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Minutes for CC - REGULAR

SPECIAL MEETING - November 10, 2014

BE IT REMEMBERED, that on this 10th day of November 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
November 10, 2014
1:45 P.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.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Item 12.A to be pulled for discussion.
 
5.
 
Open Forum

Ramiro Trevino reminded the court of a concern regarding the County vehicle take home policy and stated he submitted a public request to the Public Affairs office and was disappointed with the result. He was then sent letters from the D.A.’s office and feels the ones to answer his request should be the County, not the District.

Luis Perez had a concern over the Tax Office’s Motor Vehicle Fraud Investigation Department. He informed the Court that some of the citations that have been issued are not Class C Misdemeanors and are being paid through the J.P.’s office. He stated the citations are Felonies and feels there is lack of knowledge.

Opal Billman stated that their 80 acres of community property was purchased by the Billmans from named persons. The court gave them no division, no value of the property and named their son to manage their debt free community property. As her divorce settlement, she received nothing and stated the court has made inappropriate actions.

 
6.
 
County Judge's Office:
 
A.
AI-47336
Presentation by Veterans Service Officer in observance of Veterans Day

Veterans Service Office Director Emilio De Los Santos addressed the court asked the public to fly their American flags proudly during Veterans Day Holiday and for everyone to personal thank a veteran for their service. Veterans of Foreign Wars Commander Felix Rodriguez read an excerpt from William Shakespeare's play Henry V named "The St. Crispen Day Speech" which was the first to use the Band of Brothers wording.
 
B.
AI-47323
Resolution Honoring Hidalgo County's Rosie the Riveters: Mary Jo Tansel, Angelica Gonzalez Garcia, and Illa "Molly" Holtzinger

The three women were present in court to be honored for their bravery and significant contribution to the success of our nation during the war and for inspiring generations of women.  Rosie the Riveter is an American cultural icon, representing women who worked or volunteered full-time in factories, farms, shipyards, banks and other institutions in support of the military overseas during WW II. More than 16 million women worked as “Rosies,” including women from or currently residing in Hidalgo County, including Angelica Gonzalez Garcia, Illa “Molly” Holtzinger, and Mary Jo Tansel.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
 
C.
AI-47303
Proclamation for the Comfort House Observing 25 years of Hospice Care.

     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 
 
D.
AI-47295
Introduction of Mr. Ricardo Saldaña - Hidalgo County Emergency Management Coordinator by Hidalgo County Judge Ramon Garcia

Ms. Yolanda Chapa, Hidalgo County Chief Administrator, introduced Rick Saldaña as the new Emergency Management Coordinator for Hidalgo County. Mr. Saldaña is a well respected emergency management and fire department professional with 33 years of experience. Prior to him joining the county, he served as the Fire Chief in the City of Mission for 17 years. Previous to that position, he served 15 years as Mission's Emergency Management Coordinator. He holds certifications as a fire fighter, fire inspector, instructor, peace officer, and advanced arson investigator. The Court was pleased to have him join our County government. 
 
E.
AI-47331
Discussion, consideration, and action to amend the Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy.

Mr. Mike Perez, a consultant of the Project began by explaining the location and purposes of the proposed development supported by the City of McAllen. Also present were, Scott Crane, McAllen City Commissioner, Mike Rhodes, Project Developer, and Michelle Leftwich, Assistant City Manager of Mcallen. Mr. Perez explained that the development is outside of the city of McAllen, currently in Hidalgo County, but once approved through TIRZ, McAllen will annex the development into its city. Mr. Perez asked for 80% reimbursement to the TIRZ from the County and 80% from the City (already approved by the City of McAllen). Bobby Villarreal, County Judge's Office, requested direction on the amendment to the Agreement and read the two proposed changes. Proposed Changed #1 is to add special circumstances where: the zone is greater than 500 acres, is situated entirely in the extra territorial jurisdiction of a municipality and the zone must be annexed by the municipality within 12 months of the zone being created. Proposed Change #2 is to add language that will allow the county to contribute more than the city.  

     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 for legal counsel to draft the proper language of the two proposed changes that have been identified that will amend the TIRZ Policy to be later adopted. 

     Vote: 5 - 0 - Unanimously
 
F.
AI-47333
Discussion, consideration, and action on a Resolution expressing the intent of Hidalgo County to participate in the proposed Tax Increment Reinvestment Zone Number One, City of McAllen, Texas (the “Zone”) at a participation rate in accordance with the newly adopted and amended Hidalgo County TIRZ Policy, conditioned upon creation of the Zone and negotiation of an acceptable Interlocal Agreement between the City of McAllen and the County.

     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 to adopt 77% of County participation.

     Vote: 5 - 0 - Unanimously

The Court proceeded to the Consent Agenda.
 
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."

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 as it pertains to Item 23.C; Cause No. D-1-GN-14-004597; Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and Dearborn National Life Insurance Company v. The Honorable Greg Abbott, Attorney General of Texas, and Hidalgo County, Texas

Vote: 4 - 0 - Unanimously

2. Requesting 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

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 as it pertains to Item 23.C; Cause No. D-1-GN-14-004597; Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and Dearborn National Life Insurance Company v. The Honorable Greg Abbott, Attorney General of Texas, and Hidalgo County, Texas

Vote: 4 - 0 - Unanimously
 
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
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 1 - 3.

Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
C.
AI-47213
Approval of and authorization for County Judge to sign Certificate of County Judge of Hidalgo County, Texas relating to Arlington Higher Education Finance Corporation Education Revenue Bonds (Responsive Education Solutions) Series 2014
 

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: 4 - 0 - Unanimously

Attachments:
 
D.
AI-47277
1. Approval to accept Settlement Agreement from Endeavor General Insurance Agency in the amount of $20,957.84 to settle total loss auto accident with County vehicle. (Constable P3)

     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: 4 - 0 - Unanimously

2. Approval to authorize Mr. Valde Guerra, Commissioners' Court Executive Officer, to sign Power of Attorney forms for title purposes to settle total loss auto claim with Endeavor General Insurance Agency. (Constable P3)

     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: 4 - 0 – Unanimously
 
E.
AI-47288
Request from United Blood Drive Services to set up Bloodmobile at Courthouse and Administration Building on the following dates:
DATE LOCATION TIME
Wed., December 17, 2014 Admin. Offices 10:30am-3:00pm
Wed., March 18, 2015 Courthouse 10:30am-3:00pm
Wed., May 13, 2015 Admin. Offices 10:30am-3:00pm
Wed., August 12, 2015 Courthouse 10:30am-3:00pm
 

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: 4 - 0 - Unanimously

Attachments:
 
F.
AI-47204
Right of Way:
Requesting approval of pipeline permit for Valley Paving - proposed open cut for 18" RCP between Tower Rd & Alamo Rd on Wisconsin. 18" RCP will be placed at an elevation of 81.50. The existing elevation is 89.90. (Pct. 4)
 

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: 4 - 0 - Unanimously

 
G.
AI-47212
Right of Way:
Requesting approval of pipeline permit for Cantera Operating - To open cut 6 miles north of Mile 7 from Jara Chinas Rd within the Right of Way east to west (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: 4 - 0 - Unanimously

Attachments:
 
H.
AI-47211
Discussion on County Funeral Escorts

Mr. Valde Guerra, Executive Officer, reminded the Court of a meeting held a few years back regarding the liability issue during funeral procession.  He recommended a meeting with the Constables and Chiefs of Staff to review a proposed policy that addresses funeral procession guidelines.  He stated the liability of the County is his concern; therefore, needed to address the situation. He will schedule a meeting and will report the Court at a later date. 
 
I.
AI-47201
Approval of 2015 Proposed Holidays

     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 remove Easter Monday (5/6/2015) and include Columbus Day (10/12/2015).

     Vote: 4 - 0 - Unanimously

Commissioner Hector "Tito" Palacios joined the meeting.
Attachments:
 
8.
 
Constables:

Commissioner Joseph Palacios stepped away from the meeting.
 
A.
AI-47193
Constable Pct. #2:
Requesting authorization for the County Judge to execute the 2014 Equitable Sharing Agreement and Certification Report
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-47195
Constable Pct. #3:
Request authority to surplus for trade: nineteen (19) service handguns for purchase of new handguns through GT Distribution, Inc. 
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
9.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-47287
Approval of Resolution in support of the Hidalgo County Veterans Treatment Court

NO ACTION taken on this Item.
Attachments:
 
10.
 
Human Resources - Esther Cortez:
 
A.
AI-47207
WIC ADM (1292):
1. Approval of the following personnel actions:

Action Position Title Slot
No.
Dept
No.
Current/Proposed
Budgeted Salary
Delete LVN II 0036 350-001 $41,280.00
Create Clinic Manager 0250 350-001 $44,583.00

2. 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 and 2.

     Vote: 4 - 0 - Unanimously

At this time, Commissioner Joseph Palacios joined the meeting.
 
B.
AI-47248
Tax Office (1100):
1. Approval of the following personnel actions:

 Action  Slot#  Position Title  Current/Proposed
Budgeted Salary
Delete 0014 Accountant III $44,583.00
Delete 0038 Bookkeeper I $31,045.00
Delete 0096 Deputy Clerk I $26,014.00
Delete 0106 Deputy Clerk I $26,173.00
Delete 0154 Clerk II $20,250.00
Create 0162 Accountant II $36,000.00
Create 0163 Deputy Clerk II $30,000.00
Create 0164 Deputy Clerk II $30,000.00
Create 0165 Administrative Asst III $30,000.00
Create 0166 Data Entry Clerk II $21,906.00

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: 5 - 0 - Unanimously

 
11.
 
Sheriff's Office:
 
A.
AI-47302
1. Requesting final approval by Commissioners' Court of MOU between the Hidalgo County Sheriff's Office and Precinct 2 Constable's Office for the transfer of two vehicles under equitable sharing previously approved on 10/28/14 (AI #47095) after Legal Counsel modifications.

Judge Garcia stepped away from the meeting.

     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: 4 - 0 - Unanimously

2. Approval for County Judge, as authorized official, to sign the required document.

     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: 4 - 0 – Unanimously
Attachments:
 
12.
 
Tax Office - Paul Villarreal:
 
A.
AI-47249
Amendment to Interlocal Cooperation Agreement for Tax Assessment and Collection for the following entities:
City of Edinburg, City of Granjeno, City of La Joya, City of La Villa, City of Palmview, City of Penitas, City of Progreso, City of San Juan, City of Sullivan City, City of Weslaco, Donna ISD, Edcouch-Elsa ISD, Edinburg CISD, La Joya ISD, La Villa ISD, Mission CISD and Progreso ISD.
 

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: 4 - 0 - Unanimously

 
13.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-47335
Proclamation Declaring November as National Diabetes Awareness Month
 

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

 
B.
AI-47126
Consideration and approval of Contract for Participation for Out Stationed Eligibility Specialists in the Health Care Facilities at:

1. Doctor's Hospital at Renaissance
2. Knapp Medical Center
3. Mission Hospital, Inc.
4. Rio Grande Regional Hospital
5. McAllen Hospitals, LP (aka McAllen Medical and Edinburg Regional Medical Center)
 

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 of Items 1 - 5.

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.
 
14.
 
Urban County - Diana Serna:
 
A.
AI-47200
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services.

   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: 4 - 0 - Unanimously
 
2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering firms from the county’s approved “pool” as graded and evaluated by the City of Weslaco, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 26 & 27 (2013 & 2014) City of Weslaco – Water/Sewer Improvements funds.
 
Professional Service Firm Grade Ranked
LeFEVRE Engineering & Management Consulting, LLC 94.67%  1
TEDSI Infrastructure Group, INC 90.33%  2
M. Garcia Engineering, LLC 85.33%  3

     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: 4 - 0 - Unanimously

3. Authority to negotiate a professional engineering service contract with the highest ranked firm LE FEVRE ENGINEERING & MANAGEMENT CONSULTING, LLC for a Urban County Program Years 26 & 27 (2013 & 2014) City of Weslaco - Water/Sewer Improvements project.

   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: 4 - 0 - Unanimously 
 
B.
AI-47250
Requesting approval of a budget and program amendment for the City of Weslaco to its Urban County Program FY’s 24 & 25 (2011 & 2012) work plans. The amendment will add the following scope of work to the Water/Sewer Improvements activity for FY 24 (2011): the installation of water lines and sewer lines and related street improvements to an already existing project in Fiscal Years 26 & 27 (2013 & 2014); decrease the Public Facilities by $31,367.30 and create a Public Service (general) library in the amount of $31,367.30 for FY 25 (2012).
 

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: 4 - 0 - Unanimously

 
C.
AI-47199
The Urban County Program requests approval of the Emergency Solutions Grant Program Sub-Recipient Agreements for Program year 27 (2014). See attached Agreements.

# Sub-Recipient Agency  Total Contract Amount
1 Catholic Charities of the Rio Grande Valley $133,726.00
2 Women Together Foundation, Inc. $133,726.00
3 The Salvation Army $167,630.20
  TOTAL:  $435,082.20
 

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: 4 - 0 - Unanimously

Attachments:
 
D.
AI-47179
Urban County Program on behalf of Precinct No. 1, is requesting authority to purchase Fire Station/Equipment for the Monte Alto Volunteer Fire Department (radios, light bar, siren and speaker). Purchase will be made from Valley Radio Center (contracts #433-13 & 432-13) an approved vendor through Hidalgo County’s membership and participation with Buyboard. The total amount for the purchase is $10,708.39 (quote attached) utilizing CDBG - FY 24 (2011) Pct. 1 Fire Station/Equipment line item.

     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

Commissioner Joe Flores stepped away from the meeting.
 
E.
AI-47190
The Urban County Program on behalf of the City of Edcouch is requesting approval and award of best and final negotiated contract for construction material testing services with L & G Engineering in the amount of $7,243.96 utilizing CDBG FY 26 (2013) Street Improvements funds.

     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: 3 - 0 – Unanimously

Commissioner Joe Flores joined the meeting.
Attachments:
 
F.
AI-47184
Approval of land acquisition of Parcel # 7 and Parcel # 7A for the Delta Area Connector/ East Lateral Project (GLO 12-406-000-6453/DRS 210068).

     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 

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
15.
 
Head Start Program - Teresa Flores:
 
A.
AI-47214
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2014 Pending Appointment of Community Representatives: Judge Ramon Garcia and Commissioner Joseph Palacios, Precinct 4

This Item was discussed during Open Session. Commissioner Joseph Palacios was not present.

     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 Dr. Martin Castillo of Edinburg as representative for the County Judge's Office.

     Vote: 4 - 0 - Unanimously
 
16.
 
WIC - Norma Longoria:
 
A.
AI-47289
WIC FY 2015 Grant (1292): 
1. Requesting approval for County Judge to sign the FY 2015 WIC grant Contract#2015-047381 between Hidalgo County Health and Human Services WIC Program and The Department of State Health Service (DSHS) in the total amount of $12,214,646.00 for the period of 10/01/14-9/30/15.

   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. Requesting approval for County Judge to sign the Texas Department of State Health Services Certification Regarding Lobbying Certification For Contracts, Grants, Loans and Cooperative Agreements.

   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. Requesting approval for County Judge to sign the Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification For Fiscal Year (FY 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
 
17.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-47245
Requesting approval of payment to the Texas Commission on Environmental Quality (TCEQ) in the amount of $1,250.00 for the renewal of yearly permit for Delta Lake Park.
 

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:
 
18.
 
Precinct #3 - Comm. Flores:
 
A.
AI-47316
1.  Requesting approval of Interlocal Cooperation Agreement between the City of Penitas and County of Hidalgo to reconstruct and overlay a portion of Chihuahua 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
 
2.  Approval of ICA Project in accordance with Texas Government Code Section 791-014 to provide reconstruction and paving of a portion of  Chihuahua 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
Attachments:
 
19.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-47276
Pct. #4 R&B (1200):
1.  Approval of certification of revenues as certified by the County Auditor for Pct. 4 - 1/3 paving revenues.

     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 2014 appropriation of funds into Precinct No. 4 Road Maintenance (program 007) in the amount of $80,667.33.

     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

 
20.
 
Budget & Management - Sergio Cruz:
 
A.
AI-47266
Approval of the fixed costs and expenses related to the Certificates of Obligation Series 2014, Limited Tax Refunding Bonds Series 2014C and Tax Notes 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 subject to Auditor review.

Vote: 3 - 0 - Unanimously

 
B.
AI-47236
1.  Discussion, consideration and approval to establish a change fund in accordance with Texas Local Government Code Section 130.902 at each of the four Precinct Administrative Offices in the amount of $100.00 each for Hidalgo County Sanitation Permits after all County Auditor requirements are completed.

     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.  Discussion, consideration and approval to establish each Precinct's Administrative Offices as a new collection point.

     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.  Discussion, consideration and approval to authorize the collection of funds for the Hidalgo County Sanitation Permits in the month of December to be effective 01/01/2015.

   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
Attachments:
 
C.
AI-47312
Approval of automated clearing house (ACH) payment to the Department of Health and Human Services (HHS) via Pay.gov for the County's 2014 Affordable Care Act (ACA) Transitional Reinsurance fee of $408,933.00.
 

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:
 
D.
 
Budget Appropriations:
 
1.
AI-47326
A. Approval of certification of revenues as certified by the County Auditor for monies received  from Sprint/Nextel for reconfiguration of communication systems in Hidalgo County.

NO ACTION taken on this Item.

B. Approval of 2014 appropriation of funds in the total amount of $82,371.90  

NO ACTION taken on this Item.
Attachments:
 
21.
 
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-47332
A. Requesting exemption from competitive procurement requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software;

Judge Garcia joined the meeting at this time.

    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: 4 - 0 – Unanimously

B. Approval to purchase through POs and agreement(s) (if applicable) for "On-line Research Services" with Lexis Nexis including, but not limited to, the following Hidalgo County elected offices, department(s), programs or agencies:
District Judges

Commissioner Hector "Tito" Palacios joined the meeting.

   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 
Attachments:
 
2.
AI-47246
Approval of amendment to Inter-local Cooperation Agreement with the City of Edinburg for the "Use of Council Chambers Facility for Hidalgo County Commissioners' Court Meetings," to reflect a uniform (30) thirty day termination clause throughout entire document.
 

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: 5 - 0 - Unanimously

Attachments:
 
3.
AI-47189
Presentation for discussion, consideration, action (if necessary) in connection with the "RFP/Q No: 14-333-10-15-VYG-Delinquent Tax Collection Services" project including, but not limited to, the following:

Ms. Darlene Betancourt, Purchasing Department, explained to the Court that the selection for the first presentation will be chosen by a selection of lots. Judge Garcia announced that the first firm to present would be Purdue, Brandon as the other firm was to step out of the room.

A) Presentation by the two (2) participating firms responding to Hidalgo County's RFP/Q-Delinquent Tax Collection Services and possible questions  from Evaluation Committee (Judge and Commissioners);

Purdue, Brandon, Fielder, Collins & Mott, LLP begun their presentation for Delinquent Tax Collection Services by displaying  a slideshow for the Court and audience to view.  There were no questions from the Court and the next firm stepped in to present their presentation as the other firm stepped out. There being an overage of time limit, Linebarger, Goggan, Blair & Sampson had additional time for their presentation. 

Judge Garcia asked the firm regarding the software and Ms. Lucy Canales stated that the price was included in the RFP/Q which is ACT Tax software at a reduced rate from $365,000 to $200,000, including new hardware and printers for over 100 employees at the Tax Office.  She stated it could still be negotiated. Commissioner Joseph Palacios stated to the firm that price was what the Court would be focusing on for the benefit of the taxpayer and Ms. Canales replied that a reduced rate also meant reduced services.  Mr. Franz explained how the percentage they are proposing compared to a lower rate was only a few dollars difference for the taxpayer. It was also explained that ACT is a subsidiary of Linebarger in which the fee was negotiable.  Legal Counsel, Steve Crain, questioned if the software price was included in the RFP/Q, and she stated it was.  It was explained that the tax software is necessary; therefore, the County will have to pay either way. 

With no further questions from the Court, they requested Purdue team to join the meeting for further questions. Commissioner Joseph Palacios questioned the Purdue team regarding the tax software and why they didn't include it in their proposal.  They responded with an Attorney General's opinion stating they are not allowed to bundle services stating that a vendor cannot offer givebacks, further stating that is why they did not offer it in the proposal. At this time, the Court graded the firms and were collected by the Purchasing department personnel for final scoring. 

With no further questions, the Court proceeded to grade the two firms.

B) Approval of the evaluation/scoring grid for the purposes of ranking by Commissioners Court of the two (2) participating firms:
 
FIRM  SCORE AVERAGE
Linebarger Goggan Blair & Sampson  483 96.6 
Perdue Brandon Fielder Collins & Mott LLP  458 91.6
RANKED:    

   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 rank Linebarger, Goggan, Blair, and Sampson as the Number One (1) ranked firm.

     Vote: 5 - 0 - Unanimously

Mr. Eufracio stated he would like to evaluate the scoring sheets.  Steve Crain, Legal Counsel, stated it was permissible, but it would not change the the result due a vote already made scoring them.

C)  Authority for the Purchasing Department and Legal Counsel to negotiate a final contract with the Number One (1) Ranked Firm LINEBARGER, GOGGAN, BLAIR & SAMPSON for RFP/Q NO: 14-333-10-15-VYG"-Delinquent Tax Collection Services" project.  

   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: 5 - 0 - Unanimously
 
B.
 
Pct. 1:
 
1.
AI-47325
a)  Acceptance and approval of an Interlocal Cooperation Agreement between County of Hidalgo and City of Weslaco for the provision of joint efforts for the improvements of Border Avenue; and

   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: 5 - 0 – Unanimously
 
b) Acceptance and approval of Interlocal Agreement Project:  Maintenance and Improvements to Border Avenue from Mile 5 North to Mile 6 North (18th Street); whereas the County and City agree to share the costs based on territory pertaining to each authority as detailed in the agreement thus pursuant to the approval of the Interlocal Cooperation Agreement as stated above.

   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
Attachments:
 
2.
AI-47181
Acceptance and approval of the following work authorizations as submitted by Millennium Engineers Group, Inc. amid Contract #C-14-309-09-09 for the provision of "Construction Materials Engineering and Testing Services" as follow:

a)  Work Authorization No. 1-Mile 12½ Road (FM 1015 to Mile 2) Improvements project in the amount of $16,613.50 thru assigned requisition #265879;

    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: 5 - 0 – Unanimously

b)  Work Authorization No. 2-Mile 3½ Road (Mile 5 to Mile 6) Improvements project in the amount of $16,613.50 thru assigned requisition #265878.

   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 
 
C.
 
Pct. 2
 
1.
AI-47272
Approval of the following requisitions listed for operating expenditures exceeding $25,000:
Requisition No. Vendor Amount
266657 Central Fence & Supply $42,196.59
266127 Frontera Materials, Inc. $33,872.00
 

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

Attachments:
 
2.
AI-47210
Approval of the following invoices listed for previously approved purchase orders for operating expenditures exceeding $25,000:
Invoice No. Vendor Amount
6170063258 Tire Centers, LLC $  1,698.32
WIKE0021446 HOLT $  1,856.10

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

     Vote: 5 - 0 - Unanimously

At this time, the Court proceeded to Item 21.A.3.
 
3.
AI-47330
Requesting clarification/correction to the project limits for Work Authorization No. 3 & 4 with Millennium Engineers Group for Pct 2 Sioux Rd and Pct 2 Eldora Rd Projects previously approved by CC 10/28/14 (AI#47096 & 47099) to reflect (I Road East approx. 7,580 LF).
 

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.
 
Health & Human Services Dept.
 
1.
AI-47097
A. Presentation of scoring grid for the purpose of ranking by Commissioners' Court, the responses received in connection with the Request for Proposal for: "Indigent Health Care Computer Software"-RFP 2014-276-10-15-YZV:
 
COMPANY AVERAGE
SCORE
RANKED
Challenger Soft 77.20    2
Network Sciences 98.40    1
 
    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

B. Requesting authority for Purchasing Department to proceed to negotiate a "Best and Final Offer" with the number one ranked company of NETWORK SCIENCES for the provision of "Indigent Health Care Computer Software" for Hidalgo County's Department of  Health and Human Services.

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

     Vote: 5 - 0 - Unanimously
 
E.
 
Sheriff's Office
 
1.
AI-47194
Acceptance and approval of the final negotiated contract with Dr John Lung, MD for "Professional Physician Services for Hidalgo County Inmates" project RFQ 2014-343-09-17-YZV.
 

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: 5 - 0 - Unanimously

 
22.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

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

Vote: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-47237
Cause No. D-1-GN-14-004597; Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and Dearborn National Life Insurance Company v. The Honorable Greg Abbott, Attorney General of Texas, and Hidalgo County, Texas
 
D.
AI-47270
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
 
E.
AI-47222
Claim of AT&T
 
F.
AI-47224
Claim of Jose Garza
 
G.
AI-47226
Claim of Emilio Gutierrez
 
H.
AI-47254
Claim of Texas Department of Public Safety
 
I.
AI-47297
Claim of Isaac Escamilla
 
J.
AI-47228
Hidalgo County v. Michael Martinez
 
K.
AI-47230
Hidalgo County v. David Patrick Casas

NO ACTION taken on Items 22.A - 22.K.
 
23.
 
Open Session:

Commissioner Joseph Palacios was not present for 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-47238
Cause No. D-1-GN-14-004597; Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and Dearborn National Life Insurance Company v. The Honorable Greg Abbott, Attorney General of Texas, and Hidalgo County, Texas

Refer to Items 7.A.1 and 7.A.2.
 
D.
AI-47271
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al

Proceed as directed.
 
E.
AI-47223
Claim of AT&T
 

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 $1,984.56.

Vote: 4 - 0 - Unanimously

 
F.
AI-47225
Claim of Jose 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 $2,303.67.

Vote: 4 - 0 - Unanimously

 
G.
AI-47227
Claim of Emilio Gutierrez
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $150.00.

Vote: 4 - 0

 
H.
AI-47255
Claim of Texas Department of Public Safety
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $190.00.

Vote: 4 - 0

 
I.
AI-47299
Claim of Isaac Escamilla
 

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 for settlement authority in the amount of $207.79.

Vote: 4 - 0

 
J.
AI-47229
Hidalgo County v. Michael Martinez
 

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 assign Josephine Ramirez' office to subrogate and file suit if necessary.

Vote: 4 - 0

 
K.
AI-47231
Hidalgo County v. David Patrick Casas

     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 assign Josephine Ramirez' office to subrogate and file suit if necessary.

     Vote: 4 - 0 - Unanimously

At this time the Court proceeded to Item 15.A.
 
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. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., 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 10th day of November, 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 November 10, 2014.

Signed this 10th day of November 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy