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Minutes for CC - REGULAR

SPECIAL MEETING - December 1, 2015

BE IT REMEMBERED, that on this 1st day of December 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
December 1, 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

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

The court moved to approve the Consent Agenda for the exception of Items.2.L., 2.T., 8.C., 10.A.1., and 12.E. to be pulled for discussion.
 
5.
 
Open Forum

Commissioner Cuellar stepped away from the meeting.

Opal Billman commented on the petition made by her late husband to divide all community property in 1996. According to her, the decision made by the court was that her community was excess land with no value and no proper appraisal was done. Neither her husband nor Ms. Billman sold any property and the community was left just the same way it was when it entered court. She believes that actions from the court were to take over their private legal community property. When her husband died the proper law to close the case was not applied, because of his death the case was incomplete and over. She claims that now her property is up for grabs, it is not. The court has not closed this case when there is a law stating that it must. All property owned by Joe Billman at the time of his death is legal right of his heirs.

Commissioner Cuellar joined the meeting.

Fern McClaugherty opened about her concerns in regards to the Mario E. Ramirez, Jr. Juvenile Boot Camp. She asked for the court members to attend to the next graduation at the boot camp. Ms. McClaugherty also suggested for the court to look into the problems of the juvenile court. According to her, the juvenile court does not use the inside attorneys.

Julia Sullivan approached the court to remind everyone of the County’s Christmas Party.
Attachments:
 
6.
 
County Judge's Office:
 
A.
AI-52365
Recognition of District Clerk Laura Hinojosa and staff on the 7th anniversary of the District Clerk’s “Blues for Bucks” workplace fundraising campaign.

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

Laura Hinojosa, Hidalgo County District Clerk and her staff were recognized by Commissioners Court for their successful "Blue for Bucks" campaign. By the end of this quarter the District Clerk’s Office would have donated about $50,000 to charitable organizations due to this campaign.

Ms. Hinojosa opened up about the public service and how important it is to give back to the community. All the money raised by them stays within the county. This time around the donations will be given to A World for Children. The Deputy Clerk also recognized all the other additional help her staff has done. They contributed to the Red Cross during the disaster in Haiti, Project Play Ground and gave money to Catholic Charities.
Attachments:
 
7.
 
District Attorney's Office:
 
A.
AI-52298
District Attorney's Office:
Requesting approval for County Treasurer's Office to process payment for fuel reimbursement in the total amount of $31.50 for employee Dale R. Booth, Jr. after auditing procedures are completed by County Auditor.  

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

Vote: 5 - 0 - Unanimously
Attachments:
 
8.
 
Constables:
 
A.
AI-52373
Constable Pct. #1:
Discussion, consideration, and approval of appointment of the Reserve Deputy Constables by Constable Celestino Avila Jr., as per Texas Local Government Code Section 86.012: Ernesto Sanchez

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
Attachments:
 
B.
AI-52324
Constable Pct. 1 - Operation Stonegarden (1284):
Approval to appropriate the budget for the Constable Precinct 1 portion of the FY2014 Operation Stonegarden Grant Phase II in the total amount of $22,463.63.

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
Attachments:
 
C.
AI-52299
Constable Pct. 2 - Operation Stonegarden (1284):
Approval to appropriate the budget for the Constable Precinct No. 2 portion of the FY2014 Operation Stonegarden Grant Phase II in the total amount of $52,500.00.

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: 5 - 0 – Unanimously
 
D.
AI-52428
Constable Pct. 2:
Discussion, consideration and approval to appoint David Martinez as Reserve Deputy Constable by Constable, Martin Cantu, Constable Pct. 2 in accordance with Texas Local Government Code Section 86.012.

Commissioner Flores stepped away from the meeting.


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

Vote: 4 - 0 -Unanimously
Attachments:
 
E.
AI-52438
Constable Pct. #3 – FY2015 Homeland Security Grant Program
1. Authorization and approval to apply for the FY2016 Homeland Security Grant Program through the Regional Homeland Security & Criminal Justice - 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.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously

2. Authorization for the County Judge, as authorized official, to sign required 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: 4 - 0 – Unanimously
 
F.
AI-52431
Constable Precinct No. 4:
Discussion, consideration, and approval to appoint Norberto Guerra as a Deputy Constable by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.011. 

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:
 
G.
AI-52340
Constable Pct. 4 - Operation Stonegarden (1284):
Approval to appropriate the budget for the Constable Precinct No. 4 portion of the FY2014 Operation Stonegarden Grant Phase II in the total amount of $54,500.00.

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: 5 - 0 – Unanimously
Attachments:
 
9.
 
Executive Office:
 
A.
AI-52443
Discussion, consideration, and appointment of Hidalgo County representative to the Hidalgo County Metropolitan Planning Organization Transportation Policy Committee.

To have Commissioner Palacios be appointed representative to the Hidalgo County Metropolitan Planning Organization Transportation Policy Committee.

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 

Commissioner Palacios recognized all the contributions that Commissioner Flores was able to do under the organization. Commissioner Flores thanked Commissioner Palacios for the recognition and acknowledged all the contributions made by all the precincts, precinct 3 has gotten $250,000 as well as precinct 2. 

Commissioner Cantu also acknowledged the $750 million dollars in projects done in precinct 3.
 
B.
AI-52321
Civil Service (1100):
Approval to process payment of the following invoice in accordance with Accounting Procedures Manual (Food Policy) with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor: 
Vendor Invoice Date PO# Amount Purpose/Event
Subway #6216 10/22/15 724265 $ 52.50 Civil Service Commission Meeting 10/22/15
(due to 2 hr. limit non-compliance)

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.9.D
Attachments:
 
C.
AI-51462
Discussion, consideration, and action regarding written Resolution and ballot selection of Appraisal District Board of Directors for 2016-2017.

Mr. Garza explained the three basic functions of the Hidalgo County Appraisal District Board of Directors. First to operate and established an office for the Appraisal District, Second to hire and fire the Chief Appraisal and third to adopt policies for the district. The board has no authority over value, it is against the law for them to have anything to do with value. Judge Garcia requested further explanation between the Appraisal Review Board and the Appraisal District Board of Directors. Mrs. Garza commented that the Appraisal Review Board does have authority over value. They usually come out with values every first of a year. If the owner wishes to dispute the appraise value they can meet with the Appraisal Review Board in a similar court case setting. The members of the Appraisal Review Board are selected through the administrative District Judge of Hidalgo County who appoints at his sole discretion the members. Therefore as of today the members are elected by Judge Bobby Flores, currently as the Administrator District Judge.

Judge Garcia restated that the individuals being selected at this time have nothing to do with the appraisal appeals.

Mr. Garza mentioned that there are 1,195 votes to be distributed to one or as many candidates at the members wish to do so. Currently there are 12 candidates on the ballot.

Mr. Valde Guerra asked for the court to consider the following breakdown in respect to the votes.

David Hernandez: 505 votes
Eddie Cano: 278 votes
Richard Garza: 206 votes
Jimmy Garza: 100 votes
Amador Requenez: 79 votes
Albert Cardenas: 27 votes

Mr. Guerra explained to Judge Garcia that at the moment there are still votes out there and therefore cannot give him the final names of the members.

Commissioner Palacios asked for a number of votes still pending. Mr. Garza commented that they still have South Texas ISD with 105 votes, La Joya ISD with 195 votes and other districts with 20 votes or less each.  All in all, less than 500 votes pending. As far as dividing the votes among the candidates the top five will be declared winners.

Commissioner Flores asked if they could wait to vote after everyone votes. In reference Mr. Garza explained that the deadline is December 15 and if the votes are not in with the resolution then their votes will not count. The votes and the resolution would have to be submitted before the end of business day. 

No action taken on this item.

Court proceeded to item.22
Attachments:
 
D.
AI-52429
Requesting approval of payment of attorney vouchers (not submitted within 3 months of disposition as per Local Rules of Administration adopted under TLGC 74.093) from attorney J. Roel Garcia in connection with legal representation of indigent defendants with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor: 
Invoice Date Disposition Date Court # Totaling
3/17/14 4/19/11 County Court #1  $   300.00  
3/20/14 10/14/10 County Court #2 $   250.00
3/2/11 & 6/21/11  3/17/14  County Court #4                              $   550.00
Various (3 invoices) 3/14/14 County Court #5 $   700.00
Various (6 invoices) 3/21/14 & 3/24/14 County Court #6 $1,450.00
    GRAND TOTAL FOR 13 INVOICES $3,250.00

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

Vote: 5 - 0 -Unanimously
Attachments:
 
E.
AI-52341
Discussion and possible action to authorize Valde Guerra, County Executive Officer, to sign certification of Tabulation of Utility Adjustments (SUP) for FM 681 ROW CSJ: 0669-01-051/0862-01-046

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

Court proceeded back to Item.9.C
Attachments:
 
10.
 
Public Defenders Office:
 
A.
AI-52447
Discussion and approval of letter to the Texas Indigent Defense Commission in support of Hidalgo County's participation in the Regional Public Defender Office for Capital Cases.

No action taken on this item.
Attachments:
 
11.
 
Human Resources:
 
A.
AI-52400
Community Service Agency:
1. Discussion, consideration, and approval to reclassify one (1) regular full-time position as follows: 
 
Slot# Position Title Current
Budgeted Salary
Proposed
Position Title
Proposed
Budgeted Salary
0009 IT Security Engineer $34,320.00 Information Technology Manager $49,000.00

2. 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. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 1 & 2.
                                                                                                                                                         
Vote: 5 - 0 – Unanimously

Mr. Valde Guerra noted that the Community Service Agency is a county agency and they do follow the policy and procedures.
 
B.
AI-52237
Tax Office (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration and approval of the following personnel actions effective, 12/1/2015:
 
Action Slot# Dept/
Program
Position Title Actual/
Proposed
Budgeted Salary
Delete 0074 140-001 Deputy Clerk I $27,835.00
Create 0184 140-001 Accounting Clerk I $27,835.00

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

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

Vote: 5 - 0 – Unanimously
 
C.
AI-52234
Sheriff's Office / Jail (1100) / Jail Commissary (2102) :
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.
2. Discussion, consideration, and approval of the following personnel actions, effective next pay period of 12/1/2015:
 
Action Dept/ 
Program
Slot No. Position Title Current Salary /
Allowance
Proposed
Position Title
Proposed Salary /
Allowance
Net
Change
Add Clothing Allowance 280-001 0396 Sergeant Step I $0.00 Sergeant Step I $500.00 $500.00
Delete Clothing Allowance 280-001 0040 Sergeant Step III $500.00 Sergeant Step III $0.00 $500.00
Reclassification 280-002 0002 RN IV $60,655.00 RN V $73,135.00 $12,480.00
Salary Adjustment (Decrease) 280-002 0177
Detention Officer   
$38,251.00 Detention Officer
 
$31,364.00 ($6,887.00)
Salary Adjustment (Decrease) 280-002 0281 Sr. Detention Officer 
Step III
$36,957.00 Detention Officer
Step I
$31,364.00 ($5,593.00)
Regrade  280-015 0011 Commissary Supervisor $30,342.00
(Step 7)
Commissary Supervisor $35,391.00
(Step 9)
$5,049.00

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

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

Vote: 5 - 0 - Unanimously
 
D.
AI-52233
Constable Pct. #2 (1100):
1.  Requesting waiver of the Budget Amendment Policy – Personnel Related Amendments.
2. Approval to create one (1) regular full-time Sergeant Step I position, slot no. 0015, budgeted salary $ 47,359.00.
3. Approval to waive posting, hiring and enrollment procedures and promote employee no. 088226 to the Sergeant Step I grade, slot no. 0015, as per the Constables' Grade and Step Pay Plan.
4. Approval to delete one (1) regular full –time Deputy Constable Step II position, slot no. 0005, budgeted salary $40,510.00.
5. Approval of interdepartmental transfer.
6. Approval to revise the salary schedule in accordance with Commissioner's Court action.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on 1 to 6.

Vote: 5 - 0 - Unanimously
 
E.
AI-52394
Pct 2 Road Maintenance (1200):
1. Approval, discussion and consideration to create one (1) regular full-time position as follows effective 12/1/2015:
 
Dept/
Program
Slot# Position Title Budgeted
Salary
122-006 0098 Mechanic III $40,000.00

2. Approval of Intradepartmental transfer. 
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. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 1 to 3.
                                                                                                                                                         
Vote: 5 - 0 – Unanimously
 
12.
 
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.
 
13.
 
Fire Marshal's Office:
 
A.
AI-52405
Discussion and approval of the following 2016 Rural Emergency Services Interlocal Agreement(s) with:
1.) City of Alamo
2.) City of Alton
3.) City of Donna
4.) City of Edcouch
5.) City of Edinburg
6.) City of Elsa
7.) City of Hidalgo
8.) City of La Joya
9.) City of La Villa
10.) City of Linn-San Manuel
11.) City of McAllen 
12.) City of Mercedes
13.) City of Mission
14.) City of Monte Alto
15.) City of Palmview
16.) City of Pharr
17.) City of San Juan 
18.) City of Sullivan 
19.) City of Weslaco

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on 1 to 19.

Vote: 5 - 0 – Unanimously

Fire Marshall Juan Martinez, announced his last day with the county and thanked the county for all the opportunities he was able to obtained. He introduced Eric Sanchez who will be a temporary replacement. 

Judge Garcia recognized all the work done by Juan Martinez and his involvement with Hidalgo County Emergency Management. 

Mr. Guerra mentioned  that the posting has been opened state wide as well as locally, so far they have had 23 applications and 9 have been completed. The posting will be closing Friday, December 4, 2015. They will consider the top five candidates for the court's consideration. Human Resources is handling it as well as the Fire Marshall.

Valde Guerra affirmed to Commissioner Flores that they followed the statue requirements. They asked for a minimum of six years of fire investigation. 

Commissioner Palacios questioned the matter of having an official designated assistant under the Fire Marshall. Mr. Guerra informed to him that they have been in contact with other departments and knows that Urban County has already proceeded with something similar. 

Commissioner Flores commented on a situation that was brought up to his attention in regards to an incident were the report had not been signed in over a year. Mr. Guerra commented that they have contacted the officer and have addressed the situation. Commissioner Flores also opened up about the budget for the fire calls. Sergio Cruz commented to him that they did budget a contingency for fire calls. 

Judge Garcia stepped away from the meeting.
 
14.
 
Urban County:
 
A.
AI-52388
Urban County Program on behalf of the City of Progreso is requesting consideration and action to award and enter into a construction contract with GNH Company, LLC for a Street Improvements project in the amount of $505,173.50. Utilizing UCP – City of Progreso Street Improvement funds FYs’ 26, 27 & 28 (2013, 2014 & 2015).

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.
AI-52426
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for construction material testing 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 purpose of ranking by Commissioner’s Court of at least three (3) construction material testing firms from the county’s approved “pool” as graded and evaluated by the City of Progreso, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 26, 27 & 28 (2013, 2014 & 2015) City of Progreso – Street Improvements funds.
 
Professional Service Firm Grade Ranked
Raba Kistner Consultants  94% 1
Terracon  88.33% 2
Millennium Engineers Group  87.33% 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

3. Authority to negotiate a construction material testing service contract with the highest ranked firm Raba Kistner Consultants for a Urban County Program Years 26, 27 & 28 (2013, 2014 & 2015) City of Progreso – Street Improvements project.

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
 
C.
AI-52427
Urban County Program on behalf of Precinct No.4 is requesting consideration and action to award and enter into a construction contract with OG Construction (lowest bidder meeting all specifications and/or requirements) for the Texas General Land Office Round 2.2(GLO Contract No. 12-589-000-6887) in the amount of $1,621,209.00. The project consists of flood and drainage improvements within Precinct No. 4, Hidalgo County, Texas

Commissioner Palacios emphasized the enormous relief that this project will bring to a very dense populated area.

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.
AI-52422
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.

The reason they are requesting to amend this agreement is because the original agreement stated that the funds could be use in the City of Mission however, this is only to the densing unit. They cannot fund the City of Mission since they are a community of their own. 

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
 
E.
AI-52295
Urban County Program on behalf of the City of Mercedes is requesting authority to purchase fire station equipment (hoses) for the Mercedes Fire Department. Purchase will be made from Casco Industries, Inc. (contract # 432-13) an approved vendor through Hidalgo County’s membership and participation with Buyboard. The total amount of purchase is $10,485.00 (quote attached) funded thru UCP FY 28 (2015) Mercedes – Fire Station/Equipment line item and city funds.

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
 
15.
 
Elections Administration:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

Ms. Ramon updated the court in reference to the early voting, she reminded everyone that early voting ends Friday. She announced that out of the 2, 258 register voters they have only had 262 votes.

This Friday they will be sending out the new blue certificates, but encourages voters to update their information because they have received about 20,000 returned certificates.

Judge Garcia joined the meeting.

If somebody does not received the new blue certificate after a week or two of the issuance date, then they can call 956-318-2570 to inquire on the issue. The last day to make any changes is February 1, 2016.

Ms. Ramon encouraged everyone to update their information because the presidency election is coming up.
First day of early voting will be February 16, 2015.

She stated to Commissioner Flores that they do not accept P.O. Box addresses, they would have to update their statement of resident. If they have a farm road crossing with another farm road, it is still acceptable because it gives them a pinpoint of the address. Ms. Ramon mentioned that before she came in there were up to 60,000 voters in suspension and at the moment they are at 20,000 non the less she encourages everyone to update their statement of residence.

Ms. Ramon explained to Commissioner Flores that two federal elections have to pass before they get removed from the system.
Attachments:
 
16.
 
Head Start Program:
 
A.
AI-52255
Presentation for Discussion, Consideration and Approval to Enter into a Memorandum of Understanding (MOU) Between Hidalgo County Head Start Program and Edcouch-Elsa Independent School District

Mrs. Flores mentioned they will be sending five teachers into the Edcouch and Elsa campus and will be serving ten classrooms. 

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 
 
B.
AI-52254
Discussion/Approval on Request to Purchase Instructional Materials, Classroom/Teaching Supplies (Contract #487-15) Through the Hidalgo Hidalgo County’s Membership/Participation with the Texas Association Of School Boards (TASB) Buyboard’s Multiple Awarded Vendors for the Term of the TASB Contract Expiring on 10.31.18
1. Barnes & Noble Booksellers, Inc.
2. Discount School Supply
3. Gateway Printing & Office Supply, Inc.
4. Hatch, Inc.
5. Kaplan Early Learning Materials
6. Lakeshore Learning Materials
7. National Educational Systems, Inc.
8. Positive Promotions
9. School Specialty, Inc.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on 1 to 9.

Vote: 5 - 0 - Unanimously
 
C.
AI-52253
Discussion/Approval on Request to Purchase Tires, Tubes, and Automotive Parts, Supplies and Equipment (Contract #470-14) Through the Hidalgo County’s Membership/Participation with the Texas Association of School Board (TASB) Buyboard’s Multiple Awarded Vendors for the Term of the TASB Contract Expiring on 11.30.17
1. Bill Bunton Auto Supply and Machine, Inc.
2. Burton Companies
3. Goodyear Commercial Tire & Service Center
4. Napa Auto Parts (McAllen)
5. O’Reilly Auto Parts

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on 1 to 5.

Vote: 5 - 0 - Unanimously
Attachments:
 
D.
AI-52251
Discussion/Approval on Request to Purchase Office Supplies & Equipment (Contract #496-15)through the Hidalgo County’s Membership/Participation with the Texas Association of School Board (TASB) Buyboard’s Multiple Awarded Vendors for the Term of the TASB Contract Expiring on 10.31.18
1. Gateway Printing & Office Supply, Inc.
2. Gulf Coast Paper Company
3. School Specialty, Inc.
4. Staples Contract and Commercial, Inc.

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

Vote: 5 - 0 - Unanimously
 
E.
AI-52250
Discussion/Approval to Revise the Hidalgo County Head Start Program Area Distribution 2015-2016

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: 5 - 0 - Unanimously

Court proceeded to Item.18.A
 
17.
 
Planning Department:
 
A.
AI-52320
1. Preliminary Approval
a. Huisache Acres No. 12 Subdivision – Pct. 4 (Rick D. Harbison) (Val Verde [FM 1423] Road & Canton Road)
b. Jardin Del Sur Subdivision – Pct. 1 (Darrell Williams) (Minnesota Road & Val Verde [FM 1423] 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: 3 - 0 – Unanimously

2. Final Approval
a. San Joaquin Ph. 3 Subdivision - Pct. 1 (Tillmin Welch) (Val Verde [FM 1423] Road& Minnesota 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: 3 - 0 – Unanimously

3. Final Approval with Financial Guarantee
a. California Apartments Subdivision – Pct. 3 (Francisco J. Alanis) (Mile 5 North Road & Minnesota 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: 3 - 0 – Unanimously

Court proceeded to Item.25
 
18.
 
Precinct #3 - Comm. Flores:
 
A.
AI-52362
Pct 3-Veterans Blvd SH495 (1200):
1. Approval of certification of revenues as certified by the County Auditor for revenues received from the City of Palmview for the road improvements to Veterans Blvd (SH495).

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

 Vote: 5 - 0 - Unanimously

2. Approval of 2015 appropriation of funds into Pct 3 Veterans Blvd (SH495) in the amount of $461,570.00.

Correction: from $ 461, 570.00 to $ 421, 570

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

Vote: 5 - 0 - Unanimously
Attachments:
 
19.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-52384
Pct# 4 - Emergency SRV Linn SM (1100):
Approval of interfund transfer from Pct. 4 Rd. Maint (1200) to Emergency SRV Linn (1100) in the amount of $17,084.58. 

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:
 
20.
 
Budget & Management:
 
A.
AI-52445
Discussion, consideration and approval of TCDRS plan provisions for Plan Year 2016.

Sergio Cruz announced their recommendation of 100% of the CPI, which should yield the rate of 11.25% for the retiement contribution rate.

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

Vote: 5 - 0 - Unanimously
 
B.
AI-52444
1. Discussion, consideration, and authorization to apply for the FY2016-2017 Regional Solid Waste 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

2. Approval of a Resolution in support of the Regional Solid Waste Grant.

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

Mr. Cruz confirmed to Commissioner Flores that these grants are going to all precincts. They are trying to form a recycling efforts within the transfer stations.
Attachments:
 
C.
 
Interfund transfers:
 
1.
AI-52433
Various TXDOT Pct. 4 Projects (1315):
Approval of 2015 interfund transfer from CO2015A-Pct 4 (1347) to TxDOT-Pct 4 (1315) in the amount of $1,202,000.00 to fund expenditures related to 10th Street(SH107-FM1925) and Ware Road(M3N-M5N) Projects.

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
Attachments:
 
2.
AI-52338
Juvenile Boot Camp (1295):
Approval of interfund transfer from Co. Wide Adm.-Contingency (fund 1100) to Juvenile Boot Camp Transfers In (fund 1295) in the amount of $330,000.00.  

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.

 Vote: 5 - 0 - Unanimously
 
21.
 
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.
 
Pct. 1
 
1.
AI-52409
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services.

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

 Vote: 5 - 0 - Unanimously

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 services for Pct No.1 Mile 4 W (10N-12N) Mile 12N (FM 1015-2W).
 
  Sames, Inc Javier Hinojosa Engineering  Rio Delta Engineering 
Score 98 93 88
Ranking  1 2 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: 5 - 0 - Unanimously

C. Authority for the Purchasing Department to negotiate a professional contract with the No. 1 ranked firm Sames, Inc.for professional architect services for Pct No. 1 Mile 4 W (10N-12N) Mile 12N (FM 1015-2W).

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
B.
 
Pct. 2
 
1.
AI-52441
Approval to terminate the following contracts with R. Gutierrez Engineering Corporation:
Contract No. Approval Date:
C-05-229-06-21 June 21, 2005
C-07-358-09-04 September 4, 2007
C-12-314-01-29 January 29, 2012
C-03-167-06-03 June 3, 2003
C-14-085-04-08 April 8, 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
 
2.
AI-52432
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;  

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 5 - 0 - Unanimously
 
b. 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 "Plena Vista Subdivision" for Pct 2. 
 
Total Scores Cruz-Hogan Consultants, Inc. South Texas Infrastructure Group, LLC Quintanilla, Headley & Assoc.
Evaluator 1 96 94 92
RANKING 1 2 3

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

c. Authority for the Purchasing Department to negotiate a professional services agreement with the No. 1 ranked firm of Cruz-Hogan Consultants, Inc. for professional engineering services for "Plena Vista Subdivision" for Pct 2.

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
Attachments:
 
3.
AI-52375
A.  Acceptance and approval of Work Authorization No. 4 (with an estimated cost of $230,275.08) as submitted by project engineer L&G Consulting Engineers for engineering services for Pct 2 Nolana Loop Project located within Hidalgo County Precinct 2 through Contract No. C-15-097-03-17.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 5 - 0 - Unanimously

B.  Pursuant to contract with L&G Engineering, (Article 12) C-15-097-03-17, a request for approval by engineer to permit the subcontracting of AmaTerra Environmental, Inc. for the Nolana Loop Project.

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.
AI-52371
Requesting approval of Supplemental Agreement No. 9 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. 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
 
C.
 
Pct. 3
 
1.
AI-52359
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

Commissioner Cantu 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: 4 - 0 - Unanimously

 
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County’s approved “pool” in connection with geo-technical and construction material testing services required for Precinct No. 3 Projects (on an as needed basis).  
TOTAL SCORES L&G Engineering Millennium Engineers Group Earthco, LLC
Evaluator 1 99 92 75
Ranking 1 2 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

c.  Authority for the Purchasing Department to negotiate a professional engineering services agreement with No. 1 ranked firm of L & G Engineering for geo-technical and construction material testing services (on call as needed basis) Pct. 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
Attachments:
 
2.
AI-52406
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;  

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. 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 "South Detention Basin" for Pct 3.  


 
Total Scores Sames, Inc. LeFevre Engineering L&G Engineering
Evaluator 1 91 87 99
RANKING 2 2 1

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. Authority for the Purchasing Department to negotiate a professional service agreement with the No. 1 ranked firm of L & G Engineering for professional engineering services for "South Detention Basin," for Pct. 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

Ms. Salazar noted that this was going to be for the South Detention Basin, for precinct 1.
Attachments:
 
3.
AI-52358
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;  

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. 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 "FM 676 Project" for Pct 3. 
Total Scores L&G Engineering B2Z Engineering South Texas Infrastructure Group, LLC
Evaluator 1 99 91 94
RANKING 1 3 2

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. Authority for the Purchasing Department to negotiate a professional service agreement with the No. 1 ranked firm of L & G Engineering for professional engineering services for "FM 676 Projects," for Pct. 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
 
D.
 
IT Department:
 
1.
AI-52326
Mr. Renan Ramirez, CIO, HC-IT Dept., is requesting exemption from HCCC approved Orders for both Major and Minor Purchase Deadlines [as attached herein] so as to permit the processing of requisitions [as attached herein with all supporting documentation] with vendor assurances in writing of delivery prior to 12-31-15.

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
 
E.
 
Health & Human Services Dept.
 
1.
AI-52418
Approval for Co. Judge to execute Service Agreement requested by Health and Human Services through Mike Escaname, for CC to approve/replace (8-Cubic Yard) trash bin/container with Lid Locks to current account with the City of McAllen, for the Health and Human Service Clinic located at 300 E. Hackberry St., McAllen, Texas  78501.

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
Attachments:
 
F.
 
Budget & Management
 
1.
AI-52190
Approval for HC to exercise the second (2nd) (of two (2) possible) one (1) year extensions as provided in RFP No. 2013-155-11-20-YSI Excess Workers Compensation Insurance with acceptance and approval of Premiums & Fee Schedule as submitted by and through Montalvo Insurance Agency as 2016 Coverage in the total amount of $194,640.00 effective January 01, 2016 through January 01, 2017 with authority for County Treasurer to issue payment(s)/check(s) after review, audit and processing procedures completed by County Auditor with the authority for Valde Guerra, HCCC’s Executive Officer to sign any applicable 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: 3 - 0 – Unanimously
 
G.
 
Colonia Access Program Pct. 1
 
1.
AI-52327
Presentation for discussion, consideration, and action on a recommendation by project engineer Hidalgo County Planning Department, to award to lowest bidder meeting all specifications: 2GS, LLC in the amount of $197,079.50 for Bid No. CAP-15-332-10-14-YSS “Road Construction for Tijerina Subdivision”.

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:
 
H.
 
Sheriff's Office
 
1.
AI-52395
Acceptance and approval of "Certificate of Substantial Completion" from contractor, Central Air and Heating Service, Inc., reflecting the date of November 10, 2015 for the “Adult Detention Center and Law Enforcement Facility Roof &/or Air Condition Repairs &/or Replacement” as submitted and certified by project engineer, Chanin Engineering.

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 

Judge Garcia remarked that he abstained from voting on Item.14.C

Court proceeded to Item.17.A
Attachments:
 
22.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.087 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: 5 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI-52415
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Hub

No action taken on this item.
 
D.
AI-52416
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Palms

No action taken on this item.
 
E.
AI-52434
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Blue Bird

No action taken on this item.

Court proceeded back to Item.10
 
F.
AI-52330
Claim of Patricia Sanchez

No action taken on this item.
 
G.
AI-52333
Claim of Verizon

No action taken on this item.
 
H.
AI-52363
Claim of Debbie Casares

No action taken on this item.
 
I.
AI-52347
Civil Action No. 7:14-CV-00201; Nita L. Labude, ind. and as personal rep. of the Estate of Paul William Labude (decendant) v. County of Hidalgo, et al

No action taken on this item.
 
J.
AI-52377
Civil Action No. 7:14-CV-00438; David Carrizales and Rogelia Stabolito v. Guadalupe "Lupe" Trevino, Sheriff, et al

No action taken on this item.
 
K.
AI-52345
Yesenia Garza v. Russell Doaks Suits Jr. and Hidalgo County Sheriff's Department

No action taken on this item.
 
23.
 
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.

Vote: 4 - 0 - Unanimously

B. Requesting engagement with the firm of Thornton & Summers for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

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 in reference to Item.23.B.

Vote: 4 - 0 - Unanimously

Court proceeded to Item.27
 
24.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Commissioner Palacios did not returned from Executive Session.

Commissioners Cantu and Flores joined the meeting.


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

No action taken on this item.

Court proceeded to Item.24.F
 
C.
AI-52412
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Hub

Proceed as directed.
 
D.
AI-52417
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Palms

Proceed as directed.
 
E.
AI-52435
Deliberation regarding the following: Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Blue Bird

Proceed as directed.

Court proceeded back to Item.10
 
F.
AI-52331
Claim of Patricia Sanchez

Mr. Guerra requested for settlement authority to make an offer in the amount of $562.57

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

 Vote: 4 - 0 - Unanimously
 
G.
AI-52334
Claim of Verizon

Mr. Guerra requested for settlement authority to make an offer in the amount of $1,747.19

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-52364
Claim of Debbie Casares

Mr. Guerra requested for settlement authority to make an offer in the amount of $11,450 for property damages.

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
 
I.
AI-52348
Civil Action No. 7:14-CV-00201; Nita L. Labude, ind. and as personal rep. of the Estate of Paul William Labude (decendant) v. County of Hidalgo, et al

Mr. Guerra requested authority to sign for insurance coverage purposes and for further settlement negotiations, a consent to settlement for resolution with Markel Claims.



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: 4 - 0 -Unanimously
 
J.
AI-52378
Civil Action No. 7:14-CV-00438; David Carrizales and Rogelia Stabolito v. Guadalupe "Lupe" Trevino, Sheriff, et al

Mr. Guerra requested to have settlement in the amount of $50,000

The case was settled in mediation and Mr. Guerra stated there was a total amount of $60, 000 with the balance of the SIR to be tender to the carrier, in that they have already spent $60, 000 plus.

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
 
K.
AI-52346
Yesenia Garza v. Russell Doaks Suits Jr. and Hidalgo County Sheriff's Department

Refer to Item.23. A & B.
 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

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
 
26.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
27.
 
Adjourn

Mr. Guerra announced there will another meeting set for December 8, 2015.

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: 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 1st day of December, 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 December 1, 2015.

Signed this 1st day of DECEMBER 2015




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


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