital Improvement Plan projects.

Mr. Noe Hinojosa, Hidalgo County Financial Advisor with Estrada and Hinojosa Investment Bankers, demonstrated their plan of finance to attempt to fund a portion of 342 million dollars in capital improvement planning. The proposed new courthouse, estimating 187 million dollars and improvements to the Adult Detention Center, estimating 63 million dollars equal almost 72% of the entire Capital Improvement Plan. The plan he presented was an attempt to fund a portion and prepare for future funding of these projects.  The packet he provided demonstrated the sources of funding and further describe how the plan would work. 

2.  Consideration and approval of resolution authorizing publication of the County’s Notice of Intent to Issue with respect to the Hidalgo County, Texas Certificates of Obligation, Series 2014.

   On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
 
3.  Consideration and approval of an order authorizing the issuance, sale and delivery of Hidalgo County Limited Tax Refunding Bonds, Series 2014; delegating certain authority to the County Judge pursuant to the provisions of Texas Government Code, Sections 1207.007 and 1207.008; levying a continuing direct annual ad valorem tax; authorizing the refunding of certain outstanding bonds; authorizing the execution of a bond purchase contract; approving an official statement, execution of an escrow and trust agreement, and making other provisions regarding such bonds and matters incident thereto.

   On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
 
4.  Consideration and approval of resolution designating the County Judge of Hidalgo County as authorized representative of Hidalgo County to give notice of intent to reimburse expenditures with proceeds of tax exempt obligations.

   On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
 
20.
 
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-46705
A.  As directed/approved by CC and as further stated for the "record" by Hon. S. Crain, Legal Counsel at meeting of 09-23-14, presentation of the Original 2006 Exact RFP/Q complete procurement packet used and distributed by HC and for use for the 2014: "Engagement of Law Firm for the Collection of Delinquent Ad Valorem/Property Taxes and Other Related Services" for printing and distribution (10/01/14) to interested firms (as first ad published on 09-27-14); AND,

Commissioner Joe Flores commented that last week it was stated that there were 5 criteria when in fact the 2006 packet had 6 criteria. Mrs. Marty Salazar explained that the 2006 packet was used as a basis to create an updated version and unintentionally only updated it as is, opposed to following the Courts final direction. The packet presented today indicated 6 criteria with 10 points toward Fees and 10 points toward Presentation. Commissioner Flores recounted that 20 points were said to go toward Fees, yet Mrs. Salazar replied that the 2006 packet has only 10 points toward Fees. Commissioner Joseph Palacios pointed out there should be more emphasis on rate/price because it is the taxpayers’ money that pays for this service. He recommended that 20 points go toward fees as opposed to the 10 points for Oral Presentation.  Mrs. Salazar reported that this was only restating the presentation from last meeting.

B.  Applicable action on the following to approved org. RFP Procurement Packet contents: "Engagement of Law Firm for the Collection of Delinquent Ad Valorem/Property Taxes and Other Related Services":

    1.  Permit the inclusion to the RFP the "additional services" requested and explained by Hon. Paul Villarreal, Jr., HC-TAC at CC meeting of 09-09-14;

   On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

   2. The inclusion of a draft form of agreement (reviewed & accepted by legal counsel) as the original 2006 RFP procurement packet did not contain said form of agreement. 

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

    3.  Other additions, deletions or modifications, if any or applicable;
    
NO ACTION taken on this Item.

C.  As directed by CC on 09-23-14, discussion and action for the designation, assignment or appointment of Grading/Scoring Committee of the responses received for the "Request for Proposal w/Qualifications (RFP/Q) procurement packet for the Engagement of Law Firm for the Collection of Delinquent Ad Valorem/Property Taxes and Other Related Services" project;

Commissioner Joe Flores requested the Commissioners’ Court and the County Judge be designated as the committee. Commissioner Joseph Palacios disclosed that he will be excluding himself from the committee even though there is no legal reason and would like to designate someone else. Legal Counsel, Steve Crain, expressed that the grading must be done in an open meeting, duly noticed. Mr. Crain also had a concern over the replacement of Commissioner Palacios; considering the committee will be all Elected Officials, he is unsure how Commissioner Palacios can designate someone to act on his behalf. Judge Garcia suggested the motion be approved subject to Legal’s review and recommendation at the next Commissioners’ Court meeting.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval subject to Legal Counsel’s review and recommendation.

     Vote: 5 - 0 - Unanimously

Mrs. Salazar disclosed that after this was settled, she will no longer participate in this process; Mr. Valde Guerra will continue the oversight of her staff, Ms. Betancourt and Ms. Garcia. 
 
2.
AI-46519
Presentation of the responsible vendor submitting the lowest and best bid (as detailed in tabulation sheet contained herein & meeting all specifications and/or requirements) for the purpose of award and approval of contract for: RFB titled: Hidalgo County-"CRS-2 (Cationic Rapid Setting) Emulsified Asphalt" through project No.: 2014-315-09-03-SGS.

This Item was discussed after 18.B. Judge Ramon Garcia and Commissioner Tito Palacios were not present.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to contract Ergon.

     Vote: 3 - 0 - Unanimously
 
3.
AI-46569
Acceptance and approval to exercise the County's option to extend the 3rd and final one (1) option with same rates, terms and conditions as stated on contract with Brown & Brown Lone Star Insurance Services, dba, Alamo Group Insurance for "Consulting Services for Self-Funded Insured Group Health" project.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

The Court proceeded to Item 20.B.1.
Attachments:
 
4.
AI-46729
Pursuant to RFQ contents,  action on the designation/appointment of Evaluation Committee for the scoring and grading of Statements of Qualifications received in response to the RFQ PROFESSIONAL ARCHITECTURAL CONSULTING SRVS-DESIGN & CONSTRUCTION OF COURT HOUSE & JUDICIAL BLDG.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to appoint the Chiefs of Staffs.

     Vote: 4 - 0 - Unanimously

The Court proceeded to Item 6.
 
B.
 
Sheriff's Office
 
1.
AI-46636
a. Presentation of the scoring/evaluation grid ( for purpose of CC determination as "Qualified" so as to proceed with next step of the procurement process) of the sole response received from Dr. John Lung, MD (as detailed in documentation attached herein) for:Professional Physician Services for Inmates for Hidalgo County Sheriff's Office-RFQ 2014-343-09-17-YZV.

NO ACTION taken on this Item.

b. Authority for Purchasing Department and/or other County Staff to negotiate a professional services contract with the qualified participant____________________________for the provision of "Professional Physician Services for Inmates" for Hidalgo County Sheriff's Office. 

NO ACTION taken on this Item.
 
C.
 
County Clerk
 
1.
AI-46546
A. Presentation of scoring grid for the purposes of ranking by Commissioners' Court, the responses received in connection with the Request for Proposals for: "Records Management & Document Imaging Process"- RFP 2014-286-09-03:
 
     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote:
3 - 0 - Unanimously
 
COMPANY AVERAGE SCORE   RANKED
Kofile Systems, Inc 95.60          1
Property Info Corporation 76.40          3
Xerox Services (Government Records Services, Inc.) 77.60          2

B. Requesting authority for Purchasing Department to proceed to negotiate a "Best and Final Offer" with the number one ranked company of KOFILE SYSTEMS, INC for the provision of "Record Management & Document Imaging Process" for Hidalgo County Clerks' Office.

   On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
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:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-46694
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
D.
AI-46670
Claim of Adan R. Garza
 
E.
AI-46672
Claim of Ezequiel Casanova
 
F.
AI-46674
Claim of Sergio Rodriguez
 
G.
AI-46724
Claim of Gabriela L. Ventura

NO ACTION taken on Items 21.A - 21.G.
 
22.
 
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-46695
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval settle with one plaintiff, Miguel Flores, in the amount of $12,500.

     Vote: 3 - 0 - Unanimously

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to give authority to Valarie Glass to continue settlement negotiations with the balance of the plaintiffs.

     Vote: 3 - 0 - Unanimously
 
D.
AI-46671
Claim of Adan R. Garza
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $7,500 to be made payable to Adan R. Garza and Loncar & Associates.

Vote: 3 - 0 - Unanimously

 
E.
AI-46673
Claim of Ezequiel Casanova
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $875.80.

Vote: 3 - 0 - Unanimously

 
F.
AI-46675
Claim of Sergio Rodriguez
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of settlement authority in the amount of $1,528.57.

Vote: 3 - 0 - Unanimously

 
G.
AI-46725
Claim of Gabriela L. Ventura

Mr. Guerra stated for the record that the Almaraz Law Firm has presented a claim on behalf of Gabriela L. Ventura.

NO ACTION taken on this Item.
 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
24.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
25.
 
Adjourn

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Commissioner Joseph Palacios asked for the record if there would be court next week and Mr. Guerra answered that there would be no court next week.
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 30th day of September, 2014

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Virginia Jones, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on SEPTEMBER 30, 2014.

Signed this 30th day of SEPTEMBER 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy