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Minutes for CC - REGULAR

SPECIAL MEETING - November 17, 2015

BE IT REMEMBERED, that on this 17th 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 A.C. CUELLAR, JR.

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS

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 17, 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 Judge Garcia.
 
2.
 
Pledge of Allegiance

Commissioner Cantu led the courtroom in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Julia Sullivan led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda.
 
5.
 
Open Forum

Verdelle Anderson from precinct 3 approached the members to speak about trash issues she is currently dealing with around her community, as well as dead animals in the surrounding areas. She explained that the issues with dead animals have been taken care of however, the consistent dumping of trash continues. She also mentioned that they have received help from Mingo Villarreal but understands he is not able to do so all the time. Victor Gallardo is another citizen who has contacted precinct 3 to report trash problems. She remarked that she called the director of operations Mr. Ramirez but has not received a call back from him. Moreover, she also mentioned the problems with the way the potholes are being covered up.

In regards to Mrs. Anderson’s concerns Commissioner Flores assured the court that he will have someone look into these issues and fix the problems.

Jim Barnes spoke about Judge Mario E. Ramirez, Jr. Juvenile Justice Center, he reported on the graduation he attended at the boot camp on November 13, 2015. He pointed out how this program is essential for young men to stabilize their lives and how it’s cost effective for the county to keep helping the program.

Commissioner Palacios stepped away from the meeting.

Beth Barnes also remarked the importance of the boot camp and invited the court members to take time to visit the facility.

Commissioner Palacios joined the meeting.

Fern McClaugherty opened up about the times the OWLS have visited different county facilities and how the juvenile center is one of the few Hidalgo programs they approve of. Ms. McClaugherty commented that Commissioner Cuellar has attended the facility and questioned who else from the commissioners have done so as well.

Commissioner Palacios answered to her by stating that he has been a speaker at the boot camp. She demanded the court to look for other alternatives were to cut cost instead of eliminating the aid provided to the camp.

Commissioner Flores stepped away from the meeting.

Opal Billman quoted a statement said by Donald Trump were he mentions that if elected president he will put up a border wall and have Mexico pay for it. In the matter Ms. Billman mentioned that she wants to have a border wall built on the boundary line, the wall would be for the protection of occupants of a recently built apartment complex. She wants the developers who created the apartments to pay for the potential hazard that it could bring. Ms. Billman manifested that the apartments sit on part of her community property.

Commissioner Flores joined the meeting and Commissioner Cuellar stepped away.

Richard Garza, Superintendent for the Juvenile Justice Center’s Boot Camp Facility expressed his gratitude for the support the OWLS are providing in regards to the boot camp. He also thanked Commissioner Cuellar for attending the facility and encouraged the rest of the commissioners to attend the camp.

Commissioner Cuellar joined the meeting.

Elvira Garcia spoke about the significant life changing experience the boot camp has provided for her son’s life. She explained how they tried other programs but the county’s boot camp was the only one that provided the correct discipline for her son. She requested the court to keep helping the boot camp because they are the only facility that provides the correct life changing experiences for young people.

Mr. Garcia described the experience he had with his son after he nearly died of an overdose. Thankfully he was guided to the boot camp where his son was able to get help. Now he is appealing to the commissioners to keep supporting the program in order to keep helping families like theirs. Moreover, he proudly commented to the court how his son entered the program having only 8 school credits and graduated with 24 credits.

Lupe Chavez opened up about the photographs of local veterans the court used to display before the renovations, he suggested having those back, including the ones from past court members be brought back to the new renovated courtroom. He also commented on the car allowance for those employees who already make a good monthly salary. Finally he discussed the county judge’s schedule and suggested that they should start court earlier than the time they currently start.

Commissioner Cuellar took the time to congratulate the staff at the boot camp and mentioned how impressed he was about the work being conducted at the program. He announced his support to this program and will work to keep it going.

Commissioner Cantu commented that they are trying to do the best they can to keep supporting the facility.

Commissioner Palcios mentioned that he has been a guest speaker at the facility and recognizes the great work they are doing. He reinforced the support that the court is willing to provide for the program as well.

Commissioner Flores added that he was touched by story of Mr. and Mrs. Garcia’s son and how he was able to turn his life around with the help of the facility. He also supports the aid for the boot camp.
 
6.
 
County Judge's Office:
 
A.
AI-52257
Update by the Hidalgo County Regional Mobility Authority

Randy Sweeten, Chairman of the Hidalgo County Regional Mobility Authority gave a short presentation in reference to the short range plan which includes SH 365, IBTC, US 83 Rel. Route and SH 68. He invited the commissioners to attend a ground breaking ceremony set for January 2016. He commented that this is also possible thanks to a grant received by the MPO. Mr. Sweeten mentioned a TXDOT meeting they will be attending this month for the update on the $ 12 million dollars and for December they expect approval on the zip loan which is the rest of the 365 funding. He also mentioned the funding for the La Joya relief rout which is also underway. He noted that it has taken 8 years to get going with this project and thanked the support given by TXDOT.

Commissioner Flores mentioned that when he first came into office this project was already being developed and it has finally become a reality. He commented that at the moment it takes about 1 hour to travel from Edinburg to La Joya. Commissioner Cuellar also articulated on the time it takes to travel on the current highway. 

No action taken on this item.
Attachments:
 
B.
AI-52272
Discussion and possible action on Order Approving Memorandum of Understanding among the County of Hidalgo, the City of Edinburg, the City of McAllen, the City of Mission and the City of Pharr and the University of Texas Rio Grande Valley regarding the Development of and Funding for The University of Texas Rio Grande Valley School of Medicine and the related Chapter 381 Economic Development Agreement by and among Hidalgo County, Texas, The University of Texas Rio Grande Valley and The University of Texas System.

Michael Leo, County Judge’s Office, presented a possible action on the order and memorandum for the funding of the University Of Texas Rio Grande Valley School Of Medicine. He clarified that this was a memorandum they had enter into when it was still the University of Texas Pan American. Both parties are now amending it to include the name of UTRGV. Veronica Gonzalez, Vice President for University Advancement, cleared the issue of who are the participants on the MOU. She commented that currently the City of Mission has opted out of entering into the memorandum. However, it is not cleared if it translates to not supporting the medical school in any capacity. She informed that last session they were $ 10 million short based on what they had hoped to achieved.

Commissioner Cantu questioned the matter of filling the gap for those who would not be able to contribute the full amount promised and if such was the case could the state come in and even out the amount. In respond Ms. Gonzalez informed him that she wasn’t sure that was something she was able to answer, but discussions have been brought up in connection to providing services to those who decide not to participate.

On another note, she also expressed her support for the boot camp and informed that the medical school is also trying to provide a similar care for the youth.

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
 
7.
 
District Courts:
 
A.
AI-52228
449th District Court:
Requesting approval to reimburse Judge Jesus Contreras the amount of $195.00 (req. # 287549) for payment of National Council of Juvenile and Family Court Judges membership dues, with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor.

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

 Vote: 4 - 0 - Unanimously
 
8.
 
District Attorney's Office:
 
A.
AI-52218
1. Approval of certification of revenues as certified by the County Auditor for FY2015 Hidalgo County Domestic Violence Specialty Prosecutor Grant.

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

2. Approval to appropriate the FY 2015 Hidalgo County Domestic Violence Specialty Prosecutor Grant funds.

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

3. Approval of the following personnel actions:
Slot # Dept Position Title Proposed Salary/Allowance
G001 080-018 Advocate I $33,000.00
G002 080-018 Assistant District Attorney III $63,100.00
A142 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: 4 - 0 - Unanimously

 4. Approval to appropriate funds in the amount of $ 900.00 for auto allowance from Fund 1223

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

5. Approval of the salary schedule in accordance with Commissioners Court approval.

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
 
B.
AI-52115
1. Approval of certification of revenues as certified by the County Auditor for the FY 2016-2017 Victim Assistance Program.

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 to appropriate the FY 2016-2017 Victim Assistance Program 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

3. Approval to appropriate HB65 funds.

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

4. Approval of the following personnel actions:
Slot# Dept Position Title Proposed Salary/Allowance
G001 080-017 Advocate I $33,000.00
G002 080-017 Advocate I $33,000.00
G003 080-017 Assistant District Attorney II $58,100.00
A141 080-007 $900.00

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

5. Approval of the salary schedule in accordance with Commissioners Court approval.

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
 
9.
 
County Treasurer - Norma Garcia:
 
A.
AI-52235
1. Discussion, consideration and approval of Hidalgo County Investment Policy in accordance with Chapter 2256.005(e) of the Texas Local Government Code.

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: 3 - 0 – Unanimously

2. Discussion, consideration and approval of Multi-Bank Securities, Inc. Resolution.

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

3. Discussion, consideration and approval of the Authorized Broker/Dealers List in accordance with Chapter 2256.025 of the Texas Local Government Code.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
 
10.
 
Tax Office - Paul Villarreal:
 
A.
AI-52035
Discussion, consideration, and approval to execute an inter-local agreement between the County of Hidalgo and the City of Pharr for implementation of scofflaw procedures and processes for vehicle registration denial services.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
 
B.
AI-52239
Presentation for discussion, consideration, acceptance and approval of a Dealer Agreement between Hidalgo County and (Heller-Bird III, LTD. DBA Jaguar San Juan, Land Rover San Juan – P118864, Heller-Bird V, LTD. DBA Acura of the Rio Grande Valley – P130258, Heller-Bird II, LTD. DBA Audi San Juan – P116285, Heller-Bird Motors, LTD. DBA Mercedes-Benz of San Juan, Smart Center of San Juan – P112761)

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

Vote: 3 - 0 - Unanimously
 
11.
 
Sheriff's Office:
 
A.
AI-52184
1. Authorization and approval to accept the FY 2016 STEP – Impaired Driving Mobilization Grant in the amount of $32,741.52.

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

Vote: 3 - 0 - Unanimously 

2. Authorization to delegate Sheriff Guerra, as authorized official, to sign Grant Agreement.

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

3. 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. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously

4. Approval of Certification of Revenues as certified by the County Auditor for the FY 2016 STEP- Impaired Driving Mobilization Grant.

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

5. Approval to appropriate the budget for the FY 2016 STEP – Impaired Driving Mobilization Grant in the amount of $32,741.52.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
 
B.
AI-51864
State Criminal Alien Assistance Program (SCAAP) Grant (1284):
1. Authorization and approval for Certification of Revenues for SCAAP 2015

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

Vote: 3 - 0 - Unanimously 

2. Authorization and approval for Appropriation of funds for SCAAP 2015 in the amount of $34,934.00

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
Attachments:
 
C.
AI-52074
1. Approval of agreements for Shooting Range Use/Training between the Hidalgo County Sheriff's Office and

a. Bureau of Alcohol, Tobacco, Firearms, and Explosives
b. Lower Rio Grande Valley Development Council

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 on A and B.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously

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

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
 
12.
 
Executive Office:
 
A.
AI-52262
Presentation of 1st Quarter Delinquent Tax Collection Report for the period of July 1, 2015 - September 30, 2015 - Linebarger Goggan Blair & Sampson, LLP

Representative from Linebarger Goggan Blair & Sampson, LLP summarized the delinquent properties that were sold in the county during the month of November. There was over $ 12.1 million dollars per mailing in delinquency, they handle 720 pay off request on delinquent accounts. They intervened on 374 new litigation cases.  There was two tax sales conducted for the months of July and August 2015, 35 properties went to another tax entity because the minimum bid was not met but will be offer to resale again. They were able to collect around $ 4 million on base tax for the months of July and August, not including penalties. Last year the county was able to collect around 12.09% of the delinquent tax roll, currently they have been able to collect 12.69%. For the months of October and November they have executed two mailings on litigation accounts and personal contacts. There will be a tax sale and resale schedule for December 1, 2015.
 
In terms of community outreach Linebarger employees have participated in school supply drives, donating more than 225 backpacks to different school districts throughout the Valley. Also for the first time the firm together with the Hidalgo County Tax Office and the Appraisal District are offering a series of presentations in regards to property taxes. The presentations will be taking place in each precinct.
 
Commissioner Palacios recognized the work done by firm.

No action taken on this item.

Commissioner Flores joined the meeting.
Attachments:
 
B.
AI-52268
1. Discussion and action on tax resale bids received on the properties (see attached list)

Gustavo Martinez representing Linebarger Goggan Blair & Sampson, LLP gave a summary of the bids received from the delinquent tax resale properties. The sale that took placed for the month of November 3, 2015 included 78 previously struck-off properties, they received 70 bids. If approved they will generate about $ 165,000 for the county and put about $ 2 million back into the tax roll.

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

 Vote: 4 - 0 - Unanimously

2. Discussion and action on Order for tax resale bid properties

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:
 
13.
 
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.
 
14.
 
Emergency Management:
 
A.
AI-52281
1. Presentation, discussion, and necessary action on Proclamation to terminate the Order Continuing Local State of Disaster for the County of Hidalgo due to the torrential rain event of October 24, 2015, which caused severe damage and flooding to property.

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. Presentation, discussion and authorization for the County Judge to sign the required documentation.

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
 
15.
 
Community Service Agency:
 
A.
AI-52241
Presentation and approval of the PY 2016 Community Needs Assessment Strategic plan and CAP plan

Commissioner Flores stepped away from the meeting.

Jaime Longoria gave a short summary of the 2016 Community Needs Assessment Strategic plan and CAP plan. The assessment lays out the plan of work for the next one year and gives them time to look for a university or nonprofit group that would come in and assist or take care of the need services. The assessment surveyed 800 entities including the elected officials. They found five assessment needs, improved coordination among social services agencies, emergency services of food, rent and utility assistance, improved services for vulnerable populations, financial literacy courses and educational and vocational opportunities.  

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 the report for one year.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously

The second installment is the strategic plan, which gives the agency the opportunity to strategically deliver 13 actionable goals. The goals are tied back to the eight priority areas mentioned.

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

The final document is the PY 2016 Community Action Plan, it works along with the other two documents and it delivers the intentions of how the agency will accomplish the goals. The agency will meet to make sure the plans meet the criteria and goals.

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

Commissioner Palacios recognized the tremendous work Mr. Longoria and his staff have accomplished. 
Attachments:
 
B.
AI-52293
Approval of the amendment to the license agreement between the County of Hidalgo Texas and SHAH Software Inc.

Commissioner Flores joined 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

Before ending Mr. Longoria commented that they were notified by the direct energy company CPL and its affiliates, they provided $ 80,000 in utility assistance and are now providing an additional $10,000
 
16.
 
Elections Administration:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

No action taken on this item.
 
17.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-52182
Requesting approval of Memorandum of Understanding between the County of Hidalgo, Mcallen Careers Institute, and Motivation Education & Training, Inc to provide vocational trade training (welding) at the Pct. 2 Alamo CRC

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

Vote: 4 - 0 - Unanimously
Attachments:
 
18.
 
Precinct #3 - Comm. Flores:
 
A.
AI-52266
1. Requesting approval of Interlocal Cooperation Agreement between City of Palmview and County of Hidalgo for road improvement  project (Champion Lane).

Mingo Villarreal took the time to announced that he contacted Mrs. Verdelle Anderson in regards to her issues under open forum.

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.  Approval of ICA Project in accordance with Texas Government Code 791.014 to overlay Champion Lane in the City of Palmview, Texas.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
B.
AI-52055
Requesting approval of First Amendment to Interlocal Cooperation Agreement between the County of Hidalgo and the City of Alton concerning certain improvements to FM 676 (Mile 5) from SH 107 (Conway) to Taylor Road.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
C.
AI-52271
Requesting approval to name road located at 5 1/2 miles North FM 492 as  Vera Rd.

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:
 
19.
 
Budget & Management:
 
A.
AI-52285
Pct 4 Rio Grande Care Rd (1200):
Approval of 2015 interfund transfer from Co. Wide Adm-Contingency (1100) to Pct 4 Rio Grande Care Road Project (1200) in the amount of $245,000.00 to fund road project expenditures.

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

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-52280
1. Discussion, consideration and approval of AEP (American Electric Power) Contribution-In-Aid-of-Construction Agreement for Electric Distribution Services for the installation of 7 streetlights at Mi Sueno Subdivision in Precinct #3.

2. Discussion, consideration and approval of AEP (American Electric Power) Contribution-In-Aid-of-Construction Agreement for Electric Distribution Services for the installation of 17 streetlights at Eduardos #8 Subdivision in Precinct #3.

3. Discussion, consideration and approval of MVEC (Magic Valley Electric Cooperative) Agreement for the installation of 2 streetlights at Lucero del Norte Subdivision in Precinct #1.

4. Discussion, consideration and approval of MVEC (Magic Valley Electric Cooperative) Agreement for the installation of 19 streetlights at Goolie Meadows Subdivision in Precinct #1.

5. Discussion, consideration and approval of MVEC (Magic Valley Electric Cooperative) Agreement for the installation of 19 streetlights at El Dora Heights Subdivision in Precinct #2.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of B. 1 to 5.

Vote: 4 - 0 – Unanimously

Commissioner Cuellar stepped away from the meeting.

Ray Salazar noted that the subdivisions located in precinct 3 have the correct infrastructures and is requesting to have AEP install the streetlights in the existing poles, same goes for precinct 4. For precinct 1 and 2 they are requesting through this agreement for them to install the correct arms and lights, the lights are not at the correct limit and need to make adjustments.

Linda Fong announced some concerns in reference, stating that there was no legal review attached. Second, two of the agreements contain a rate schedule that has different light post than that of the actual agreement itself. Mr. Salazar clarified that Magic Valley would be waiving part of membership fees and will have a revised agreement.

Steve Crain requested to rescind vote taken from the last action and have approve the ones subject to legal review and take the other ones and not approve the ones were there’s changes in the agreements.

Ms. Fong prompt not to approve 19.B. 3 and 5 due to changes in the agreement.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to rescind previous vote on items 1 trough 5.

Vote: 3 - 0 – Unanimously

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of 19.B.1, 2 and 4. subject to legal review.

Vote: 3 - 0 – Unanimously

No action taken on 19.B 3 and 5.

Commissioner Cuellar joined the meeting.

Ms. Fong address another concern in regards to having the poles be on county roads. Mr. Crain stated that they are on the right of way of a county road. Mr. Salazar assured that they confirmed with the planning department that these poles are  in county property and not on private properties.

Armando Garza requested to approve Items.19.B 3 and 5 subject to contract amendment due to minor typo error on the contract. The error has been identified by Ray Salazar from the Budget Office and having to wait until December is going to push things back.

In reference to these items Victor Garza from the District Attorney’s Office, reported they have started reviewing the documents and there were only minimal changes that needed to be made. They have passed these types of agreements in the past with AEP and Magic Valley therefore, there shouldn’t be any problems.

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 items 19.B. 3 and 5. subject to final legal approval.

 Vote: 3 - 0 - Unanimously

Court proceeded to Item.21

Mr. Salazar clarified that Item.3.C is for the installation of 8 subdivision streetlights.
Item 5. E is for the installation of 30 streetlights. 

Court proceeded to Item.26
Attachments:
 
C.
AI-52093
Discussion, consideration and approval to submit the Texas VINE Reimbursement Maintenance Invoice in the amount of $6,928.83 (First Qtr) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with authority for County Judge to sign the required documents.

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
 
20.
 
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-52048
A. Requesting approval to declare the items listed in Exhibit "A" (attached herein), office furniture, equipment and vehicles as "Surplus" for the purpose of sale through auction (scheduled for 12-09-2015) in accordance with Texas Local Government Code 263.152 (a)(1); AND, in the event "NO BIDS" received,

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. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subsection (1) at auction on 12-09-2015 resulted in no bids were received;

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 authority to publish advertisement for the auction of surplus equipment and vehicles scheduled for 12-09-2015, including, but not limited to, Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.

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:
 
2.
AI-52077
Presentation of the sole responsible vendor submitting the lowest and best bid response [s detailed in tabulation sheet contained herein & meeting all specifications and/or requirements] for award and approval of contract for the Request for Bid titled: Hidalgo County-"Concrete Mix and Delivery or Pick Up Services" through project No.: 2015-310-10-28-SGS.

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.
 
Pct. 1
 
1.
AI-52031
A. Pursuant to Texas LGC Chapter/Section 263.151 (2)(B)(C)(CD) and 263.152 (a)(2) action to declare one (1) GMC 8500  and one (1) 2004 Freightliner Grapple Trucks  as "Surplus" [detailed & described in the Exhibit attached herein] for the purpose of disposition [of the 2 units] for use as  "Trade-Ins" toward the acquisition of new units;  

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. Approval of Governmental Equipment Lease-Purchase Agreement No 2746981 between Holt CAT Truck Center thru the Buyboard Contract 430-13, Caterpillar Financial Services Corporation and Hidalgo County for the lease-purchase of two (2) CT660S-Trucks for Pct 1 Sanitation with authority for the County Judge to sign all related documents for the financing purposes (Project # 2015-391).

Ms. Salazar explained there were two concerns, one the value was more than the trade in. They have submitted the correct value and are getting a trade in of $ 19,000

Commissioner Flores asked if this was a dollar buy out, Ms. Salazar explained this was a trade in but believed that at the end of the lease it does have it embedded. She mentioned they can take them back after the lease. Commissioner Flores commented that it would be best to buy equipment instead. 

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-52263
Requesting approval of a professional appraisal services agreement with LEONEL GARZA, JR. & ASSOCIATES, LLC for the purposes of appraisal services for: The Fair Market Value Appraisals in connection with the Acquisition of Land-Sale and/or Exchange, Rights of Way, Easements, Condemnations and Disposition of County owned Property located within Hidalgo County Precinct No. 2 (on an as needed basis) and as selected for negotiations by CC from the "POOL" of Appraisers by CC on 10/13/15.

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:
 
D.
 
Pct. 3
 
1.
AI-52256
a. Acceptance and approval to execute the final form of a Professional Engineering Agreement with L&G Consulting Engineers, Inc. dba L&G Engineering, for "Veterans Boulevard (SH 495) Project (from Abram Road East to La Homa Road)"as approved for negotiations on CC 04/14/15.

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

 Vote: 4 - 0 - Unanimously

b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $843,140.00) as submitted by project engineer, L&G Consulting Engineers, Inc. dba L&G Engineering for, "Environmental Assessment, Public Involvement, Schematic and Hydrologic Design for  Veterans Blvd (SH 495) project from Abram Rd to La Homa Rd (FM 364)" located Pct. No. 3 through Contract #C-15-161-11-17.  

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.
AI-52227
Acceptance and approval of Work Authorization No. 3 (estimated cost of $1,797,300.00) for Engineering Services required for the preparation for the PS&E, ROW Mapping, Field Surveying and ROW Acquisition Services for the Liberty Rd Project form US 83 to Mile 3. C-12-246-10-16

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.
 
WIC
 
1.
AI-52078
Presentation of bids received for the purpose of award and approval of contract to the responsible vendor submitting the lowest and best bid [while meeting all specifications and/or requirements] as attached hereto for RFB No. 2015-321-10-21-HGO - "Medical Supplies" - 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
 
F.
 
Budget & Management
 
1.
AI-52151
a. Presentation of scoring grid below (for the purposes of ranking by CC as qualified to continue process) of the responses received and evaluated in connection with RFP No. 2015-283-10-25-YSS Consulting Services for Self-Funded Insured Group Health for Hidalgo County Employees, in order to proceed forward with the negotiation portion of the procurement process;
  Alamo Insurance Group, Inc. Crystal & Company Jaime R. Solis Consulting Valley Risk Consulting Walker & Associates
Evaluator 1  98 85  10  68  87
Evaluator 2  97  91  52  88  92
Evaluator 3  95  85  63  87  86
Evaluator 4  94 86  11  50  84
Evaluator 5  98  98  0  83  85
Average Score  96.4  89.0  27.2  75.2  86.8
CC Rank
 
1 2 5 4 3

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

b. Requesting authority for Purchasing Department to enter into negotiations with the number one (1) ranked proposer Alamo Insurance Group, Inc.for: Consulting Services for Self-Funded Insured Group Health for Hidalgo County Employees.

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:
 
G.
 
Sheriff's Office
 
1.
AI-52232
a.  Approval of Construction Change Directive #2 (as drafted/submitted through project engineering, Chanin Engineering, LLC reviewed/concurred by construction manager, Prodigy) in the amount of $25,915.75 (Allowance) so as to give general contractor, Central Air Heating Service, Inc.  the notice to proceed, if applicable.

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

b. Approval of Change Order No. 1 in connection with the "Adult Detention and Law Enforcement Facility Repairs and/or Replacement," to credit the amount of $27,000.00 from contracted vendor, CAHS, Inc. and as recommended by project engineer, Chanin Engineering, LLC.

Commissioner Palacios stepped away from 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: 3 - 0 - Unanimously
Attachments:
 
2.
AI-52027
Presentation of bids received for the purpose of award and approval of contract document to the responsible vendor submitting the lowest and best bid and meeting all specifications and/or requirements as attached hereto for: Hidalgo County Sheriff Office - "Radiological Diagnostic & Related Mobile Services" for RFB 2015-311-10-21-YZV

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

 Vote: 3 - 0 - Unanimously
 
3.
AI-52082
Approval to purchase One (1) New 2016 Ford Explorer Base FWD through the County's membership/participation with BuyBoard's awarded vendor, Caldwell Country Chevrolet/Ford (Contract #430-13) in the amount of $26,289.00 which includes delivery and a one time administration fee of $400.00-Project #2015-392-MEG.

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

 Vote: 3 - 0 - Unanimously
Attachments:
 
H.
 
Co. Wide
 
1.
AI-52069
Requesting authority to advertise and approval of qualifications, requirements, and scope of services as attached hereto for: "Hidalgo County Pool of Professional Services"  for the following;

A. Architectural Services RFQ 2016-001-01-27-YSS
B. Engineering Services RFQ 2016-002-01-27-YZV
C. Eng. Serv. Geotechnical & Construction Material Testing RFQ 2016-003-01-27-HGO
D. Construction Management Services RFQ 2016-004-01-27-MSS
E. Appraisal Services RFQ 2016-005-01-27-SMA
F. Surveying Services RFQ 2016-006-01-27-SGS

for selection on an "as needed basis" (through a grading/scoring, ranking, negotiation protocol-as established by CC) per project by Hidalgo County Commissioners' Court, Precincts, all County Departments and/or applicable Programs or Agencies requiring said services effective March 16, 2016 through March 15, 2017.

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

Vote: 3 - 0 - Unanimously

Court proceeded back to Item.19.B
 
21.
 
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Court stayed open and did not go into Closed Session.

Court proceeded back to Item.19.B
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or potential litigation

No action taken on this item.
 
C.
AI-52286
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Bluebird 

No action taken on this item.
Attachments:
 
22.
 
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 A and B.
 
23.
 
Open Session:

No action taken on this item.
 
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-52287
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Bluebird  

No action taken on this item.
 
24.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
25.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
26.
 
Adjourn

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

Vote: 3 - 0 - Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 17th 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 17, 2015.

Signed this 17th 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