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Minutes for CC - REGULAR

SPECIAL MEETING - June 2, 2015

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:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
June 2, 2015
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

Raul Sesin led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

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.
 
5.
 
Open Forum

The Court proceeded to item 13.C.
Attachments:
 
6.
 
County Judge's Office:
 
A.
AI-49918
Resolution in honor of Irma Pena for 35 years of service to the county's Head Start Program

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.
 
B.
AI-49920
Resolution in honor and support of the Edinburg High School Bobcats baseball team for their recent district and regional championships.

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.
Attachments:
 
C.
AI-49834
Discussion, consideration, and possible action on letter of support for the Hidalgo County Regional Mobility Authority SH 365 project.

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.
Attachments:
 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
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, 2, and 3.

The Court proceeded to Item 7.E.
 
B.
AI-49738
Presentation by Texas Gas Services for request for relief of Order Abandoning Rd. - Pct. 4

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.
 
C.
AI-49841
Presentation by Linebarger Goggan Blair & Sampson, LLP of delinquent tax collection report for the period of January 1, 2015 through March 31, 2015.

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.
Attachments:
 
D.
AI-49821
Discussion and possible action on the redemption, under Texas Tax Code § 34.21. et seq., of the property “struck off” to Hidalgo County, Trustee in Cause No. T-500-08-H.

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.
Attachments:
 
E.
AI-49814
Approval to accept settlement check from GEICO Insurance Company in the amount of $1,504.98 to settle auto accident claim with County vehicle. (Constable Precinct 2)

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
 
F.
AI-49792
Right of Way:
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
 
G.
AI-49943
Environmental Compliance:
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.
Attachments:
 
8.
 
Tax Office - Paul Villarreal:
 
A.
AI-49894
Discussion, consideration, and approval to execute an Interlocal Agreement between the County of Hidalgo and the City of Progreso for implementation of a new scofflaw procedure and process for vehicle registration denial services. 

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.
 
9.
 
Constables:
 
A.
AI-49802
Constable Pct. 1- Operation Stonegarden (1284):
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

Attachments:
 
B.
AI-49811
Constable Pct. 2- Operation Stonegarden (1284):
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

Attachments:
 
C.
AI-49818
Constable Pct. 3 - Operation Stonegarden (1284):
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

Attachments:
 
D.
AI-49833
Constable Pct. 3 STOP Truancy (1285):
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.
 
E.
AI-49807
Constable Pct. 4 - Operation Stonegarden (1284):
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.
Attachments:
 
10.
 
Sheriff's Office:
 
A.
AI-49816
Operation Stonegarden (1284):
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
Attachments:
 
B.
AI-49845
1. Consideration and approval of Interlocal Cooperation agreement between County of Moore and County of Hidalgo, Hidalgo County Sheriff's Office for the use of COPsync demo user package.

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
Attachments:
 
11.
 
Juvenile Probation - Buddy Silva:
 
A.
AI-49848
Juvenile Probation:
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
 
12.
 
Human Resources - Esther Cortez:
 
A.
AI-49817
Elections Department (1100):
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.
 
13.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-49874
Requesting approval to accept the Memorandum of Agreement between Hidalgo County and the University of Texas Health Science Center at San Antonio.  The aim of this Agreement is to establish an agreement for the exchange of information and for cooperative research between both institutions in the field of reportable communicable diseases.  
 

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-49928
1.  Requesting approval to accept the CPS/HAZARDS Public Health Emergency Preparedness grant contract amendment #2015-001134-02.  The purpose of this amendment is to end the CPS/HAZARDS grant contract effective 06/30/2015 and to reduce the grant contract amount from $567,198.00 to $504,182.00.  

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: 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.
 
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.

Commissioner Joe Flores stepped away from the meeting.
 
2.
AI-49800
A.  Discussion, consideration, and approval to drawn down funds for Demonstration Year 3 (FFY 2014) Advanced UC Payment from the Local Provider Participation fund in the amount up to $22,762,168.00 and general fund in the amount of $6,000,000.00.
 
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.
 
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.

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.
 
14.
 
IT Department - Renan Ramirez
 
A.
AI-49779
Authorization and approval for new wireless device service through the County's membership/participation with CONTRACT: DIR-SDD-1779 for VERIZON WIRELESS for the following:

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.

 
15.
 
Urban County - Diana Serna:
 
A.
AI-49940
1. Urban County Program is requesting a waiver of technicality on non-acknowledgement of Addendum No. 1 by the apparent low bidder as it is in the best interest of the County to do so.

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
 
B.
AI-49838
The Urban County Program is requesting the award of bids and approval of contracts with Quality Investments, G & G Contractors, A-One Insulation and Real Construction for the demolition and reconstruction of the following:

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.

 
C.
AI-49892
1. Requesting authority to eliminate item 5 (sludge dewatering facility) and item 6 (site gate) listed under Exhibit “B” (itemized bid form) for the City of La Villa Waste Water Improvements project.

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
Attachments:
 
D.
AI-49899
Approval of land acquisition of Tracts #1A and 1B for the Penitas Drain Project (GLO 12-406-000-6453/DRS 210068).

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.
Attachments:
 
E.
AI-49843
Request approval to declare and dispose of surplus property and clear inventory of missing property listed on Exhibit "A".

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
Attachments:
 
16.
 
TX. Agri-Life Extension Services:
 
A.
AI-49489
Presentation of the department's 2014 Volunteer Report by Andrea Valdez, County Coordinator

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.
Attachments:
 
17.
 
Head Start Program - Teresa Flores:
 
A.
AI-49764
Discussion/Approval of Program Calendar for Program Year 2015-2016
 

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

 
B.
AI-49765
Discussion/Approval to Disburse Lump Sum Summer Paychecks to Staff Who Resign as of the Last Summer Leave Day/Last Working Day for Position Assigned
 

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

 
C.
AI-49766
Discussion/Approval of the Following 2015-2016 Program Plans:
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

 
D.
AI-49767
Request to Enter into a One Year Interlocal Agreement for the Lease of Three (3) Premises between the Pharr-San Juan-Alamo Independent School District and Hidalgo County Head Start Program

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
 
E.
AI-49768
1. Requesting Exemption from Competitive Bidding Under the Texas Local Government Code 262.024 for Professional Services to Provide Medical and Dental Services, Mental Health Services, and Speech Interpreting Services

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: 
 
A. MEDICAL and DENTAL RFQ #2015-001-04-30
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
 
F.
AI-49791
Presentation for Discussion, Consideration and Approval to Enter into a Memorandum of Understanding (MOU) Between Hidalgo County Head Start Program and the Entities Listed on the Attached List

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.
 
18.
 
Planning Department - T.J. Arredondo:
 
A.
AI-49826
Disscusion and possible action to execute the LPA Standard Utility Agreement for SH 364(La Homa Road) with AEP Texas Central Company.

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.
 
B.
AI-49902
1. Preliminary Approval
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
 
19.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-49876
Sanitation (1100):
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.
Attachments:
 
20.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-49871
1.  Requesting approval to rescind action taken on ICA between Hidalgo County and City of Mcallen (Hoehn Dr. Subd.) previously approved on 5/5/15 for sanitary sewer project

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.
Attachments:
 
21.
 
Budget & Management - Sergio Cruz:
 
A.
AI-49854
TxDOT Precinct No.3:
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
Attachments:
 
B.
 
Budget Appropriations:
 
1.
AI-49825
A. Approval of rental payment from General Fund in the amount of $50,128.50 for lease of office space (427 E. Duranta Avenue, Suite 107, Alamo, TX 78516) for the Urban County Program for 6-months (July 1, 2015 thru December 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: 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
Attachments:
 
2.
AI-49877
R&B CW Adm (1200):
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

Attachments:
 
C.
 
Interfund transfers:
 
1.
AI-49868
Pct 4 Rd. Maint (1200):
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

Attachments:
 
22.
 
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-49839
Presentation of responsible vendor submitting the lowest and best bid [detailed in tabulation sheet contained herein] meeting all specifications/requirements for the purpose of award and approval of contract for: RFB titled: Hidalgo County-"General Printing Services & Related Supplies" through project No.: 2015-029-05-06-SMA.
 

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

 
B.
 
Pct. 1
 
1.
AI-49924
Authority with approval to purchase an RCT-350 Broce Broom Sweeper w/Water Tank from responsible vendor submitting the lowest and best requested/submitted sealed quotes [meeting specifications/requirements] to Nueces Power Equipment  in the amount of $45,000.00 [inasmuch as supporting documentation reflects no expenditures YTD under NIGP commodity code #765-77] with Project #2015-211-OGG.
 

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

 
2.
AI-49659
Presentation of responsible vendor submitting the lowest and best bid [detailed in tabulation sheet contained herein] meeting all specifications and/or requirements for the purpose of award and approval of contract for RFB titled: "Hauling Services for Millings" - Precinct 1.
 

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

 
3.
AI-49801
 A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional appraisal services.

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
Attachments:
 
4.
AI-49884
A) Acceptance and approval of an Interlocal Cooperation Agreement [ILA] between County of Hidalgo and City of Weslaco for the provision of joint efforts in connection with the improvements of Eighteenth [18th] Street from FM 1015 to South Airport and South Airport from 18th Street to Mile 5 1/2 North and Mile 5 1/2 North from South Airport Drive to Pleasantview Drive; and

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
 
C.
 
Pct 2
 
1.
AI-49921
Requesting authority to advertise with approval of RFB plans and specifications developed by  Raul Sesin, P.E., Hidalgo County Drainage District #1 for:  Hidalgo County Precinct No. 2 -"Sioux Road Improvements (from I Road to 3,500 Feet East of Raul Longoria Road)"-RFB No. 2015-209-06-24-MSS.
 

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

Vote: 4 - 0 - Unanimously

 
D.
 
Pct. 3
 
1.
AI-49916
Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $6,692.97) as submitted by project engineer, L&G Engineering for engineering services for "Construction Material Testing Services for Mile 9 1/2 Paving Improvements (from Conway Ave. to Trosper Rd.)" Project for Hidalgo Co. Pct 3 through Contract #C-14-357-10-28.
 

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

 
E.
 
Pct. 4
 
1.
AI-49873
A. Acceptance and approval to execute the final form of a Professional Engineering Agreement with L&G Consulting Engineers, Inc. d/b/a  L&G Engineering, 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, as (approved by CC for negotiations on CC 03/31/15);

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

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
 
2.
AI-49870
A.  Requesting authority to purchase one [1] KUB M9960HFC TRACTOR [more specifically described in supporting documentation attached herein] from Amigo Power Equipment through their awarded contract under GSA "Disaster Recovery Purchasing" category with contract #GS30F0018W in the amount of $37,696.00;

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: 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
 
3.
AI-49883
Action to exercise Hidalgo County's option to suspend AIA Contract No. C-13-072A-11-19 with Couric Enterprises, LLC dba Foremost Construction as stated in Section 14.3 under the AIA-201 General Conditions for "Hidalgo County Precinct No. 4 -Construction of a Community Resource Center in San Carlos" by providing/forwarding a written letter to architect of record Mata Garcia Architects, LLP, to proceed to notify contractor via formal letter citing contract section 14.3 Suspension by the Owner for convenience, effective after Pay Application No. 8 is approved by Commissioners' Court.
 

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

 
F.
 
Health & Human Services Dept.
 
1.
AI-49851
Requesting acceptance and approval of agreement between Hidalgo County Dept. of Health & Human Service and Entravision Communications Corporation, dba, KNVO-TV, to provide a series of advertisement information slots that pertain to Immunization Awareness.

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
 
G.
 
WIC
 
1.
AI-49823
 Presentation of responsible vendor submitting sole bid [detailed in tabulation sheet contained herein] meeting all specifications and/or requirements for the purpose of award and approval of contract for RFB No. 2015-132-05-20-HGO titled: "Lease of Office Space - Alton" - WIC.
 

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

 
H.
 
Colonia Access Program Pct. 4
 
1.
AI-49896
Acceptance and approval of the following for C-CAP-15-086-03-31 Rankin Subdivision between Hidalgo County and RDH Site and Concrete, LLC as submitted through project engineer DOS Logistics, Inc.:

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
 
I.
 
Sheriff's Office
 
1.
AI-49858
Approval and acceptance of the final negotiated agreement between Hidalgo County and The Geo Group Inc. [ranked CC 04-14-15) for services in connection with HC RFP #2015-098-03-25-YSS for Placement, Housing, Detention and Supervision of Hidalgo County Inmates.

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.
 
23.
 
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. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-49922
CL-13-2016-D; Mario Herrera & Roxana Gonzalez v. Hidalgo County
 
D.
AI-49786
C-2643-11-C; Thomas Fonseca et al v. City of Weslaco and County of Hidalgo
 
E.
AI-49812
Claim of Carina Ybet Esquivel

NO ACTION taken on Items 23.A - 23.E.
 
24.
 
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

B. 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.
 
25.
 
Open Session:

The Court returned to Item 15.D.
 
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-49923
CL-13-2016-D; Mario Herrera & Roxana Gonzalez v. 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 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.
 
D.
AI-49787
C-2643-11-C; Thomas Fonseca et al v. City of Weslaco and County of Hidalgo

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
 
E.
AI-49813
Claim of Carina Ybet Esquivel

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
 
26.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
27.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
28.
 
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

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 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