BE IT REMEMBERED, that on this 2nd day of June A.D., 2015, 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 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:
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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING June 2, 2015 9:30 A.M. |
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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:
All members of the Court were counted present.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
Raul Sesin led the Court and Audience in Prayer.
The Court moved to approve the Consent Agenda for the exception of Items 2.C, 3.H, and 9.J. to be pulled for discussion.
The Court proceeded to Items 6.B, 6.A, 17.A - 17.F, 9.E, 7.B, Open Forum.
The Court proceeded to item 13.C.
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
Commissioner Joe Flores joined the meeting.
The Court proceeded to Item 17.A.
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
Commissioner Joe Flores stepped away from the meeting.
The Court proceeded to Item 6.A.
Judge Garcia stepped away from the meeting.
Commissioner Joe Flores stated that he was opposed to the letter unless they extend the limits up to Conway. He commented that he would have liked for a representative from the RMA to have been present. Commissioner Joseph Palacios agreed; therefore, it was agreed to amend the letter stipulating the limits would be extended to Conway.
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 amend the letter of support by stipulating the limits would be extended up to Conway regarding the SH 365 project.
Vote: 4 - 0 - Unanimously
The Court proceeded to Item 8.A.
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, 2, and 3.
The Court proceeded to Item 7.E.
Mr. Millard Johnson, Texas Gas Service, stated that the reason they are present is to address the issue of the Order the Commissioners’ Court executed on January 24, 2012 on abandoning a roadway in which their pipeline has existed for 72 years. He emphasized that proper notice was not given to their company. Commissioner Palacios informed Mr. Johnson that they did extensive research and found nothing that identified a pipeline in that roadway. He added that the reason for the abandonment was the fact that it would not service any residential area or dwelling.
The relief Mr. Johnson sought by the Commissioners’ Court was to vacate the Order and have a do-over. Mr. Crain, legal counsel, informed the Court that no action can be taken on the item due to the way it is worded on the agenda. Commissioner Palacios stated that he would like the jurisdictional court to handle the matter and stressed that proper procedures were followed in the approval of the abandonment the road.
Mr. Raul Medina, MVP Properties, stated that the issue they are addressing is the Order that abandons the County’s interest in the property. He stated that if Texas Gas Service can prove to the District Court that they have an interest and a right to be there, then the County’s Order does not apply to them pursuant to the Utility Code. He explained that they’ve never had an easement or right to be there; that is why there is no documentation evidencing their existence on that land.
Mr. Johnson made his presentation which indicated the County was not given all the information regarding the strip of land and if the County had known the facts, the Court may have not have approved the order. He stressed that there is no way anyone could not have known there was a pipeline due to a regulator valve on site and a yellow sign on it specifying that there was a pipeline running through. He explained that if they had to relocate the pipeline, the cost would have to be paid by the ratepayers. In effect, the County taxpayers would also bear the burden due to the entities affected. He requested the Court to vacate or modify the order or intervene in the lawsuit.
Mr. Medina gave his presentation which demonstrated they complied with the requirements of law and they were bona fide purchasers. The order approved by Commissioners’ Court abandons the County’s interest on the unopened roadway and if Texas Gas had a right to be on the land, the County does not have jurisdiction to vacate their interest. He emphasized that the 139th District Court Judge Bobby Flores, concluded his findings with a Temporary Injunction indicating the Texas Gas does not hold an easement or consent by MVP. He reported that they will have a Jury Trial on June 22, 2015, but feels the delay is preventing MVP from developing their plan of an industrial park in that property. He requested they deny the relief requested by Texas Gas and allow the Jury to decide the ruling.
Judge Garcia expressed his concern over the lack of notification of the gas line in that roadway they agreed to abandon. His voiced his concern regarding the residents and entities that rely on the gas Texas Gas supplies. Mr. Medina replied that he afforded Texas Gas Service the opportunity to move the pipeline and offered them an easement around the property. His request for abandonment was for the purpose of cleansing the title in order to finance a project that size. He stated that an easement was never filed or recorded by Texas Gas which is required by law.
Commissioner Palacios stressed that Texas Gas Service never petitioned to lay a pipeline in 1943, nor did Hidalgo County receive an easement. He added the road has never been opened; therefore, never maintained. He emphasized that there is no intent preserve the right of way to build a road; therefore, they have no reason to reverse the order. He asked Mr. Crain if they can legally reverse this order, but Mr. Crain stated he would need to look into it. He assured Mr. Johnson that the District Court will render the proper judgment. Judge Garcia commented that they would place the item on the agenda in two weeks and will make a decision at that time.
The Court proceeded to Open Forum.
Mr. Franz presented the firms first report since they were contracted on January 1, 2015 as the County's Delinquent Tax Collection Firm. He informed the Court and public that they have three of the four payment centers open for business. The payment center for Precinct 4 is located on 805 S. Pin Oak in Edinburg, Texas. The payment center for Precinct 3 is located on 1518 North Conway in Mission, Texas. Finally, the location for Precinct 2 is located on 400 North McColl Road in Mcallen, Texas. He added that the Precinct 1 location will be up and running by then end of June and is located at 708 E. Edinburg Ave., Suite B in Elsa, Texas.
Mr. Hiram Gutierrez, from the firm Perdue, Brandon, Fielder, Collins & Mott, stated the taxpayer has the right to redeem the property according to Section 34.21 of the Tax Code.
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
The Court proceeded to Item 9.A.
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
City of McAllen is requesting permission for Right of Entry for Surveying and Appraising a tract of land containing 19.09 acres situated in Hidalgo County, Texas and also being a part or portion of Lot 48-3, West Addition to Sharyland Subdivision, Hidalgo County, Texas. (Pct. 3) with authority for County Judge to sign "Acceptance of Entry to Property" 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: 4 - 0 - Unanimously
Requesting approval for County Judge to sign and submit Request for Approval of Temporary Debris Management Site for Debris Resulting from Declared State or Federal Disaster to Texas Commission on Environmental Quality which would allow county to use two of its facilities to dispose of brush generated from May, 2015 storm events.
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
The Court proceeded to Item 7.C.
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
The Court proceeded to Item 7.A.
Approval to appropriate the budget for the Constables Office Pct. 1 portion of the FY2014 Operation Stonegarden Grant Phase I in the amount of $77,536.36.
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
Approval to appropriate the budget for the of the Constable Precinct 2 portion of the FY2014 Operation Stonegarden Grant Phase I in the total amount of $117,500.00.
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: 4 - 0 - Unanimously
Approval to appropriate the budget for the Constable Precinct No. 3 portion of the FY2014 Operation Stonegarden Grant Phase I in the total amount of $142,026.12.
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
Approval to renew Interlocal Agreements between Hidalgo County and the following school districts - (STOP Truancy Program) for the 2015-2016 school year:
1. La Joya I.S.D.
2. Mission C.I.S.D.
3. Sharyland I.S.D.
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 review.
Vote: 4 - 0 - Unanimously
The Court proceeded to Item 10.A.
Approval to appropriate the budget for the Constables Office Pct. 4 portion of the FY2014 Operation Stonegarden Grant Phase I in the amount of $105,500.00.
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
The Court proceeded to Item 7.B.
1. Authorization and approval to accept an extension for the 2013 Operation Stonegarden Grant (New termination date is 7/31/15).
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: 4 - 0 - Unanimously
2. Authorization and approval for County Judge, as authorized official, to sign required documents.
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
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. Requesting authority for Sheriff's Office representative to sign for demo use of program.
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
1. Approval of Interlocal Cooperation Agreement between Duval County and the County of Hidalgo (housing of Juvenile offenders)
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 of Interlocal Cooperation Agreement between Duval County and the County of Hidalgo (residential services)
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
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
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. Discussion, consideration and approval to create the following temporary full-time positions through the end of the year 2015. Effective 07/06/2015 through 12/31/2015:
| Slot# | Position Title | Proposed Budgeted Salary/Hourly Rate |
| T172 | Elections Clerk | $10,504.00/yr - $10.10/hr |
| T173 | Elections Clerk | $10,504.00/yr - $10.10/hr |
| T174 | Elections Clerk | $10,504.00/yr - $10.10/hr |
| T175 | Elections Clerk | $10,504.00/yr - $10.10/hr |
| T176 | Elections Clerk | $10,504.00/yr - $10.10/hr |
| T177 | Elections Clerk | $10,504.00/yr - $10.10/hr |
3. Approval of intra-departmental transfer.
4. Approval to revise the salary schedule in accordance with Commissioners Court action.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of items 2, 3, and 4.
Vote: 4 - 0 - Unanimously
The Court proceeded to item 14.A.
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
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. Requesting approval of the budget appropriation to reduce the grant budget in the amount of $63,016.00.
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
The Court proceeded to Item D.1.
NO ACTION taken on this Item.
Commissioner Joe Flores stepped away from the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B. Approval of Certification of Revenues from the Local Provider Participation fund in the amount up to $16,053,077.00
At this time, Commissioner Joe Flores joined the meeting.
Mr. Olivarez informed the Court that the State will have an accurate amount by 5:00 pm. That amount will then be presented to Mr. Eufracio for certification and has to be completed by June 6, 2015.
Judge Garcia stepped away from the meeting.
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 subject to certification and final approval from County Auditor, Ray Eufracio.
Vote: 4 - 0 - Unanimously
C. Approval of Appropriation of funds for Demonstration Year 3 (FFY 2014) IGT draw down to fund UC in the amount up to $22,762,168.00 as per instructions from Texas Health and Human Services Commission Rate Analysis.
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
D. Approval to collect 4th Qtr LPPF payment on June 30, 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: 4 - 0 - Unanimously
The Court proceeded to Item 13.A.
NO ACTION taken on this Item.
Mr. Jim Barnes addressed the Court regarding Items 13.C and 13.D.
Mr. Olivarez stated for clarification purposes, that the action taken was for the Local Provider Participation Fund (LPPF), under Senate Bill 1623, which is to benefit the services provided through the 1115 Waiver supplementing 72 programs valley-wide. He stressed that the funding has nothing to do with the Hospital District.
The Court proceeded to Item 6.C.
| Department: | Quantity: | Description: | User: | Service Plan: | Equipment Cost: |
| Comm. Pct. 4 | 2 | Data Cards | Office Use | 4G Mobile Broadband Unlimited @ $37.99 each per month | $0 |
| Comm. Pct. 4 | 2 | Cell Phones | Office Use | Nationwide Talk Unl. Anytime Mins. @ $53.89 + 250 TXT/PIX/FLIX @ $5.00 + Taxes/Fees @ $5.00 each per month | $0 |
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
The Court proceeded to Item 20.A.
Ms. Serna informed the Court that they are requesting the waiver to not require the potential contractor to submit the acknowledgement of the addendum. She stated that she has a copy of the publication indicating that the County may waive technicalities at their discretion. She advised the Court that they had a contractor submit a letter of protest. Mr. Crain, Legal Counsel, asked Mr. Sesin if he reviewed the bid and if the face amount of the bid amount incorporates the change made by the addendum. Mr. Sesin replied that he reviewed the bid being that he is the Engineer of record and that the bidder submitted a letter in writing confirming the cost of the bid included the addendum issues as clarification on behalf of the McAllen requirements. He confirmed that he could tell the face amount of the bid included everything.
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. The Urban County Program on behalf of Hidalgo County Precinct No. 4 is requesting consideration and action to award and enter into a construction contract with VG Vanguard Engineering LLC, being the lowest bidder meeting all specifications and/or requirements for the Texas Department of Agriculture (TDA) Contract No. 713045, in the amount of $1,220,170.75. The project consists of first-time rehabilitation single-unit residential sewer services within the colonia Hoehn Drive Subdivision located in Precinct No.4.
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
| 1. | (1) Unit in the City of San Juan and (2) units in the Countywide area for total contract amount of $164,677.00 to Quality Investments |
| 2. | (1) Unit in the City of Edcouch and (1) unit in the City of Elsa for a total contract amount of $109,260.00 to G&G Contractors. |
| 3. | (1) Unit in the City of Elsa for the total contract amount of $54,500.00 to A-One Insulation. |
| 4. | (2) Units in the City of Mercedes and (1) unit in the Countywide are for a total contract amount of $157,500.00 to Real Construction. |
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 Item B.1.
Vote: 4 - 0 - Unanimously
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 Item B.2.
Vote: 4 - 0 - Unanimously
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 Item B.3.
Vote: 4 - 0 - Unanimously
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 Item B.4.
Vote: 4 - 0 - Unanimously
Commissioner Joe Flores asked Ms. Serna if they can work on these projects in phases due to most projects being located in the east side of the County. Ms. Serna explained there is a waiting list and is first come, first serve. She stated she can look into what can be done.
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
2. Urban County Program on behalf of the City of La Villa is requesting consideration and action to award and enter into a construction contract with Saenz Brothers Construction, LLC for the Waste Water Improvements project in the amount of $583,000.00. UCP will utilize the City of La Villa water/sewer improvement funds from FYs’ 24, 25 & 26 (2011, 2012 & 2013).
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
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
The Court returned to this Item during Open Session. Judge Garcia and Commissioner Cantu were not present for the vote.
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 RESCIND the previous action pertaining to the land acquisition of Tracts #1A and 1B for the Penitas Drain Project.
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 of land acquisition of Tracts #1A and 1B for the Penitas Drain Project (GLO 12-406-000-6453/DRS 210068) subject to receipt of a Clean Environmental Report.
Vote: 3 - 0 - Unanimously
The Court proceeded to Open Session.
Ms. Serna stated that the missing property dates back to the 1990's.
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
Ms. Valdez reported they have had 779 volunteers which have contributed 19,604 hours of their time to various programs within the Agrilife Extension Service. Ms. Mary Molina, Master Clothing Volunteer, shared her fulfilling experience with the program. Ms. Valdez presented a "Saved Wages Contribution" to the Court as a reflection of the hard work from their dedicated volunteers.
The Court proceeded to Item 18.A.
On motion by COMMISSIONER, PCT. 2, EDUARDO 'EDDIE' CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2, EDUARDO 'EDDIE' CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
1. Child Nutrition Services
2. Education Services
3. Family Services
4. Health/Mental Health Services
5. Human Resources
6. Special Services
7. Transition Services
8. Transportation 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 of items 1 - 8.
Vote: 5 - 0 - Unanimously
Ms. Flores stated the three (3) locations to be leased are Farias Elementary, Palacios Elementary and Longoria Elementary.
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. Presentation of Responses Received for the Purpose of Commissioners’ Court Accepting the Providers as “Qualified” in Order to Proceed to the Next Phase of the Procurement Process-Negotiating Contracts:
1. Nuestra Clinica Del Valle, Inc. (Medical and Dental Services)
2. Dr. Bose, Industrial & Family Medicine, PLLC, dba/Industrial Health Works
B. MENTAL HEALTH #2015-002-04-30
1. Amando Gonzalez
2. Anita Sandoval
3. Velma H. Schmidt
4. Maribel Corona
5. Valerie M. Aguero Olivarez
C. SPEECH INTERPRETING SERVICES RFQ#2015-003-04-30
1. Amy Jane Hermansen
2. Sign Language Interpreters, LLC/dba, A Sign Language Company
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 items E - C.
Vote: 5 - 0 - Unanimously
3. Approval for Head Start to Negotiate Contracts (in a form approved by Legal Counsel) for all Professional Service Providers as Requested through the Hidalgo County Head Start Program’s RFQ for said Services and as Detailed above Attached Hereto
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
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
The Court proceeded to Item 9.E.
- MOUs
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Agreement/Executed
- Memorandum of Understanding Executed
- Memorandum of Understanding Executed
- Memorandum of Understanding Executed
- Memorandum of Understanding Executed
- Memorandum of Understanding Executed
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
At this time, Commissioner Joe Flores stepped away from the meeting.
a. Citrus Village Subdivision- Pct. 4 (Laura Coffman) (Benito Ramirez Road & Cesar Chavez Road)
b. Los Osos Ph. 1Subdivision- Pct. 4 (William A. Schwarz) (North 83rd Road & Mile 17 ½ North Road)
c. Rio Vegas Ranches Subdivision- Pct. 4 (Richard A. Garza) (Cesar Chavez Road & Mile 17 North Road)
d. Vasquez Acres Subdivision- Pct. 4 (Enrique Vasquez) (Alberta Road & Tower Road)
e. San Jacinto Estates No. 9 Subdivision- Pct. 1 (Jacinto Garza) (Mile 12 ½ North Road & F.M. 88)
f. Las Delicias Ph. 2 Subdivision- Pct. 1 (Juan J. Lopez) (Mile 3 ½ West Road & Mile 12 North Road)
g. Las Comadres Acres Ph. III Subdivision- Pct. 3 (Carlos G. Leal Jr.) (Mile 7 North Road & Iowa Road)
h. PRB Alberta Acres Subdivision- Pct. 4 (Baldemar Garcia) (Alberta Road & Raul Longoria Road)
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 18.B.1.a - h.
Vote: 3 - 0 - Unanimously
2. Final Approval with Financial Guarantee
a. Terry Vegas Ranches Subdivision- Pct. 4 (Richard A. Garza) (Terry Road & Ramseyer Road)
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: 3 - 0 - Unanimously
3. Partial Reimbursement of Financial Guarantee
a. Mirage Ranches Subdivision – Pct. 4 (Richard A. Garza)
b. Flamingo Ranches Subdivision – Pct. 4 (Richard A. Garza)
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 18.B.3.a and b.
Vote: 3 - 0 - Unanimously
- Citrus Village Subdivision
- Los Osos Ph.1 Subdivision
- Rio Vegas Ranches Subdivision
- Vasquez Acres Subdivision
- San Jacinto Estates No. 9 Subdivision
- Las Delicias Ph. 2 Subdivision
- Las Comadres Acres Ph. 3 Subdivision
- PRB Alberta Acres Subdivision
- Terry Vegas Ranches Subdivision
- Mirage Ranches Subdivision
- Flamingo Ranches Subdivision
Approval and authorization to increase the current change fund by $100.00 (from $100.00 to $200.00) for the Sanitation Collection Permits in accordance with Texas Local Government Code 130.902.
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
The Court proceeded to Item 21.A.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
2. Approval of Interlocal Cooperation Agreement between Hidalgo County and The City of McAllen, Texas (Hoehn Dr. Subdivision)
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
3. In accordance with Texas Govt. Code 791.014, approval of proposed project with the City of McAllen, Texas and the County, through Pct. 4 to assist in that certain sanitary sewer project located in Hoehn Drive Subdivision
Commissioner Joseph Palacios commended Raul Sesin for designing the sewer line, McAllen PUB, and Urban County for the success of the project.
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
The Court proceeded to Item 15.A.
Approval of the Right of Way Acquisition Statement, Encroachment Statement and Relocation & Advisory Assistance Certification as it relates to TxDOT Project SH 364 (SH495-FM1924) project and for the County Judge to sign all required documentation.
Commissioner Joe Flores joined 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
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 of interdepartmental transfer for Urban County.
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
Approval of 2015 appropriation of funds from the R&B unreserved fund balance for CW Adm-Contingency in the amount of $37,928.00.
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: 4 - 0 - Unanimously
Approval of 2015 interfund transfer from Co Wide Adm - Contingency (1100) to Pct 4 Rd. Maint. (1200) in the amount of $63,546.00 for the purchase of equipment needed to assist with the recent flooding in the area.
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
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).
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 to award contract to E.A. Stone, Inc. dba Gulf Data Products.
Vote: 4 - 0 - Unanimously
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
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to award contract to Southern Star Transport, Ltd.
Vote: 4 - 0 - Unanimously
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. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional appraisal services (on an as needed basis) for Pct No.1
| Harvey L. Heerssen HLH Appraisal Services | David Nittler Appraisal & Consulting | George J. Salazar | |
| Scores | 76 | 78 | 82 |
| Ranking | 3 | 2 | 1 |
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. Authority for the Purchasing Department to negotiate a professional contract with the No. 1 ranked firm GEORGE J. SALAZAR for professional appraisal services ( on an as needed basis) for Pct No.1
Mr. Guerra advised that he and the contracts manager will do the negotiations for this project as done in the past due to Mr. Salazar being related to Ms. Marty Salazar.
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
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) Acceptance and approval of Interlocal Agreement Project: Improvements to 18th Street from Farm-to Market 1015 to South Airport Drive, South Airport Drive from 18th Street to Mile 5 1/2 North and Mile 5 1/2 North from South Airport Drive to Pleasantview Drive; 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. 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
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
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
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. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $ 1,229,660.00) as submitted by project engineer, L&G Engineering for engineering services for: "Job Specific" Project: FM 2220 (Environmental Assessment, Public Involvement and Schematic for the “Ware Road (FM 2220) (from FM 676 (Mile 5) to FM 1925” project for Hidalgo County Precinct No. 4, under agreement#C-15-136-06-02.
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
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. Authority to purchase a Hydraulic Side Arm Ditcher [for bar ditch clearing/maintenance purposes] through the County memberships/participation in any qualified cooperative purchasing program awarded vendor; OR, in the alternative,
NO ACTION taken on this Item.
C. Authority to advertise a sealed bid for the purchase of a bar ditch clearing/maintenance equipment for Hidalgo County Precinct #4 [with specifications drafted through both precinct and purchasing].
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
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
Ms. Salazar explained that this specific advertisement has its own commodity code, has been reviewed by legal counsel, and confirmed that they are well within the procurement coffer.
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
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 award contract to RREAL, LLC.
Vote: 4 - 0 - Unanimously
A. Final construction contract (CC previously approved to award on 03-31-15) in the amount of $444,735.88;
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. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee [_______________] to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18% or more without the consent of the contractor".
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 to designate Maria Lucio.
Vote: 4 - 0 - Unanimously
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
Commissioner Cuellar expressed his gratitude toward the Commissioners, Judge Garcia, Ricardo Saldana and Mario from Emergency Management, the City of McAllen, the City of Mission, and Cameron County for their assistance and cooperation Precinct 1 received in the brush clean-up efforts. He was happy to report that it went very well and they will continue throughout the week.
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. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
NO ACTION taken on Items 23.A - 23.E.
B. 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 24.A and B.
The Court returned to Item 15.D.
NO ACTION taken on this Item.
NO ACTION taken on this Item.
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 accept a settlement agreement as it pertains to CL-13-2016-D; Mario Herrera & Roxana Gonzalez v. Hidalgo County in the total amount of $50,000.
Vote: 3 - 0 - Unanimously
Mr. Guerra stated the settlement proceeds are from the County's insurance carrier.
Mr. Guerra informed the Court that if the settlement is accepted, a check in the amount of $4,000 will be in the name of Thomas Fonseca and Law Office of Bobby Garcia, PC and $15,000 in the name of Isidra Fonseca and Law Office of Bobby 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 in settlement of C-2643-11-C; Thomas Fonseca et al v. City of Weslaco and County of Hidalgo as it pertains to the County of Hidalgo in the total amount of $19,000.
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 for settlement authority to make an offer in the amount of $734.62.
Vote: 3 - 0 - Unanimously
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 2nd day of June, 2015
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 JUNE 2, 2015.
Signed this 2nd day of JUNE 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
