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Minutes for CC - REGULAR

SPECIAL MEETING - October 6, 2015

BE IT REMEMBERED, that on this 6th day of October 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
October 6, 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 for the exception of Commissioner Eduardo "Eddie" Cantu.
 
2.
 
Pledge of Allegiance

Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led everyone in prayer.
 
4.
 
Approval of Consent Agenda

The court moved to approved the Consent Agenda for the exceptions of Items. 2.A. and 3.A. to be pulled for discussion.
 
5.
 
Open Forum

Fern McClaugherty spoke about the different range in salaries within the county, she mentioned her support for an increase in salary for the law enforcement. She also spoke about the tax rate, property value and the members elected for that board.

Ricardo Contreras on behalf of District Clerk Laura Hinojosa cordially invited all members of the court and open public to their annual Red Mask event. There will be a procession at 6:00 p.m. starting at the East side of the Hidalgo County Courthouse, proceeding to Sacred Heart Church in Edinburg, TX.

Julia Sullivan announced the beginning of the annual Toy Drive; she mentioned that all the Head Start Centers will be participating in all of precinct one. Ms. Sullivan mentioned that last year precinct 1. Commissioner Flores contributed $4,000 for the toy drive. Commissioner Flores and Commissioner Palacios both volunteered to donate $4,000 towards the Toy Drive. She also thanked South Texas Literacy Coalition for all their contribution.
 
6.
 
County Judge's Office:
 
A.
AI-51660
Proclamation declaring October 2015 as National Breast Cancer Awareness Month in Hidalgo County

Commissioner Cantu joined the meeting.

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.7.A.
 
B.
AI-51637
Resolution in Support of Proposition No. 7; A Constitutional Amendment for Increased State Funding for Transportation.

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
 
C.
AI-51650
Approval of Memorandum of Understanding (MOU) among the County of Hidalgo, City of Edinburg, City of McAllen, City of Mission, City of Pharr, the University of Texas System, and the University of Texas Rio Grande Valley regarding the development of and funding for the University of Texas RGV School of Medicine

No Action taken on this Item.

Court proceeded to Item.8.A.
 
7.
 
District Attorney's Office:
 
A.
AI-51641
DA-Domestic Violence Specialty Grant:
Approval to accept the Domestic Violence Specialty/Violence Against Women Formula Grant, from the Office of the Governor's, in the amount of $75,081.90, effective 09/01/2015 thru 08/31/2016.

Ricardo Rodriguez, District Attorney, informed the court that with this new grant they have been able to obtained around $500,000 in grant money. The matching of that amount is about $100,000.

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 subject to funding.

 Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-51633
Title IV-E Legal Services (1100):
1. Approval of the revised forms for the Title IV-E Legal Services Grant Budget (Contract #23941008) for October 1, 2015 - September 30, 2016.
2. Approval for County Judge to sign required documents. 

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 on 1 and 2.

Vote: 5 - 0 -Unanimously

Court proceeded back to Item.6.B.
Attachments:
 
8.
 
Constables:
 
A.
AI-51584
Constable Pct.#4:
Discussion, consideration, and approval to appoint Alfonso Trevino Fuentes, Ivan R. Flores and Noel Cruz as a Reserve Deputy Constables by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.012

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
Attachments:
 
9.
 
Executive Officer:
 
A.
AI-51630
Approval of Amended and Restated Resolution for the nomination of candidate(s) for the 2016-2017 Appraisal District Board of Directors (nomination deadline is October 15, 2015)

Commissioner Palacios nominated Albert Cardenas. 

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.
AI-51616
Approval to accept check from Princeton Excess & Surplus Lines Inc. Co. in the amount of $317,896.42 for reimbursement of amount exceeding SIR in connection with the claim of Ezequiel C. Jurado.

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
 
10.
 
Health & Human Services Department:
 
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.
 
11.
 
Head Start Program:
 
A.
AI-51595
Appointment of One (1) Community Rep by Each Member of the Commissioners’ Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning in October - Pending Appointment Commissioner Joseph Palacios, Pct. 4

Commissioner Palacios appointed Mario Salinas, Assistant Superintendent at the Edinburg ISD. 

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

Vote: 5 - 0 - Unanimously
Attachments:
 
12.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-51651
1. Requesting approval of an Interlocal Cooperation Agreement (ICA) between the County of Hidalgo and the City of San Juan, concerning certain road improvements to Ridge Road from Stewart Road to Cesar Chavez Road.

2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the Interlocal Cooperation Agreement (ICA) project regarding certain road improvements to Ridge Road from Stewart Road to Cesar Chavez Road.

County auditor expressed his concerns over unspecified dollar amount for the project. Mr. Sergio Cruz mentioned that they were also waiting for a final decision from the precinct.

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 subject to funding on 1 and 2.

Vote: 5 - 0 - Unanimously
Attachments:
 
13.
 
Purchasing Department:
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.
 
County Judge's Office
 
1.
AI-51629
Presentation of the "sealed quotes" received for the purpose of award and approval of a short-term contract [expiring 12-31-15 but in no event to exceed $50K] to the responsible vendor submitting the lowest and best quote [while meeting specifications and/or requirements as attached hereto] for: Hidalgo County- Broadcasting of H.C. Commissioners' Court Meetings- RFSQ: 2015-308.

Ms. Salazar announced that meetings will be aired Thursday's at 9:00 p.m.

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-51608
A. Pursuant to Texas LGC, Chapters / Sections, 263.151(2)(B)(C)(D) and 263.152 (a)(2), action to declare three (3) Roll-Off Trucks, "Surplus" [detailed & described in the Exhibit attached herein] and approval to dispose of the units for the purpose of disposition as "Trade-Ins" toward the acquisition of new units.

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 

B. Requesting authority to purchase one (1) Roll-Off Truck & Accessories (as detailed on attached documentation) through TASB BuyBoard Awarded vendor Holt CAT Truck Centers under their current Contract 430-13 in the amount of $164,876.70 less Trade-In value of $62,000.00 for a final total of $102,876.70 through Requisition 285137.   

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.
 
Colonia Access Program Pct. 1
 
1.
AI-51654
Presentation for discussion, consideration, and action on a recommendation by project engineer LeFevre Engineering & Management Consulting, LLC to award to lowest bidder meeting all specifications: 2GS, LLC in the amount of $824,327.70 for Bid No. CAP-15-257-08-12-YSS “Road & Drainage Construction for Heidelberg Subdivision”.

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

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

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

No Action taken on this Item.
 
C.
AI-51644
C-4792-15-B; Leticia Trevino-Garcia v Hidalgo County CSCD and Hidalgo County

No Action taken on this Item.
 
D.
AI-51604
Claim of Norma Vela

No Action taken on this Item.
 
E.
AI-51622
Claim of Allstate

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 _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

No Action taken on 15.A and B.
 
16.
 
Open Session:

Commissioner Cantu did not returned from Executive 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-51645
C-4792-15-B; Leticia Trevino-Garcia v Hidalgo County CSCD and Hidalgo County

Mr. Guerra announced that for disclosure purposes the Attorney General's Office will be facilitating this case, additionally Josephine Ramirez's Office will be monitoring the case as well.
 
D.
AI-51605
Claim of Norma Vela

Mr. Guerra requested for settlement authority to make an offer in the amount of $554.57 

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-51623
Claim of Allstate

Mr. Guerra requested for settlement authority to make an offer in the amount of $17,151.48

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
 
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. 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 6th day of October, 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 October 6, 2015.

Signed this 6th day of OCTOBER 2015




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


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