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Minutes for CC - REGULAR

SPECIAL MEETING - July 28, 2015

BE IT REMEMBERED, that on this 28th 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 28, 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 present Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Mr. Jaime Longoria led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

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

After rescinding the previous action on Item.10.F. the Court moved to approved the Consent Agenda for the exception of Item.11.F. to be pulled for discussion.
 
5.
 
Open Forum

Fern McClaugherty presented to the Court her concerns regarding the future Courthouse project. She also expressed her opinion in regards to the Regional Mobility Authority, she stated that this a concern to the people of the County. Moreover she requested that the Court set an specific schedule for all meetings.

Maria Gomez thanked the Court in regards to the meeting held at the office of Commissioner Cantu, in reference to the “Alumbrado Publico en las Colonias” project. She mentioned that they were grateful for considering the community request for a meeting to update the public. She also mentioned that now they are aware of the name change for the project, from PILOT PROGRAM to PHASE 1.
 
6.
 
County Judge's Office:
 
A.
AI-50595
Discussion and presentation by the Hidalgo County Regional Mobility Authority

Bobby Villarreal introduced Pilar Rodriguez and Randy Sweeeten from the Regional Mobility Authority. They gave a brief presentation in regards to several projects they are working on; one being the SH 365 Project that is divided into three different stages. The first stage is at 100% completion and will stretch from 1016 Conway Ave. to US 281 Including BSIF. The PS&E on SH 365 segments are 90% complete. Another one being the IBTC Project that is to interchange w/SH 365 at FM 3072 / Dicker Rd. to 1 – 2 and to FM 493. Furthermore, Mr. Sweeten tried to clear some of the issues concerning the liability of the County in regards to the RMA loans. After a detail discussion it was affirmed to the Court that Chapter 370 gives no general obligation to the County. In regards to the statement Commissioner Flores requested for Noe Hinojosa to advise them before proceeding with any action.

No Action taken on this Item.
Attachments:
 
7.
 
District Attorney's Office:
 
A.
AI-50597
DA Investigation HB65 (1223):
Approval of appropriation of funds for the DA's Investigation HB65 in the total amount of $467.75 to cover salaries and fringe benefits of positions created on 07/21/2015 (Ref: AI- 50514, 11.E).

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:
 
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-50573
County Wide Insurance (1100):
1. Approval to accept the quote for the renewal of accident insurance coverage for volunteers from Montalvo Insurance Agency (for the Coverage period: 6/5/15 to 1/1/16) and authorization for Executive Officer to sign documents as needed. If approved, Montalvo Insurance Agency will invoice the county at a later date the amount as quoted.

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. Approval of payment of invoice (when received) from Montalvo Insurance Agency in the amount of $287.50 for accident insurance coverage for volunteers with authority for County Treasurer to issue check after review and processing procedures are completed by the County Auditor.

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.
AI-50570
Health Department:
Approval of alarm permit application from the City of Pharr Police Department with authority for Executive Officer or authorized official to sign 

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
Attachments:
 
D.
AI-50606
Approval of Confidentiality Agreement between Burton, McCumber & Cortez, L.L.P. and the County of Hidalgo, by and through the Hidalgo County Health and Human Services

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

Vote: 5 - 0 - Unanimously
 
E.
AI-50618
Approval to authorize County Judge to sign Deed Without Warranty in connection with a tax resale property, A 2.94 acre tract of land out of Block 236, Hall-Fifield Tract, Hidalgo County, Texas, according to the map recorded in Volume 1, Page 53, Map Records in the Office of the County Clerk of Hidalgo County, Texas

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
 
F.
AI-50613
Acknowledgment of Personnel/Budget Memorandum to County Officials & Departments

Commissioner Flores stepped away from meeting.

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: 4 - 0 – Unanimously
Attachments:
 
9.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
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.
 
B.
 
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.
 
10.
 
Community Service Agency:
 
A.
AI-50593
Discussion, consideration and possible action to accept the one time funds Augmentation Opportunity in fiscal Year 2015

Mr. Longoria stated to the Court that the Corporation for National Community Service sent a one time augmentation grant in the amount of $3,000 and is requesting approval to accept.He also mentioned that this grant does not require any matching of funds.

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

Commissioner Flores joined the meeting.
Attachments:
 
11.
 
WIC - Norma Longoria:
 
A.
AI-50575
WIC:(1292):
1. Approval of Redistribution of Funding Notice FY 2015 from the Texas Department of State Health Services in the amount of $29,603 from the WIC Grant. 

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

Vote: 5 - 0 - Unanimously

2. Approval to deobligate $29,603.00 from WIC Adm (Prog 001).

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

3. Approval to appropriate $22,000.00 into the Peer Counselor Program (Prog 002) and $7,603.00 into the Registered Dietician Program (Prog 012).

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
 
12.
 
Planning Department - T.J. Arredondo:
 
A.
AI-50592
Mr. Raul Sesin presented on behalf of T.J. Arredondo

1. Preliminary Approval
a. Alondra La Blanca Subdivision – Pct. 4 (Taek Kim)
b. Pueblo De Palmas No. 17 Subdivision – Pct. 4 (J. Gary Frisby)
c. Sunset Valley Ph. 3 Subdivision – Pct. 1 (Eddie Sandoval)
d. TVM Properties Subdivision – Pct. 4 (Thomas Arce)
e. Carmona Subdivision – Pct. 1 (Irma Herrera)

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 on A- E.

Vote: 5 - 0 - Unanimously 

Court proceed to Item.12.A.3.

2. Reimbursement of Financial Guarantee
a. Ruiz Subdivision – Pct. 4

Mr. Sesin mentioned that the original amount of the cash deposit was of $10,500 and the reimbursement being requested is of $3,000 for the installation of two septic tanks.

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

Court proceeded to Item.13.A.1.

3. Appointment or Re-Appointment of Member for the Hidalgo County Subdivision Advisory Board
a. Lonnie Berry – Precinct No. 1
b. Ken Dejarnett – County Judge

4. Appointment or Re-Appointment of Member for the Hidalgo County Board of Building Line Adjustment
a. Lonnie Berry – Precinct No. 1
b. Ken Dejarnett – County Judge

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 Item.12.A.3. A- B. and 12.A.4.A- B.

Vote: 5 - 0 - Unanimously

Court proceed back to Item.12.A.2.
 
13.
 
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-50620
Pursuant to current lease agreement between Hidalgo County and Joe E. Garcia [under Article 1.2 Renewal/Termination] approval of mutual waiver of notice requirements by each party with official vacating/termination date of 07-31-15.

No Action taken on this Item.
Attachments:
 
2.
AI-50365
Approval and acceptance of the final negotiated "Contract"  including the Best and Final Offer  (BAFO) for RFQ 2015-118-05-06 - Arbitrage Calculation Services for Hidalgo County with the number one ranked respondent: Arbitrage Compliance Specialists, Inc.

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

Vote: 5 - 0 - Unanimously
 
3.
AI-50442
Presentation of bids received with recommendation to award to the responsible vendor submitting the lowest and best bid [as  detailed in tabulation sheet contained herein] and meeting all specifications and/or requirements including approval of contract for Request for Bid project titled: "RFB No: 2015-213-06-24-SGS-Welding Supplies and Other Misc. Items-Hidalgo 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: 5 - 0 - Unanimously
 
B.
 
Pct. 2
 
1.
AI-50602
A. Acceptance and approval of the construction contract documents for Hidalgo County Precinct No. 2: "Sioux Road Improvements (from I Road to 3,500 feet East of Raul Longoria Road)" (CC award action AI-50504, 07/21/15) to Texas Cordia Construction, LLC, in the total amount of $378,587.00, for Contract # C-15-209-07-21 reviewed and approved as to form by Legal Counsel.

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

 Vote: 5 - 0 - Unanimously

B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee (Armando Garza unless otherwise voiced by Commissioner) to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits'...The original contract price may not be decreased by 18% or more without the consent of the contractor.

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:
 
C.
 
Facilities Management:
 
1.
AI-50413
Presentation of low bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for general custodial services (only), through Request for Bids titled: Hidalgo County-"Custodial Services for HC Owned Buildings Commencing-Administration Building, fka, K-Mart in Edinburg-TX", project No.: 2015-106-06-24-SGS.

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

Vote: 5 - 0 - Unanimously
 
14.
 
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. 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
 
A.
 
Real Estate Acquisition

Commissioner Palacios did not returned from Executive Session.

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

No Action taken on this Item.
 
C.
AI-50586
Civil Action No. 7:15-cv-00304; Elizabeth Moore v. City of Mission, Texas and County of Hidalgo, Texas

No Action taken on this Item.
 
15.
 
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 Preston and Hendrickson for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
 
16.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

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

No Action taken on this Item.
 
C.
AI-50587
Civil Action No. 7:15-cv-00304; Elizabeth Moore v. City of Mission, Texas and County of Hidalgo, Texas

Refer back to Item.15.A. and 15.B

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
 
17.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No Action taken on this Item.
 
18.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

No Action taken on this Item.
 
19.
 
Adjourn

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
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 28th 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 28, 2015.

Signed this 28th 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