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Minutes for CC - REGULAR

SPECIAL MEETING - July 7, 2015

BE IT REMEMBERED, that on this 7th day of July 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
July 7, 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 in attendance.
 
2.
 
Pledge of Allegiance

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

Valde Guerra led the Court and Audience in Prayer. Judge Garcia requested a moment of silence in honor and memory of Charles Frederick McCaleb Jr, known as “Papa Fred” he was an outstanding citizen of Hidalgo County.

The Court proceeded to Item.8.D
 
4.
 
Approval of Consent Agenda

The Court moved to approved the Consent Agenda for the exception of Item. 10.A. to pulled for discussion.

The Court proceeded to Item. 10.A. on the Consent Agenda.

The Court moved to approved Item. 10.A. into Consent Agenda.
 
5.
 
Open Forum

Opal Billman reminded the Court about her disappointment regarding her divorce case which was not closed after the death of her husband. She stated that her community property was sold without any notice to her and that the estate of her late husband belongs to the four rightful heirs.

Commissioner Cuellar stepped away from the meeting.

Commissioner Cantu stepped away from the meeting.

Fern McClaugherty came in front of the Court to clarify her previous statement regarding Bobby Guerra creating a bill to terminate the Health Department District. She stated that instead Bobby Guerra had created a bill to terminate a section of the bill that would terminate the program in 2016. She also mentioned that Senator Hinojosa, had added a section to the same bill. All in all, she does not agree with the different changes to the Health Department District. Moreover she also mentioned the recent increase of property values and her disagreement of it. In addition she also proclaimed her position against the expansion of Taylor Rd.

Zareth Garcia, LUPE and ARISE organization, approached the Court to thanked the members who were able to attend the press conference in regards to “Alumbrado Publico en las Colonias.”

Commissioner Cuellar joined the meeting.

Commissioner Cantu joined the meeting.

Eduardo Estrada came forward in regards to the drainage problem and presented the Court a sample of the water that had been sitting around his neighborhood after the torrential rains.

Robert Lozoya approached the Court to communicate his disagreement regarding a future business opening next to his daughter’s property. He also explained that this business doesn’t belong in a residential area and that there is a petition against the establishment. Mr. Lozoya clarified that the road he was referring about was Minnesota Rd. between Raul Longoria and I Rd.

Dr. Adams approached the Court to express her frustration with the potholes between Sioux Rd. and Old la Blanca Rd. these potholes are of a concern due to the traffic coming into her yard in order to avoid the potholes. Dr. Adams, gave noticed to Pct.1 Commissioner Cuellar, for assuring her that he will be going to assess the road damage.

Commissioner Palacios stepped away from the meeting.

Commissioner Palacios joined the meeting.

Fedrick Martin addressed the Court regarding his concerns in consideration to the potential expansion of Taylor Road in Mission, TX. He stood firm against the expansion and declared that by doing so, it would affect the people that live in that area. He also made it clear that there would be more citizens present at the current Court meeting if it would have been at a different time.

The Court proceeded to Item. 4.
Attachments:
 
6.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-50100
Approval to select names for the 2015 Grievance Committee, pursuant to Texas Local Government Code Section 152.015.

Annette Muñiz, Chief Deputy, County Clerk Office, came in front of the Court in regards to the 2015 Grievance Committee selection. She noted that currently the elected officials serving on the board are the Sheriff, County Tax Assessor Collector, County Treasurer, County Clerk, District Clerk, County Attorney or Criminal District Attorney. She pointed out that the County Judge is the Chairman however; he is not entitle to vote.

The selected members of the public were as follow:
Linda Garza Elizondo (McAllen)
Nidea Elizondo (Edinburg) 
Maria Isabel Gomez (Alamo)

The following Alternates were:
 Ralph Garcia (McAllen)
Steven Cruz (Edinburg)
Maria N. Paz (Donna)
Jose Maicano (Pharr) 
Elsa Wittenburg (McAllen)

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

Vote: 5 - 0 - Unanimously
 
7.
 
Tax Office - Paul Villarreal:
 
A.
AI-50080
Presentation for discussion, consideration, acceptance and approval of Amendment One (Lease of State of Texas Registration and Title System (RTS) Information Resources and Support) to the agreement for the use of State of Texas Automation Equipment. The agreement between the County of Hidalgo and the State of Texas Registration and Title System amendment reflects six (6) additional systems. Four (4) RTS systems will be placed with the one (1) system approved under the Fair share program at the new office located in Elsa, TX. Two (2) systems will be placed at our Edinburg office to handle the increase in verifications of inspections resulting from the One sticker program.

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
 
8.
 
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 Item. 8.A. 1 - 3.
 
B.
AI-50349
National Association of Counties:
Approval to appoint Ramon Garcia, County Judge as voting delegate and appoint Larry Gallardo, Constable Pct. 3 as an alternate to NACO

Mr. Guerra reminded the Court that there will be a seminar coming up and together with that a delegation vote therefore, he requested from the Court that Judge Garcia be appointed as the voting delegate and appoint Pct.3 Constable, Larry Gallardo as alternate. Constable Gallardo, already serves under the TACT board.

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

 Vote: 5 - 0 - Unanimously

The Court proceeded to Item. 8.E.
Attachments:
 
C.
AI-50345
Discussion of county services to include but not limited to Tax Collection/Vehicle Registration Services in the City of McAllen

Mr. Guerra and the Commissioners discussed several buildings that could work for a new location in order to serve as a Tax Collection/Vehicle Registration Service. Tax Assessor, Paul Villarreal expressed his concerns regarding the amount of personnel that he is able to provide to the different locations. Mr. Villarreal added that his main worriment is the workload and the amount of personnel, explaining that both of these are not equal. Commissioner Cantu drew attention to the real problem which would be to try the possibility of moving personnel into the locations that really need help and also provide a new location in McAllen.

No Action taken on Item. 8.C.

The Court proceeded to Item. 9.A.
 
D.
AI-50352
Discussion, consideration, and possible action regarding automated assignment of cases filed in JP Courts.

Precinct 2, Justice of the Peace Judge, Jaime “Jerry” Munoz, came in front of the Court to propose a possible action regarding the possibility of having automated assignment of case files being share between Justice Courts. Judge Munoz stated that by going through the automatic assignment of files, Justice of the Peace Courts would have an even amount of cases among them. He reminded the Court that this automatic system is already in placed for all other courts except the Justice Courts. Additionally having asked and received clearance from Hidalgo County District Attorney’s Office, to be able to transfer files from other Justice Courts. He added that transferring files is nothing new in Hidalgo County therefore, Justice Courts should be able to transfer files among them in order to have an even case load between them.  

Bobby Contreras, Justice of the Peace, Pct. 2 Place.1 approached the Court members in regards to Justice of the Peace Judge, Jaime “Jerry” Munoz proposal of having an automated assignment of cases file in the Justice Courts. He agreed that by having an automated assignment of cases this would bring an even amount of work among the JP Courts. He also stated that he is open to any other suggestions from the Court and other Justice Courts.

Renan Ramirez, confirmed to the Court that they are ready to satisfied the request and would only need to figure out a timeline, logistics and what cases might apply to the new changes. He also stated that either way they are in the process to change the Criminal Justice System in about a month. Additionally he confirmed that they have the proper resources in place for this new change. What is more, he and Mr. Guerra confirmed that they will be addressing the disparity of the uneven DPS citations under the Justice Courts.

No action taken on this Item.

The Court moved to Open Forum.
 
E.
AI-50283
Environmental Compliance:
Requesting signature of County Judge Garcia on Voluntary Revocation of Permit form for municipal solid waste permit no. 2102 for a solid waste processing site on Davis Road in Precinct No. 4. Facility has been inactive since 2000 and the form will complete state closure requirements for facility.  

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

Vote: 5 - 0 - Unanimously
Attachments:
 
F.
AI-50315
Environmental Compliance:
Requesting authorization for County Judge to sign Notices of Intent and Core Data Forms for county citizen collection stations as required under Chapter 30 of the Texas Administrative Code Subchapter 330.

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

Vote: 5 - 0 - Unanimously
Attachments:
 
G.
AI-50340
Discussion, approval and authorization for County Judge to sign Earnest Money Contract and all Closing Documents including but not limited to acceptance of Drainage District Easements and Construction Easements 

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

Vote: 5 - 0 - Unanimously
 
H.
AI-50266
Approval to accept settlement check from Fred Loya Insurance Company in the amount of $880.00 to settle auto accident with County vehicle. (Safety Division)

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

Vote: 5 - 0 - Unanimously

The Court proceeded to Item. 8.C.
 
9.
 
Human Resources - Esther Cortez:
 
A.
AI-50322
Community Service Agency:
1. Requesting waiver of Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval of the following personnel actions, effective next pay period of 07/13/2015:
 
Action Slot# Position Title Current/Proposed
Budgeted Salary
Delete 0002 Program Specialist $64,917.00
Create 0043 Manager, Administrative Operations $62,000.00

3. 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. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on 1 - 3.

Vote: 5 - 0 - Unanimously
 
B.
AI-50284
Pct. 2 Sanitation (1100)/Pct. 2 Road Maintenance (1200):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Approval of the following personnel actions, effective next full pay period 07/13/15:
Action Dept/
Program
Slot No. Current Position
Title
Current Budgeted Salary Proposed Position Title Proposed Budgeted Salary  Total Adjustment   
Delete 122-001
Sanitation
0003 Attendant III $28,247.00 - - ($28,247.00)
Reclassify 122-001
Sanitation
0002 Heavy Equip. Operator I $29,207.00 Heavy Equip. Operator II $34,589.00 $5,382.00
Reclassify 122-001
Sanitation
0010 Heavy Equip. Operator I $27,341.00 Heavy Equip. Operator II $34,589.00 $7,248.00
Reclassify 122-001
Sanitation
0016 Maintenance I $23,384.00 Maintenance II $25,426.00 $2,042.00
Reclassify 122-001
Sanitation
0019 Maintenance Worker I $23,015.00 Maintenance II $25,426.00 $2,411.00
Salary
Adjustment 
122-001
Sanitation
0007 Truck Driver II $27,826.00 Truck Driver II $32,029.00 $4,203.00
Salary
Adjustment 
122-001
 Sanitation  
0008 Truck Driver II $27,443.00 Truck Driver II $32,029.00 $4,586.00
Reclassify 122-006
Rd Maint
0014 Mechanic III $35,785.00 Mechanic IV $43,574.00 $7,789.00
Reclassify 122-006
Rd Maint
0016 Heavy Equip. Operator II $31,296.00 Heavy Equip.
Operator III
$40,347.00 $9,051.00
Reclassify 122-006
Rd Maint
0026 Truck Driver I $28,399.00 Truck Driver II $32,029.00 $3,630.00
Reclassify 122-006
Rd Maint
0035 Maintenance II $25,960.00 Maintenance III $29,656.00 $3,696.00
Reclassify 122-006
Rd Maint
0037 Traffic Safety Spec. I $25,086.00 Traffic Safety Spec. III $32,029.00 $6,943.00
Reclassify 122-006
Rd Maint
0040 Maintenance I $24,038.00 Maintenance III $29,656.00 $5,618.00
Reclassify 122-006
Rd Maint
0065 Heavy Equip.
Operator I
$25,091.00 Heavy Equip.
Operator II
$34,589.00 $9,498.00
Salary Adjustment 122-006
Rd Maint
0012 Heavy Equip. 
Operator III
$35,710.00 Heavy Equip. Operator III $40,347.00  $4,637.00 
Salary Adjustment 122-006
Rd Maint
0024 Truck Driver III  $29,391.00  Truck Driver III  $34,589.00  $5,198.00
Salary Adjustment 122-006
Rd Maint
0028 Truck Driver II $27,826.00 Truck Driver II $32,029.00 $4,203.00
Salary Adjustment 122-006
Rd Maint
0029 Truck Driver II   $27,826.00 Truck Driver II   $32,029.00 $4,203.00 
Salary Adjustment 122-006
Rd Maint
0064 Heavy Equip Operator I $25,091.00 Heavy Equip Operator I $29,656.00 $4,565.00

3. Approval of intra/interdepartmental transfer(s).
4. Approval to revise the salary schedules in accordance with Commissioners Court Action.

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 on 1 - 4.
                           
Vote: 5 - 0 - Unanimously
Attachments:
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-50293
Requesting approval for Hidalgo County Health & Human Services Department to participate in the Texas Revenue Generation Learning Collaborative sponsored by the Texas Department of State Health Services.  The purpose of the project is to improve local health department systems for revenue generation.

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

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-50276
Requesting approval to submit grant application for the DSHS Community Preparedness One-Time funding opportunity in the amount of $77,344.00.  

10 % cash max has already been budget for. 

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

Vote: 5 - 0 - Unanimously
Attachments:
 
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.
 
2.
AI-50263
A. Discussion, consideration and approval to drawdown funds for Demonstration Year 2 & 3 DSRIP in the amount of $9,699,734.21 and DY 4 DSRIP Monitoring in the amount of $82,296.71 from the Local Provider Participation Fund (HHSC requires that two separate transactions be submitted into TEXNET no later than July 7th with a Settlement date of July 8th).

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

Vote: 5 - 0 - Unanimously

B. Approval of Certification of Revenues as certified by the County Auditor from the Local Provider Participation Fund in the amount of $9,782,030.92.

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

 Vote: 5 - 0 - Unanimously

C. Approval of 2015 Appropriation of funds from the Local Provider Participation Fund in the amount of $9,782,030.92 for Demonstration Year 2 & 3 DSRIP and DY 4 DSRIP Monitoring.  

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
 
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.
 
11.
 
Community Service Agency:
 
A.
AI-50318
1.  Discussion, consideration and possible action to accept the Neighbor to Neighbor Program Agreement for Electric Home Energy Assistance.
2.  Authorization for County Judge to sign appropriate documents.

This agreement is with six different electric companies that provide up to $80,000.00 a year to help the lower income residents of Hidalgo County. 

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

Vote: 5 - 0 - Unanimously
Attachments:
 
12.
 
Urban County - Diana Serna:
 
A.
AI-50187
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 28 (2015) effective July 7, 2015 - May 31, 2016. (See attached Agreement)
 
Nuestra Clinica Del Valle                                              $ 36,000
Open Hands                                                                $ 17,500
Proyecto Azteca                                                          $ 10,000

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-50188
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 28 (2015) effective July 7, 2015- May 31, 2016. (See attached Agreement)
 
Arise South Tower                                         $ 10,000 Boys & Girls Club of Pharr             $ 20,000
Boys & Girls Club of Alamo/ San Juan            $ 61, 500 Boys & Girls Club of Mission          $ 41, 400
Boys & Girls Club of Edinburg                        $ 53,000 Girl Scouts of Greater South Texas $ 11, 250

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-50189
 The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 28 (2015) effective July 7, 2015- May 31, 2016. (See attached Agreement)

Commissioner Palacios stepped away from the meeting.

 
Amigos Del Valle             $ 36,400 Children's Advocacy Center                    $ 82,500
C.A.M.P University          $ 16,500 Easter Seals                                         $ 8,000
CASA of Hidalgo             $ 48,500 Food Bank of RGV                                $ 42,426

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
Attachments:
 
D.
AI-50185
 The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 28 (2015) effective July 7, 2015- May 31, 2016. (See attached Agreement)
 
Hope Family Health Center                  $ 21,500 Rio Grande Valley Literacy Center           $ 16,000      
La Union Del Pueblo Entero (LUPE)     $ 35,303 Senior Community Outreach Services      $ 45,500
Women Together Foundation, Inc.       $ 41,400 LRGVDC Valley Metro Transportation      $ 88,500

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.
AI-50329
The Urban County Program requests approval of the Emergency Solutions Grants Program Sub-Recipient Agreements for Program Year 28 (2015). See attached Agreements
 
Sub-Recipient Agency Total Contract Amount
1. Catholic Charities of the Rio Grande Valley $ 209,484.05
2. Women Together Foundation, Inc. $ 179,075.07
3. The Salvation Army $ 236,514.25
Total:  $ 625,073.37

Commissioner Palacios joined the meeting.

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
 
F.
AI-50327
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a) (4) for Professional Engineering Services;

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

 Vote: 5 - 0 - Unanimously
 
2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) Professional Engineering Services firms from the County’s approved “pool” as graded and evaluated by Precinct No. 3, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-000-6453/DRS210068 Penitas Drain project.
Engineering Services Grade Ranked
 
Engineering Services Grade Ranked
L&G Engineering 95.33 1
Raba Kistner Consultants 89.00 2
Terracon 85.00 3

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of L&G Engineering for the provision of Environmental Engineering Services for the Precinct No.3 – Penitas Drain Project.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
Attachments:
 
13.
 
Precinct #3 - Comm. Flores:
 
A.
AI-50336
1. Requesting approval of an Interlocal Cooperation Agreement (ICA) between the County of Hidalgo, City of Mission and City of McAllen in connection with certain Phase II improvements to Taylor Road (from US83 Expressway North to Mile 2 N)

 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 

2. In accordance with Section 791.010 of the Texas Government Code, requesting approval of the Interlocal Cooperation Agreement project with certain Phase II improvements to Taylor Road (from US83 Expressway North to Mile 2 N)
 
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
 
14.
 
Budget & Management - Sergio Cruz:
 
A.
 
Budget Appropriations:
 
1.
AI-50244
Co. Clerk's Record Mgmt (1237):
Approval of 2015 unappropriation of funds in the amount of $408,777.40.

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: 5 - 0 - Unanimously
Attachments:
 
2.
AI-50245
Co. Clerk's Record Archive (1100):
Approval of 2015 appropriation of funds in the amount of $333,500.00 to fund the Restoration and Preservation of Hidalgo County Clerk's Historical Record books Project.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
Attachments:
 
15.
 
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-50279
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

B. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County’s approved “pool” in connection with professional engineering services required for Projects (on an as needed basis) for "On Call Services-MPO and HCRMA , Traffic Studies County Wide Projects.
 
  L&G ENGINEERING HALFF & ASSOC. DOS LOGISTICS DANNENBAUM ENGINEERING TEDSI INFRASTRUCTURE JAVIER
HINOJOSA ENGINEERING
EVALUATOR 1 80 79 81 82 80 70
EVALUATOR 2 98 96 94 97 95 95
EVALUATOR 3 99 93 92 91 91 90
EVALUATOR 4 97 96 95 95 95 93
EVALUATOR 5  87 83 76  83 82 76
AVERAGE  92.2 89.4 87.6 89.6 88.6 84.8
RANKING 1 2 3 4 5 6

C. Authority for the Purchasing Department to negotiate a professional services contract with No. 1 ranked firm of L&G Engineering for the provision of "On call -Project - MPO and HCRMA, Traffic Studies" County Wide Projects.

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 subject to pending on final agreement, on two separate contracts for the HCRMA.
                           
Vote: 5 - 0 - Unanimously
Attachments:
 
2.
AI-50296
A.  Requesting authority to advertise and approve to auction Abandoned and Unclaimed Items on Auction List #36 as set forth under Texas Code of Criminal Procedure Article 18.17, as detailed on Exhibit "A" attached hereto;

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: 5 - 0 - Unanimously

B.  Requesting authority to advertise for Abandoned and Unclaimed Items [State of Texas Dept.] as forth under Texas Code of Criminal Procedure Article 18.17 and as noted on Exhibit "B" 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
 
3.
AI-50103
Approval for Hidalgo County  [all elected offices, departments, programs and/or agencies thru all funding sources] to utilize PEPPM NATIONAL COOPERATIVE'S Contract Awarded Vendors [on an as needed basis] with the purpose of participating in the cooperative's purchasing services as an additional procurement resource with no membership fees, inter-local or resolution required by the cooperative [PEPPM].

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
Attachments:
 
4.
AI-50280
Approval to execute "Letter(s) of Authorization" (see sample attached herein) for the purposes of including as Exhibit for upcoming procurement of a "New Electric Energy Provider" for Hidalgo County.

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: 5 - 0 - Unanimously
Attachments:
 
B.
 
Pct. 1
 
1.
AI-50313
Approval of Work Authorization No. 6 in connection to Contract# C-14-309-09-09 with Millennium Engineers Group, Inc. in the amount of $8,818.00 through assigned requisition# 279811 for the provision of "Construction Materials Testing Services" for the 18th Street (Airport Drive to FM 1015) Improvements project.

Correction: Work Authorization No.6 to No.4

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

 Vote: 5 - 0 - Unanimously
 
2.
AI-50277
Requesting approval of a professional appraisal services agreement with George Jaime Salazar, II d/b/a Appraisal Haus for the purposes of "appraisal services" for: The Fair Market Value Appraisals in connection with the Acquisition of Land, Rights of Way, Easements, Condemnations and Disposition of County owned Properties located within Hidalgo County Precinct One (on an as needed basis) and as approved for negotiations by CC from the "POOL" of Appraisers on 06/02/15.

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
 
C.
 
Pct. 2
 
1.
AI-50331
Requesting acceptance and approval of Work Authorization No. 3 (with an estimated cost of $25,985.16) as submitted by L&G Engineering, Contract No. C-15-125-04-14, to provide geotechnical field, laboratory, and engineering analysis of Hidalgo County Pct 2 Boys & Girls Club & Aquatics Park Projects.

Commissioner Flores stepped away from the meeting.

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

Vote: 4 - 0 - Unanimously
 
2.
AI-50330
A.  Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $35,011.16) as submitted by project engineer L&G Engineering for engineering services for "a Feasibility Study on the Boys & Girls Club and Aquatics Park/Natatorium"located within Hidalgo County Precinct 2 through Contract No. C-15-097-03-17.

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.  Requesting approval to utilize a subconsultant for Work Auth #2.

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

Marty Salazar indicated to Mr. Eufracio that this would be for the "Feasibility Study on the Structure Only".
 
D.
 
WIC
 
1.
AI-50260
Pursuant to the specifications, presenting a request by Lessor (with concurrence & recommendation from Ms. Norma Longoria, Director of HC-WIC Program) to Amend the newly executed Lease Agreement between RREAL, LLC to reflect the following provisions:
1.  Extension of the  commencement date of lease from July 1, 2015 to August 1, 2015 [for the occupancy of the building]; and,
2.  The expiration date from July 31, 2018 to September 30, 2018 so as to coincide with the funding/fiscal year of the HC-WIC Program.

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
 
E.
 
Co. Wide
 
1.
AI-50281
Acceptance and approval of the final negotiated services agreement with vendor, Linebarger Goggan Blair & Sampson, LLP  for the provision of "Legal Services-Collection of (Delinquent) Court Fees, Fines and Related Court Costs-Phases I & II Hidalgo County" through project #RFP No. 2015-041-MEG.

Commissioner Cantu 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.

Vote: 3 - 0 – Unanimously
 
16.
 
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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 – Unanimously
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-50287
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
D.
AI-50267
Claim of Magic Valley Electric Cooperative, Inc.
 
E.
AI-50269
Claim of Domingo Sierra & Maria Silvia Sierra

No Action taken on Item. 16.A - E.
 
17.
 
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 Item. 17.A - B.
 
18.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Commissioner Flores joined the meeting.

Commissioner Cantu joined the meeting.

No Action taken on this Item.
 
B.
 
Pending and/or potential litigation

No Action taken on this Item.
 
C.
AI-50288
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County

No Action taken on this Item.
 
D.
AI-50268
Claim of Magic Valley Electric Cooperative, Inc.

Mr. Guerra asked for settlement authority to make an offer in the amount of $ 2,005.70 

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

Vote: 5 - 0 - Unanimously
 
E.
AI-50270
Claim of Domingo Sierra & Maria Silvia Sierra

Mr. Guerra asked for settlement authority to make an offer in the amount of $ 33,000 from the insurance carrier.

To be divided into two checks, First check in the amount of $ 17,500 for Domingo Sierra, Maria Silvia Sierra and the Macias Law Firm.
Second check in the amount of $ 15,500 for Maria Silva Sierra, Domingo Sierra, and the Macias Law Firm. 

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

Vote: 5 - 0 - Unanimously
 
19.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

Commissioner Palcios did not returned from Executive Session.

At this time the Court proceeded to the ADDENDUM.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
20.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

Mr. Guerra's statement regarding the ADDENDUM was uncertain due to the audio.
 
21.
 
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: 4 - 0 - Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 7th day of July, 2015

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


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on JULY 7, 2015.

Signed this 7th day of JULY 2015




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


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