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Minutes for CC - REGULAR

SPECIAL MEETING - November 10, 2015

BE IT REMEMBERED, that on this 10th day of November 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
November 10, 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 courtroom in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the courtroom in Prayer.

Court proceeded to Item.6.A.
 
4.
 
Approval of Consent Agenda

The court moved to approved the Consent Agenda.
 
5.
 
Open Forum

Commissioner Cuellar stepped away from the meeting.

Fern McClaugherty spoke about her concerns in regards to the money the county could eventually provide for the fire department project.

Commissioner Palacios address her issues explaining that the City of Edinburg has been a part of several of the county’s projects and now they are planning on building a fire station that will directly service the city and the county as well, the money would come from cooperative projects.

Commissioner Cuellar joined the meeting.

Opal Billman persisted on the unfair division and treatment of herself and her community property. She stated that she has the right to appeal the unfair declaration and division of her property, claiming that a judge declared her property as no value but granted the land to state initiated corporations.

Commissioners Cuellar and Flores stepped away from the meeting.

Rosie Tijerina member of LUPE came to remarked her gratitude in regards to the approval of public lighting in the colonias. She mentioned that her colonia is one of the lucky ones to have been chosen for the pilot program. They also presented the application with the 75% signature enclosure.

Steven Cruz, Director of Operations for precinct 4, introduced to the court a new Work Order Program they have developed with the intention of reducing the amount of illegal dumping in the precinct 4 areas. Constable Gaitan also noted the amount of illegal dumping people do, mentioning there is a citation for the illegal dumping. Commissioner Palacios added that citizens can call 956-383-3112 to report any illegal dumping.

Jesse Ozuna commented on the significant meeting he attended for the discussion of the Policy Advisor meeting in connection the House Bill 1295.The bill was part of the Governor’s agenda in reference to Texas Ethic Commission, come January 1, 2016 the Texas Ethic Commission will have to required any vendors working with the county to submit forms explaining who has stakes in that particular business. This will be done for all the contracts that are over a $ 1 million and requires Commissioners Court action. He explained that due to this new requirement they are afraid they might lose vendors and prices will go up. The commission will be holding a meeting set for November 30, 2015 and they encourage everyone to submit any questions and concerns.

Commissioner Cuellar joined the meeting.

Hortencia Medina from ARISE, came to thanked Commissioner Cuellar for helping with the cleaning program in the Frontera subdivision. A second neighbor also thanked the commissioner for the work being done at the colonia.

Josue Lopez member of LUCHA and ARISE, commented on the meeting coming up in regards to flooding issues among other concerns.

Court proceeded to Item.6.D.
 
6.
 
County Judge's Office:
 
A.
AI-52030
Presentation of House Resolution to Kevin Oaks by Texas House Representative Terry Canales

No action taken on this item.
 
B.
AI-52180
Resolution in Honor of Retired CBP Rio Grande Valley Sector Chief Patrol Agent Kevin Oaks

No action taken on this item.
 
C.
AI-52029
Presentation of House Resolution to David P. Higgerson by Texas House Representative Terry Canales

Texas House Representative Terry Caneles delivered a resolution to Mr. David P. Higgerson, director of field operations in the Laredo Field Office of Customs and Border Protection.

Mr. Higgerson sincerely accepted the resolution in his honor and gave credit to all the other agents working along his side.

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

Commissioner Palacios stepped away from the meeting.

Court proceeded to Item.7.A.
Attachments:
 
D.
AI-52127
Proclamation declaring Thursday, Nov. 19, 2015 as the Great American Smoke-Out Day in Hidalgo County. 

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
 
E.
AI-52175
Proclamation Declaring November 2015 as National Hospice and Palliative Care Month

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

Court proceeded to Item.16.A.
Attachments:
 
7.
 
District Attorney's Office:
 
A.
AI-51889
DA-Border Prosecution Unit Grant (BPU) (1281): 

Commissioner Cantu stepped away from the meeting and Commissioner Palacios joined.

1. Approval to accept the Border Prosecution Unit Grant in the amount of $355,000.00, effective 09/01/2015 through 08/31/2016.

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

2. Approval of certification of revenues as certified by the County Auditor for the FY 2016 Border Prosecution Unit grant funds.

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

3. Approval to appropriate the FY 2016 Border Prosecution Unit grant funds.

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

4. Approval to appropriate HB65 funds.

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

5. Approval to create the following position:
Slot# Dept/Program Position Title Proposed Salary/Allowance
G005 080-012
Assistant District Attorney III
 
$79,469.45
A140 080-007 $900.00

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: 5 - 0 - Unanimously

Mr. Eufracio contested item.5 explaining that it had not been signed by the Human Resources director. Due to his concern Mr. Guerra requested to address this issue under item.11.A.

Court proceeded to Item.11.A.

 6. Approval to revise the salary schedule in accordance with Commissioners Court approval.

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

Mr. Rodriguez explained that there is no matching required by the county for the new prosecutor position. The prosecutor will be located in Weslaco and will foresee the gang related issues.
 
B.
AI-52057
DA -Federal Sharing-U.S. Department of Justice (1256)
Appropriation of funds in the amount of $15,000.00 to fund the purchase of equipment for law enforcement personnel.

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

Court proceeded to Item.23.A.
Attachments:
 
8.
 
Juvenile Probation:
 
A.
AI-52084
Requesting approval to process payment as a claim for the following, with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor:
Vendor Invoice # Dates Amount
Gloria Flores Interpreting Services 093015 9/14/15 & 10/02/15 $200.00

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: 5 - 0 - Unanimously
Attachments:
 
9.
 
Constables:
 
A.
AI-52120
 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 II in the total amount of $57,973.88.

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
 
10.
 
Sheriff's Office:
 
A.
AI-52163
Pursuant to Hidalgo County Cellular Telephone Policy (Verizon Wireless, DIR-SDD-1779), presentation for consideration, acceptance and approval of Cellular Phone Request form (Data Link Card Request) for the following: Approval for requisition # 287266 for 8 Data Link Hosted Access for skytower modems ($37.99 per month)

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.
AI-52128
Sheriff's Department-ICE Overtime (1284):
1. Approval to accept overtime funding from the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE)FY 2016 in the amount of $15,000.00.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 

2. Authorization to pay overtime reimbursable under the grant terms and conditions. 

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

3. Approval of certification of revenues, as certified by County Auditor, for ICE overtime funding.

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 

4. Approval of appropriation of funds in the amount of $15,000.00.

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:
 
C.
AI-52076
1. Authorization to accept the Approval Notice in reference to Operation Stonegarden FY 2014 (2nd phase) for the amount of $1,567,593.27.

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

2. Authorization to pay Overtime reimbursable under the grant terms and conditions.

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 

3. Approval of Certification of Revenues as certified by the County Auditor for the FY 2014 Operation Stonegarden Grant (2nd phase).

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

4. Approval to appropriate the budget for Sheriff's Office portion of the FY 2014 Operation Stonegarden Grant (2nd Phase) in the amount of $672,110.20.

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

5. Approval to appropriate the budgets for the (13) thirteen cities' portion of the FY 2014 Operation Stonegarden Grant (2nd phase) in the amount of $708,045.55.
 
  City of 2nd Phase
1  Alamo  27,081.88
2  Donna 29,959.23
3  Edinburg 100,071.41
4  Hidalgo 93,827.49
5  La Joya 28,250.00
6  Mercedes 42,083.60
7  Mission 92,807.49
8  Palmview 40,500.00
9  Penitas 33,807.05
10  Pharr 89,760.00
11  San Juan 37,292.40
12  Sullivan City 30,105.00
13  Weslaco 62,500.00
  Total 708,045.55


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
 
D.
AI-52086
Sheriff's Office - OCDETF (1284)
1. Approval of Organized Crime Drug Enforcement Task Forces (OCDETF) Agreement between the Hidalgo County Sheriff's Office and the Drug Enforcement Administration McAllen District Office/Houston Division Office OCDETF Strike Force Group D-81.

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

2. Approval of Certification of Revenues as certified by the County Auditor for the OCDETF Grant Contract.

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

3. Approval to appropriate OCDETF Grant Award in the amount of $15,800.00(in reference to Investigation Number SW-TXS-1006).

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
 
E.
AI-51945
1. Approval of Memorandum of Understanding for Shooting Range Use/Training between the Hidalgo County Sheriff's Office and
a. Federal Bureau of Investigation
b. U.S. Probation Office

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 A and B.
                               
Vote: 5 - 0 - Unanimously

2. Authorization for County Judge, as authorized official, and County Sheriff to sign both documents.

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
 
F.
AI-51990
Authorization and approval to submit a State Administrative Agency Extension Request Form in reference to Operation Stonegarden FY 2014 and authorization for County Judge, as authorized official, to sign required document.

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:
 
G.
AI-52028
1. Approval to appropriate monies received from the sale of weapons in the amount of $18,575 into the Sheriff's Office budget.

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

2. Approval of Certification of Revenues by the County Auditor for the amount of $18,575.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval subject to auditor's review and certification.

Vote: 5 - 0 -Unanimously 

3. Approval of budget appropriation for $18,575 in the Sheriff's Office Budget.

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 auditor's approval.
                                                                   
Vote: 5 - 0 - Unanimously

Court proceeded to Item.11.B.
Attachments:
 
11.
 
Executive Office:
 
A.
AI-52200
Discussion and action authorizing Mr. Raul Silguero as the designated signator in addition to Ms. Esther Cortez for the Department of Human Resources

Commissioner Cantu 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: 5 - 0 - Unanimously

Court proceeded back to Item.7.A.6
 
B.
AI-52188
Presentation and acceptance of Audit Report submitted by the Emergency Services District No. 1 for year ended December 31, 2014

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:
 
C.
AI-52039
Approval of 2016 Proposed Holidays

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
Attachments:
 
D.
AI-52063
Requesting permission by the Edinburg Chamber of Commerce to use the county square for the following events:
Night of Lights Parade on Friday, December 4, 2015 (evening) 
48th Annual Fiesta Edinburg Celebration on Saturday, February 27, 2016 at 10:00 a.m.

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
 
E.
AI-52157
Consideration and approval to grant the Health Department and HidalgoFit permission to partner with the American Cancer Society & Tobacco Prevention & Control Coalition in setting up an information booth from 8:30 a.m. to 11:30 a.m. on Monday, Nov. 16th at the Hidalgo County Courthouse in support of the Great American Smoke-Out Day which will be observed on Thursday, Nov. 19th

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-52142
1.  Approval of Interlocal Cooperation Agreement between County of Hidalgo and Lower Rio Grande Valley Workforce Development Board

Ray Eufracio raised concerns in regards to the attachments for Item. A. explaining that it had not been included into the agenda, as well as the review by legal counsel had not yet been documented. Mr. Guerra stated to Mr. Eufracio that it had been attached and they had been working with the Judge’s office on the referring issue. Luis Bodden, Contract Administration Director for Workforce Solutions explained that they had received a grant from the National Dislocated Worker on October 20, 2015. He commented that from the grant they received approximately $ 2.1 million which will go to towards providing the county with 85 positions throughout the precincts. The funds are meant to put individuals who lost their jobs due to the flooding back into employment. The organization will be in charge of reviewing the qualifications, the payroll and making sure things flow appropriately on the worksite.

Commissioner Flores questioned if the county would be responsible for any injuries. Mr. Bodden assured him that the county would not be responsible and that these future workers are not hired directly by the county and there will be a waiver on the agreement. Erika Reyna informed the court that the District Attorney’s Office reviewed and approved the contract and has been attached to the agenda. Commissioner Palacios commented that his precinct appreciates the contribution of these new workers. 

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

2.  Approval of Hurricane Worksite Agreement and authorization from Commissioners Court for county representatives from the different worksites to sign agreements (all 4 precincts).

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 

Mr. Guerra took time to recognize the work that Erika Reyna undertook in regards to the Agreement with the Workforce, as well as all the work done with the various precincts.
Attachments:
 
G.
AI-52060
Facilities Management:
Approval of credit application and agreement with Crawford Electric Supply Company, Inc. in order to purchase electrical supplies for County Buildings and authorize Valde Guerra, County Executive Officer to sign document(s)

The credit application states some terms that do not coincide with regards to the regulations of the auditing and regulations to paying bills. Therefore, Mr. Guerra request to take motion with the understanding that it has to fit the rules and regulations of the county when it comes to auditing and paying bills. 

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:
 
H.
AI-52067
Approval to accept settlement check from Chubb Group of Insurance Companies in the amount of $35,353.62 for property damages sustained during the rain event from May 12, 2015 through May 15, 2015. (Sheriff Office)

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:
 
12.
 
Indigent Defense Program:
 
A.
AI-52034
Requesting approval to submit application for FY2016 Indigent Defense Formula Grant 

Sergio Cruz explained that there is a resolution that needs to be approved with the application; hence it is a requirement of the application. 

Mr. Eufracio commented that the application was not attached to the agenda item, only the resolution and that the agenda item is the approval of the application and not the resolution.

Mr. Cruz explained that the application requires having the resolution attached, therefore they are requesting the resolution be included as part of the approval. He informed the court that they will attach the application and reminded the court that this is a non competed grant. 

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
 
13.
 
Human Resources:
 
A.
AI-52169
CCL#8 (1100): 

 Mr. Eufracio raised concerns in connection to this item, explaining that it had not been signed by the department director and had not assigned Mr. Silguero to sign on her behalf. He manifested this process to be a bad practice because they are bypassing the department director. Mr. Guerra manifested that they are not bypassing anyone and that everything goes through his office just as well as everything goes through Mr. Eufracio’s office. He commented that in fact he submitted an item with regards to Mr. Silguero’s authorization to sign. Nevertheless, Mr. Guerra explained that he is authorized to sign and make decisions for various departments and if that was the case then all the decisions he has made in the past do not hold water.

Notwithstanding, Mr. Eufracio insisted on the director being allowed to run their departments the best they see it fit. According to him in this case the director did not assigned Mr. Silguero to sign on her behalf. Moreover, Mr. Eufracio insinuated that Mr. Guerra had alluded to have authority to hire or appoint department heads. Mr. Guerra clarified Mr. Eufracio’s comment and emphasized that he never alluded that he had the authority to hire or appoint department heads. However, as a practice and transparency they come to Commissioners Court on behalf of the department heads. In any case the department heads are not elected officials and they received direction from Commissioners Court and therefore if that’s his argument then the department head could make any decisions without the authority of Commissioners Court to stop or intervene on a department's decision. All in all, Judge Garcia requested Mr. Eufracio to clarify his concern on the item and asked if he knew for sure if the department head did not agreed with Mr. Silguero’s authorization to sign. Mr. Eufracio explained that he did not know for sure but that the signature was not there. 

1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval to create one (1) Temporary full time Clerk I position, Slot T006 at $10.10 per hour, not to exceed through December 31, 2015.
3. Approval to revise the salary schedule in accordance with Commissioners Court action.

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 on 1 - 3.

 Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-52032
Health & Human Services Dept (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval of the following personnel actions effective next full pay period, 11/16/2015:
 
Action Dept/
Program
Slot# Position Title Current
Budgeted
Salary
Proposed
Budgeted Salary
Net Change
Delete 340-001 0032 Eligibility Specialist I $24,929.00 $0.00 <$24,929.00>
Delete 340-003 0003 Director of Nursing $81,755.00 $0.00 <$81,755.00>
Delete 340-003 0018 HR Coordinator III $49,646.00 $0.00 <$49,646.00>
340-005 G021 $10,300.00 $0.00 <$10,300.00>
Delete 340-003 0037 Clerk III $26,330.00 $0.00 <$26,330.00>
Delete 340-003 G076 Billing Supervisor $41,280.00 $0.00 <$41,280.00>
             
Create 340-003 0144  EMR/Database System Analyst $0.00 $53,665.00  $53,665.00
340-005 0023  $0.00 $3,335.00 $3,335.00
Create 340-003 0145  Director of Clinical Care Services $0.00 $90,000.00 $90,000.00
Create 340-003 0146  Administrative Assistant II $0.00 $30,000.00 $30,000.00
Create 340-003 0147  Health Services Billing Supervisor $0.00 $50,000.00 $50,000.00

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 on 1 - 2.

 Vote: 5 - 0 - Unanimously

3. Approval of interdepartmental transfer.
4. Approval to revise the salary schedule in accordance with Commissioners' Court action.

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 on 3 -4.

 Vote: 5 - 0 - Unanimously
 
C.
AI-52042
Hidalgo County Clerk (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval of the following personnel actions effective next full pay period, 11/16/2015:
 
Action Dept/
Program
Slot# Position 
Title
Current
Budgeted Salary
Proposed
Position Title
Proposed
Budgeted Salary
Net Change
Salary Adjustment (Decrease) 180-001 0005 Internal Auditor III $52,071.00 Internal Auditor III  $50,000.00 <$2,071.00>
Delete  180-001 0027 Deputy County Clerk I $28,840.00  - $0.00 <$28,840.00>
Create 180-001 0076 - $0.00 Administrative Assistant II  $30,911.00 $30,911.00

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 on 1- 2.

 Vote: 5 - 0 - Unanimously

3. Approval to revise the salary schedule in accordance with Commissioners' Court action.

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:
 
D.
AI-51970
Tax Office (1100) / Special Vehicle Inventory (1246):
1. Discussion, consideration, and approval to delete/add supplement pay to various slots, as listed below, effective next full pay period, 11/16/2015:  
 
Action Fund  Dept. /
Program

Slot #
Position Title Current 
Budgeted
Salary/Supplement
Proposed 
Budgeted Salary/Supplement
Net Change
Salary 
Auto Allowance 
(Delete) Supplement Pay
1100  140-001  0003 Property Tax Manager
 

$65,507.00
$2,800.00
 
 
$65,507.00
$2,800.00
 
$0.00
$0.00
1246 140-003 0002 $3,000.00 $0.00 <$3,000.00>
Salary
(Delete) Supplement Pay
1100  140-001  0008  Accountant IV $52,002.00  $52,002.00 $0.00
1246 140-003 0006 $3,000.00 $0.00 <$3,000.00>
Salary
(Add) Supplement Pay
1100  140-001  0018   Deputy Clerk III  $40,347.00  $40,347.00  $0.00
1246  140-003  0010  $0.00 $3,000.00  $3,000.00
Salary
(Add) Supplement Pay
1100  140-001  0171  
Administrative  Asst III
 $34,000.00  $34,000.00  $0.00
1246  140-003 0011  $0.00  $3,000.00  $3,000.00
Salary
(Add) Supplement Pay
1100  140-001  0025  Bookkeeper II  $33,917.00  $33,917.00  $0.00
1246  140-003 0012  $0.00  $3,000.00  $3,000.00
Salary
Auto Allowance  

(Add) Supplement Pay
1100  140-001 0160   Accountant IV  $52,002.00
$1,500.00
 $52,002.00
$1,500.00
 $0.00
$0.00
1246  140-003 0013  $0.00 $3,000.00 $3,000.00
 
2. Approval of Intra-departmental transfers.
3. Approval to revise salary schedule in accordance with Commissioners Court action.

No action taken on this item.
Attachments:
 
14.
 
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.
 
15.
 
Emergency Management:
 
A.
AI-52131
1. Requesting authority for Hidalgo County to submit a letter to the Texas Department of Public Safety- Texas Division of Emergency Management for withdrawal from the TSSI Safe Room Project Hazard Mitigation Grant Program number DR-1791-331 which was approved for the La Joya Independent School District to construct a 20,000 sq. ft. community safe room on the campus of Palm View High School.

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. Request for approval for the County Judge to sign the required documentation.

Judge Garcia stepped away from the meeting.

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:
 
16.
 
Community Service Agency:
 
A.
AI-52064
Approval of Proclamation in honor of Veterans involved in Community Service.

Jaime Longoria introduced Vice Chairman of the Hidalgo County’s Retired Senior Volunteer Program, Ruben De Leon and members Juan Cedillo and Jose Perez.  They proudly recognized the volunteers and all the veterans who have served not only once but more than that.

Commissioner Flores joined the meeting. 

As a veteran himself Commissioner Palacios presented the veterans with an honorable pin to the volunteer veterans. 

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

Court proceeded to Item. 8.A.
 
B.
AI-52153
Approval of and authorization to submit letter of response to the Texas Department of Housing and Community Affairs monitoring report dated October 23, 2015.

Mr. Longoria presented a copy of the monitor report and requested to have the District Attorney’s Office work with him in order to craft a response. The response is due November 23, 2015 there were five findings, two concerns and one observation. All these concerns are being address at the moment. The first one has to do with the board organization, second with financial reporting, fourth monthly report and fifth top goal. 

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: 4 - 0 - Unanimously
 
17.
 
IT Department:
 
A.
AI-52002
CONSTABLE PCT. 3
Authorization and approval of the End User Agreement H-GAC CONTRACT #CW10-14 included through the purchase of new GPS devices with service with SPRINT for the following:
Qty: Description: User: Service Plan Charge: Equipment Cost:
20 GPS units Office Use   Geotab GO7/FL7 OBDII Modem @ $9.99 each
20 Data Plan Office Use Goetab Pro/FleetLocate w/Fusion 5mb Pooled Data Plan @ $24.25 each per month  

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-52113
DISTRICT ATTORNEY'S OFFICE

Authorization and approval to purchase new wireless service through the County's membership/participation with CONTRACT: DIR-SDD-1779 for VERIZON WIRELESS for the following:
 
Qty: Description: User: Service Plan: Equipment:
1 Data Card Office Use Mobile Broadband Unlimited Data @ $37.99 per month MiFi 6620 @ $0.00


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
 
18.
 
Urban County:
 
A.
AI-52130
1. Urban County Program, is requesting approval of Change Order No. 1 to a construction contract with Saenz Brothers Construction, LLC this contract was awarded using General Land Office (GLO) funds under Contract No. 12-406-000-6453/DRS210068) for a Pct. 1 Project known as Delta Area Connector/East Lateral Project. The Change Order will increase the construction contract amount by $406,130.00 for a total construction amount of $4,909,066.00 using GLO funds.

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. Consideration and approval to authorize the UCP Director to sign this Change Order. 

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-52172
Acceptance and approval of the Interlocal Cooperation Agreement between Hidalgo County acting by and through its Hidalgo County Urban County Program, Precinct 4 and Hidalgo County Drainage District No.1 as it relates to the General Land Office (GLO) Contract No. 12-589-000-6887/DRS220068 for the project known as the Alberta Drain Project.

To also include the approval of the interlocal cooperation agreement in accordance to section. 791.014

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.
AI-52186
The Urban County Program on behalf of Precinct No. 1 is requesting approval and award of best and final negotiated contract with LeFevre Engineering & Management Consulting, LLC in the amount of $136,330.00 utilizing CDBG FYs 21, 22 & 27 (2008, 2009 & 2014) Street Improvements project Old La Blanca Road. (Mile 10-12).

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
 
D.
AI-52160
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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

2.   Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by the City of San Juan, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 27 (2014) San Juan Water/Sewer Improvement funds.
 
Professional Service Firm Grade Ranked
Cruz-Hogan Consultants, Inc.  95.66% 1
Halff Associates, Inc.  85% 2
Javier Hinojosa Engineers  82.33% 3

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

3.   Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Cruz-Hogan Consultants, Inc. for the provision of engineering services for an Urban County Program Year 27 (2014) San Juan Water/Sewer 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
 
E.
AI-52117
Requesting authorization to amend the Subrecipient agreement with the Boys & Girls Club of Mission Inc., under the Community Development Block Grant (CDBG) Program for PY 2015.

No action taken on this item.
Attachments:
 
F.
AI-52137
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. 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.  Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County's approved "pool" as graded and evaluated by the City of Peñitas, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 27 & 28 (2014 & 2015) Peñitas Street Improvement funds.

 
Professional Service Firm Grade Ranked
South TExas Infrastructure Group  97.66% 1
R. Gutierrez Engineering  93.66% 2
Rio Delta Engineering   82% 3

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

3.  Auhtority to negotiate a professional engineering service contract with the No. 1 ranked firm of South TExas Infrastructure Group for the provision of engineering services for an Urban County Program Year 27 & 28 (2014 & 2015) Peñitas Street Improvements project. 

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

 
 
19.
 
Elections Administration:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

No action taken on this item.
 
20.
 
Head Start Program:
 
A.
AI-52013
Discussion/Approval to Submit Five Year Application for Hidalgo County Head Start Program Funding Opportunity Number: HHS-2016-ACF-OHS-CH-R06-1094

Judge Garcia joined the meeting.

The Head Start Program is submitting an application due to the changes made. The application is a 260 page application due by November 30, 2015 the plan is to continue the same services for 3,690 children and keep the same number of staff. This will also allow to keep the partnerships with various school districts. 

Commissioner Flores 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: 4 - 0 – Unanimously

Judge Garcia acknowledge the excellent work the Head Start Department has been doing.
 
21.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-52165
1. Requesting approval of an Interlocal Cooperation Agreement (ICA) between the County of Hidalgo and the City of Hidalgo, concerning certain road improvements to Las Milpas Road from McColl Road to Jackson Road.

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 correction of typo.
                                                                   
Vote: 4 - 0 - Unanimously

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 Las Milpas Road from McColl Road to Jackson 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: 4 - 0 - Unanimously
Attachments:
 
22.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-52107
Requesting approval of payment to the Texas Commission on Environmental Quality (TCEQ) in the amount of $50.92 for the air emission fee. 

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-51949
Approval of Interlocal Cooperation Agreement among City of Edinburg, County of Hidalgo and Hidalgo County Emergency Services District #3

Commissioner Palacios introduced Fire Chief Shawn Sniders and explained that this could be a potential interlocal between the City of Edinburg and Hidalgo County for the new fire station project. He commented that regardless of the decision the court takes or legal counsel he will still support the project.

City of Edinburg Fire Chief Shawn Snider presented to the court a project they have been working on for the possible Fire Station #5 on FM 2812 he commented that there’s already a station that serves McColl and FM 107 that serves the West side of Edinburg. The future station could serve FM 490 and Monte Cristo they will assist all the way to the county line due to the assistance they provide to San Manuel. He tried to encourage the court by emphasizing on the basic resources this station could bring to the citizens. It will house an ambulance, shorten the time for fire trucks to get to the emergencies, as well as provide a meeting center and reduction of property tax.

He affirmed that the City of Edinburg has already agreed on maintaining the facility and provide the facility to the county when need it at no additional cost. Chief Sniders indicated that they have had about 325 incidents around this area, by having this fire station they will be able to respond much faster and will facilitate a shorter rout to Monte Alto.
 
He commented on the rating received by the City of Edinburg of a 3AB rating. After obtaining this rating he requested the ISO to have a secondary rating for the county, passing five miles from a fire station. He explained that not having a fires station near five miles could affect the insurance rating on a home.

Chief Sniders noted that he has already submitted the interlocal agreement that both DSD and the City of Edinburg have signed. 

Commissioner Cantu asked Commissioner Palacios about the resources were his precinct will be getting the money to participate in this project. Commissioner Palcios answered that the money would be coming from precinct 4 funding such as co’s and reimbursements. 

Steve Crain commented that he had some concerns in regards to approving the interlocal. Commenting that the county could not put money into a city project where they do not have ownership in. He will get together with Commissioner Palcios in order to discuss the contingency for a better workable solution. Commissioner Palacios commented that he understands the hesitation but felt that he could move forward regardless of the county not owning the land where the fire station will be built, because the county would also benefit from the building. Commissioner Cantu suggested buying the land from the city. Commissioner Palacios answered that at this moment they are working with the firm of Atlas Hall Rodriguez to figure out other options to participate in the project.

Commissioner Palacios agreed to waiting on the interlocal agreement and mentioned they will keep on working with legal to come out with other options.

Chief Snider commented that the City of Edinburg has already invested money into the project, commissioner Placios explained that they will work to figure out a way to make the project work. 

No action taken on this item.
Attachments:
 
C.
AI-52092
Pct. 4 Curry Estates (1303):
Approval of 2015 interfund transfer from Pct. 4 Road Maintenance program 007 (1200) to Curry Estates program 145 (1303) in the amount of $1,210.46. 

Commissioner Cuellar stepped away from the meeting.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 -Unanimously

Court proceeded to Item.23.B.
 
23.
 
Budget & Management:
 
A.
AI-52199
Discussion, consideration and approval of the proposed Hidalgo County Subdivision Streetlight program rules and regulations. 

Sergio Cruz introduced the pilot program under the Hidalgo County Subdivision streetlight program rules and regulations.

Ray Salazar acknowledged those involved in the approval of the House Bill 3002, he specially gave consideration to Representative Armando "Mando" Martinez, Sergio Muñoz, Jr.  and State Senator Juan “Chuy” Hinojosa. Mr. Salazar also acknowledged the willpower of Hidalgo County Commissioners Court and Community organizers.

Mr. Salazar elaborated on the goals of the program explaining that one of the main goals is to provide a safer community and better quality of life.

The neighborhoods selected were as follow:
Pct.1 Lucero Del Norte and Gulineros Phases 1 and 2
Pct.2 El Dora Heights Phases 1, 2 and 3
Pct.3 Mi Sueño and El Dora #8
Pct.4 Pueblo De Palmas #10 and 11

For a total of 961 lots.

The program was carefully drafted and approved by the District Attorney’s Office and it centers itself on four elements, Commitment, Comparison and calculation, Contribution and Commencement.

Commissioner Cantu stepped away from the meeting.

Each subdivision must submit the application during the open enrollment period of January 1, 2016 to July 1, 2016. There has to be a 75% or more owner commitment to have an additional fee be input in their property tax statement. The fee will be a separate line item in connection the streetlight fee.

Commissioner Cantu joined the meeting.

Judge Garcia raised the question of the potential issues they might encounter if the property owner fails to pay the fee. Mr. Salazar explained to him that if this becomes the case, the county is not allowed to foreclose on the property. However, the county can collect on a lien should the property be sold or foreclose for other reasons other than the county foreclosing under the pilot program. Once the application has been accepted the precinct will be able to compare the subdivision infrastructures with other subdivision applications and determine a criteria such as crime statistics and the tax delinquent ratio. The precinct will then be able to work together with the utility provider to calculate any material needed and the installation cost. Once the cost has been determine each precinct will be able to review its resources and contribute a determine amount or work with the lot owners to help contribute and allocate any infrastructure costs among themselves. Subsequently once the streetlight costs have been broken down by subdivision lot, an order will have to be approved by Commissioners Court in order to authorize the fee and the Tax Office to assess a streetlight fee on the tax statement. As the program evolves the language and guidelines will bend to accommodate the regulations.

Fern McClaugherty protested the possibility of having an additional fee be absorbed by the county or the citizens due to the new pilot program. She claimed that in order to prepare all the paperwork for the Tax Office, they would have to hire more employees and therefore spend more money. Ms. McClaugherty commented she had contacted Magic Valley whom explained to her that if there was no pole available they would charge $750 plus other additional fees for any specific street light.

Commissioner Cantu echoed his support for the pilot program and recognized all the work done by Ray Salazar and his staff.  He also remarked his position on this type of lighting than solar lighting, explaining that it will cost more to maintain solar poles. None the less, the commissioner also reported that Hidalgo County is the first to offer this kind of program. Commissioner Palacios also endorsed the program, explaining that many of these subdivisions have children waiting for the school bus in the dark. He appreciates and acknowledges the responsibility that the lot owners are willing to take in order to have light in their subdivisions. In spite of that, he understands the concerns raised by Fern McClaugherty in regards to the county being liable for the potential delinquency of back payers.

Mr. Salazar noted that the streetlights will cost the county annually about $27,000 and per each resident about $ 2 to $ 5 dollars per month. At this moment there are a total of ten subdivisions participating in the pilot program. Commissioner Flores questioned if there could be a way to have the planning department add an escrow for light poles and have the developer pay for them. In regards Mr. Salazar mentioned to the commissioner that the planning department has met with the District Attorney’s Office and have discuss a similar approach, in which the infrastructure would be provided by the developer. He also commented to Judge Garcia that the initial cost to the county would be $7,000 additionally another responsibility taken by the county would be having the light bill be under the county’s name. Therefore, in case of power outrage the homeowner will have to contact the respective precinct.

Commissioner Cuellar asked Raul Sesin if he had information in regards to the regulations under the planning department and the infrastructure that developers should provide for the subdivisions. Ms. Sesin commented to him that this is an item that Planning Director, T.J. Arredondo has been working on and waiting to be approved. He also mentioned for new developments there would be no cost to the county to provide the initial infrastructure. Once more Commissioner Palacios emphasized that right now it is only a pilot program and that there will be a lot of future tailoring to do. He also explained that they have gained experienced in the cost between solar light and utility light and feels confident they will see tremendous savings.

Yet again, Ms. McClaugherty interrogated the court in reference to who would be responsible for paying if the property owner becomes delinquent. Mr. Salazar explained to Ms. McClaugherty that the county will expect for individuals to pay at the beginning of the year when paying for their property tax. Also the county will set up their own account and then by January 31 they will look at those who have not paid and will send notices. Judge Garcia requested Mr. Salazar to further explain the 75% commitment theory. He explained that the intent of the 75% is to have an idea of the number of owners who are willing to commit. At the end of the period if they see a 75% collection ratio or higher they will continue to provide power. However the following year they will make any rate adjustments if they notice a percentage not paid. To make up for the non payers they will have to increase the amount but not to exceed more than 25% , base on analysis made only 44 properties out of 961 are delinquent at this point. 

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

Court proceeded to Item.4
 
B.
AI-51814
Discussion, consideration, and approval of revised Internship Policy. 

Commissioner Cuellar joined the meeting. 

Mr. Cruz commented that any language that mentioned paid internship was removed from the policy. 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
 
C.
AI-52007
Sheriff's Office (1100):
Approval of the following salary schedule changes, effective date of 11/02/15:
 
280-001 Slot No. 0053 Sr. Deputy Sheriff Step IV $47,734.00 Deputy Sheriff Step I $39,140.00
280-001 Slot No. 0040 Sergeant Step II $49,017.00 Sergeant Step III $50,733.00

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 
Attachments:
 
24.
 
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.
 
Hidalgo County
 
1.
AI-52191
Discussion and applicable action in connection with Hidalgo County Property Insurance Coverage for: Commercial Property/Boiler,  Machinery/Terrorism awarded [CC 10-27-15 AI#51951/Option #2] to McGriff, Seibels and Williams of Texas, Inc., including, but not limited to issues regarding the vendor's financial responsibility in covering Hidalgo County's assets.

Martha Salazar explained to the court that concerns have been sent to the vendor and have made arrangements to have a representative come to Commissioners Court. The issues are in regards to the vendor’s capability of covering $291 million in assets from the county. She explained that the vendor has sent them proof of their good standing ratings.

Judge Garcia opened up about his concerns in regards to the status of the company. Judge questioned the coverage value that McGriff, Seibels and Willimas are capable of providing for the county when their company is valued at $ 10 million and the county’s assets are of $ 290 million.

Representative Mr. Guerrero contacted Mr. Joseph Blasi over the phone to have him explained the financial issues of various companies and the non administration carries, as well as to explained how they will be able to cover the county’s assets.  Judge Garcia questioned the insurance code which indicates the non admitted companies that may provide insurance but only if there’s no other company bidding for the same proposal. He asked how they could work this issue another way. Mr. Blasi commented that this code does not apply to county or purchasers of insurance but it applies to agents. Mr. Blasi quoted that if an agent has an identical quote from an admitted carrier in a surplus line carrier they should make an effort to sell the quote from the admitted carrier. According to Mr. Blasi, Hidalgo county is the only costal county that does not use surplus carriers for wind storm insurance. He commented that as far as the limit the McGriff program offers full limits coverage with the county values. Judge Garcia questioned the value of the assets of the company. Mr. Blasi explained that Lexington is part of their company as well as AIG. He also commented to Judge Garcia that all the companies they provided in the packages are all A rated and are surplus line carriers. Mr. Blasi elaborated that Harris County, Cameron County, Orange County and Nueces County have use surplus carriers.  None the less, Judge Garcia questioned the root of all the county’s assets. They explained to him that the $ 290 million comes from all the properties where the county has part of including the Head Start buildings because they are in charge of insuring those buildings are well. Judge Garcia still questioned the total amount $ 290 million declaring that he does not see where this large amount is coming from. Judge asked Steve Crain about being able to buy insurance from a non admitted company if they have an admitted company selling it. Mr. Crain mentioned that he would take a closer look however, they can purchase from a surplus line. Once more Judge Garcia questioned not being covered by the state guarantee fund if the non-admitted company fails. In regards to this concern Mr. Blosi commented to the court that the guarantee fund will only pay the policy holder. However the only difference between the non-admitted companies and an admitted carrier is that if the admitted carrier falls then the policy holders are eligible up to $ 150, 000 of recovery from the state guarantee fund. Mr. Montalvo a current county insurance carrier explained that no other companies were listed on the proposal but Lexington and now they are mentioning additional companies are being listed after the fact to make up the rest of the amount. He also mentioned that if the county ever wants to contact the Texas Department of Insurance they would not have any stands to do so, because they do not provide back up for non-admitted companies. Moreover Judge Garcia asked who would be the person they would contact if filling a claim. Mr. Blosi explained that as the serving agent McGriff would be the company the county would file to first. Ms. Salazar explained to Judge Garcia that McGriff, Seibels and Williams are the ones that pay the premium as the agent. Finally Judge Garcia requested to have Steve Crain review the insurance code 9981.004 before making any further decisions. 

Commissioner Flores joined the meeting.

No action taken on this item.
Attachments:
 
2.
AI-52183
Presentation by Schneider Electric [awarded contractor through TIPS-The Interlocal Purchasing System] to perform a " business case energy analysis" at no cost or obligation to Hidalgo County including the execution of Letters of Interest and Authorization [by County Judge, Court Member or Executive Officer].

Commissioner Cantu stepped away from the meeting. 

Mrs. Salazar emphasized that this would not include the letter of authorization.

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:
 
3.
AI-52014
a. Presentation by Hidaldo County Energy Consultant - Robert Peña (Texas Energy Consultant)  of scoring grid for the purpose of ranking by  Commissioners' Court, the responses received from cooperatives, state programs and/or aggregate pools in connection with  Electricity Energy Supply  Services RFP 2015-028A-10-30.
 
Company
Average
Score
Ranked
Reliant Energy   1
Cavallo Energy   2
Direct Energy   3
     

Mrs. Salazar mentioned that they did not advertised for this project,since they felt they had enough participants under the same co-op.

Mrs. Salazar mentioned that they did not advertised since they felt they had enough participants under the same co-op.
 
Mr. Peña presented an update of the energy companies to the court. He stated that originally the county had awarded the contract to Reliant, back in 2008 and expiring in 2010.  However, prior to the expiration it was renewed for an addition of 5 years.
 
He also mentioned to the court that energy prices vary according to the prices of natural gas. Mr. Peña commented to Commissioner Cuellar that some of the companies were similar in price however, when totaling the usage for the year it makes a big difference. Furthermore, he agreed with their desire to extend the contract from 24 months to 48 months. According to Mr. Peña ?if the contract is extend they could see more potential for savings. 

Commissioner Palacios stepped away from 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: 3 - 0 - Unanimously

b. Award a contract for electric energy services with the number one recommended/ranked provider Reliant Energy for a term of  48 months subject to legal review.

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: 3 - 0 - Unanimously
 
4.
AI-52118
Pursuant to current agreement "Texas GLO Electric Sales Agreement" [under "TERM"] between Hidalgo County [C-08-041-04-29] and  Reliant [an NRG Company] requesting approval to send written notice to "Terminate" this agreement to coincide with its "Expiration date of November 30, 2015"  [and as stated in attached notice of expiration from Reliant]  for the provision of Electric Power Services with effective date of 12:01 am, December 1, 2015.

Commissioner Cantu 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
 
5.
AI-52016
A. Authority to advertise and approval of procurement packet (i.e., specifications - requirements, legal notice etc.) as attached hereto for H.C. "Professional Audit Services RFQ No 2015-328-12-02-YZV including the  re-advertisement  of project in the event of no participation received, and/or rejected and  project is still required.

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

B. Appointment and/or designation by Commissioners' Court to select/assisgn an evaluation committee to evaluate and score the SOQ's received for RFQ 2015-328-12-02-YZV- Professional Audit Services for Hidalgo County (All Funding Sources)

Chief of Staff, Department of Budget and Management and Auditor's Office.

Review and confirmation will be done by e-mail.


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
 
B.
 
Pct. 1
 
1.
AI-52001
Acceptance and approval of the following Work Authorizations as submitted by Millennium Engineers Group, Inc. - Contract # C-15-319-09-15 for the provision of "Construction Materials Engineering and Testing Services" for:

A) Work Authorization No. 1 - Norene Drive Improvements Project in the amount of $7,742.00 thru assigned & submitted Requisition #286459.

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) Work Authorization No. 2 - Spanish Palms Subdivision Project in the amount of $7,770.25 thru assigned and submitted Requisition #286496.

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-52195
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;

Commissioner Palacios joined 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: 5 - 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 engineering services for "Las Milpas Road Project" for Pct 2.
 
Total Scores South Texas Infrastructure Group, LLC B2Z Engineering Quintanilla Headley & Assoc.
Evaluator 1 95 94 91
RANKING 1 2 3

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

c. Authority for the Purchasing Department to negotiate a professional services agreement with the No. 1 ranked firm of South Texas Infrastructure Group, LLC for professional engineering services for "Las Milpas Road Project" for Pct 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: 5 - 0 - Unanimously
Attachments:
 
2.
AI-51992
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 -"Eldora Road Improvements (from "I" Road to Raul Longoria Road)"-RFB No. 2015-367-12-02-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: 5 - 0 - Unanimously
Attachments:
 
3.
AI-52049
Requesting approval of Supplemental Agreement No. 8 with R. Gutierrez Engineering Corporation, Contract C-07-358-09-04 resulting in an estimated cost increase of $15,664.00 for services under Work Authorization No. 12 for the Pct 2 South Fork Drainage Project.

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
 
D.
 
Pct. 4
 
1.
AI-52056
A. Requesting approval of a "Clarification" to AI-51715-selection of Engineering Firm (approved by CC 10-13-15) to correct "title of project" reflecting as "job specific" project: "Level of Service Analysis for Overpass at SH 107 and FM 2128" within Hidalgo County Precinct No. 4, and, NOT for: Feasibility Study and Level of Service Analysis for Proposed Overpass at SH 107 and FM 2128 (Schunior St.);

Commissioner Flores stepped away from the meeting.

Commissioner Palacios explained that the state has been looking into expanding SH 107 making it to a 6 lane facility. Therefore they are asking to clarify the feasibility study and level of services analysis.

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. Acceptance and approval of a Professional Engineering Agreement with L&G Consulting Engineers, Inc. d/b/a L&G Engineering, for: "Job Specific" Project: "Level of Service Analysis for Overpass at SH 107 and FM 2128” within Hidalgo County Precinct No. 4;

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

C. Pursuant to Article 14 of the "professional engineering services" agreement #C-15-390-11-10 with L&G CONSULTING ENGINEERS, INC. d/b/a L&G ENGINEERING, is requesting approval to engage the services of SUB-CONTRACTOR (Mr. HARRY SIMEONIDIS --ERGONOMIC TRANSPORTATION SOLUTIONS, INC.) with adherence to insurance provisions required by said article;

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

D. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $ 230,726.91) as submitted by project engineer, L&G Engineering for "Job Specific" Project: "Level of Service Analysis for Overpass at SH 107 and FM 2128" within Hidalgo County Precinct No. 4 in connection to agreement #C-15-390-11-10.

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
 
E.
 
IT Department:
 
1.
AI-52135
Acceptance an approval of an Amendment between Tyler Technologies, Inc. and Hidalgo County under the current Maintenance and Support Service Agreement to remove the Licensed Software Session Works Judge Edition and to add to the Agreement Schedule 1.

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:
 
F.
 
Facilities Management:
 
1.
AI-52099
Acceptance and approval to award job order contractor, Herrcon, LLC (awarded JOC through Buyboard contract #464-14) in the amount of $7,699.33 for: "Turnkey replacement of kitchen range hood to comply with Fire Marshal requirements at the John Austin Pena Primary Care Substance Abuse Facility" (Project #15-393-MSS).

Commissioner Palacios stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 3 - 0 - Unanimously
 
G.
 
Colonia Access Program Pct. 1
 
1.
AI-52152
Acceptance and approval of the following for C-CAP-15-223-09-29 Lorenzana Subdivision between Hidalgo County and REIM Construction Inc. as submitted through project engineer Le Fevre Engineering & Management Consulting, LLC (pending final legal review);

Commissioner Flores joined the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 4 - 0 - Unanimously

A. Final construction contract (CC awarded/09-29-15 AI#51437) in the amount of $111,364.25;

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. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee [historically Raul Lozano unless otherwise selected by Comm. Pct. #1] 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. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-52023
Acceptance and approval of the following for C-CAP-15-257-10-06 Heidelberg Subdivision between Hidalgo County and 2GS, LLC as submitted through project engineer, LeFevre Engineering & Management Consulting, LLC.:

A. Final construction contract (CC approved 10-06-15) in the amount of $824,327.70;

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. 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. 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
 
H.
 
District Attorney
 
1.
AI-51952
Requesting authority to exercise a one (1) year extension as provided in contract #C-13-365-12-20 for “Pathologist To Provide Turnkey Autopsy And Related Services” for Hidalgo County under the same rates, terms, and conditions renewal/extension effective December 21, 2015 through December 20, 2016.

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:
 
I.
 
Sheriff's Office:
 
1.
AI-52162
A.    Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024 (a)(7); an item that can only be obtained from only one source;

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 a "Sole Source Declaration" for "Wireless CCTV, L.L.C." for the purchase of 4G Nano, supporting equipment, connections and warranties, including any present and  future accessories, licenses, support service and maintenance to be used by Hidalgo County Sheriff's Office and other related Hidalgo County Law Enforcement Agencies (all funding sources) with said declaration to remain in effect while declaration is in place or until revoked by HCCC;

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

C. Approval for HCSO to purchase the 4G Nano, supporting equipment, connections/installations and warranties through assigned Asset Forfeiture Requisition #287581 in the amount of $28,220.00 including renewals of maintenance, support services and annual licenses while for the lifetime of the software.

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
 
J.
 
WIC
 
1.
AI-51937
a. Requesting approval of the Memorandum of Understanding between South Texas Health System- McAllen Medical Center  and Hidalgo County WIC Program for the purpose of the hospital to provide WIC Breastfeeding Peer Counselors to WIC eligible mothers.

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. Requesting approval of the Memorandum of Understanding between Women's Hospital at Renaissance and Hidalgo County WIC Program for the purpose of the hospital to provide WIC Breastfeeding Peer Counselors to WIC eligible mothers.

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. Requesting approval of a Business Associate Agreement between Doctor's Hospital Renaissance and Hidalgo County WIC 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
 
25.
 
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: 4 - 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-52089
Cause No. CCD-0281-B; Electric Transmission Texas, LLC vs. Hidalgo County

No action taken on this item.
 
D.
AI-52100
Claim(s) for Auto Loss with Jail Van on October 6, 2015:
· Claim of Benjamin Morales

No action taken on this item.
 
E.
AI-52097
Claim of Frank Salazar

No action taken on this item.
 
F.
AI-52011
Claim of Andres Solis

No action taken on this item.
 
G.
AI-52019
Claim of AT&T

No action taken on this item.
 
H.
AI-52021
Claim of Carlos Alexis Perez

No action taken on this item.
 
I.
AI-52071
Claim of Tyler Lee Lopez

No action taken on this item.
 
J.
AI-52061
Claim of Yesenia Garza

No action taken on this item.
 
26.
 
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."

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 connection to Item.27.D.

Vote: 4 - 0 - Unanimously

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 in connection to Item.27.E.

Vote: 4 - 0 - Unanimously

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval in connection to Item.27.F.

Vote: 4 - 0 - Unanimously

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 in connection to Item.27.J.

Vote: 4 - 0 - Unanimously

B. Requesting engagement with the firm of Atlas Hall Rodriguez in specific with Rex N. Leach/ Preston Henrichson/Palacios Garza and Thompson/Thorton and Summers for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement in connection to Item.27.D. and authority to submit letter of engagement to the Firm of Preston Henrichson in connection to Item.27.E. and authority to submit letter of engagement to the Firm of Palacios Garza and Thompson in connection to Item.27.F. and authority to submit letter of engagement to the Firm of Thorton and Summers in connection to Item.27.J.

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 in connection to Item.27.D.

Vote: 4 - 0 - Unanimously

Court preceded back to Item.27.E.

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 in connection to Item.27.E.

Vote: 4 - 0 - Unanimously

Court preceded back to Item.27.F.

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 in connection to Item.27.F.

Vote: 4 - 0 - Unanimously

Court preceded back to Item.27.G.

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 in connection to Item.27.J.

Vote: 4 - 0 - Unanimously

Court proceeded back to Item.27.I.
 
27.
 
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-52090
Cause No. CCD-0281-B; Electric Transmission Texas, LLC vs. Hidalgo County

Legal Counsel, Steve Crain requested motion to be as follow, motion to approve first amendment to agreement for temporary easement and authorize the judge to sign on behalf of the county and to accept a partial payment of $120,506 which will ultimately be credited against the judge upon received in this combination 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.

Vote: 4 - 0 - Unanimously
 
D.
AI-52101
Claim(s) for Auto Loss with Jail Van on October 6, 2015:
· Claim of Benjamin Morales

Refer back to Item.26.A. and B.
 
E.
AI-52098
Claim of Frank Salazar

Refer back to Item.26.A. and B.
 
F.
AI-52012
Claim of Andres Solis

Refer back to Item.26.A. and B.
 
G.
AI-52020
Claim of AT&T

Mr. Guerra requested for settlement authority to make an offer in the amount of $ 2,619.88

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
 
H.
AI-52022
Claim of Carlos Alexis Perez

Mr. Guerra requested for settlement authority to make an offer in the amount of $ 732.41

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
 
I.
AI-52072
Claim of Tyler Lee Lopez

Mr. Guerra requested for settlement authority to make an offer in the amount of $ 2,164.10

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

Mr. Guerra remarked this claim to be assigned to the attorney of record.

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 to have claim be assigned to the attorney of record. 

Vote: 4 - 0 -Unanimously 

Court proceeded to Item.30.
 
J.
AI-52062
Claim of Yesenia Garza

Refer back to Item.26.A. and B.
 
28.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
29.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
30.
 
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 10th day of November, 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 November 10, 2015.

Signed this 10th day of NOVEMBER 2015




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


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