SPECIAL MEETING - February 23, 2016
BE IT REMEMBERED, that on this 23rd day of February A.D., 2016, 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 February 23, 2016 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
Commissioner Joe. M. Flores was not present at the time of roll call.
Commissioner Joe. M. Flores was not present at the time of roll call.
2.
Pledge of Allegiance
Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
3.
Prayer
Mrs. Julia Sullivan led the courtroom in Prayer.
Judge Garcia requested a moment of silence to honor the memory of Mrs. Macaria De La Garza Gorena, who passed away February 11, 2016. For over 50 years she served as an educator for the Edinburg CISD.
Mrs. Julia Sullivan led the courtroom in Prayer.
Judge Garcia requested a moment of silence to honor the memory of Mrs. Macaria De La Garza Gorena, who passed away February 11, 2016. For over 50 years she served as an educator for the Edinburg CISD.
4.
Approval of Consent Agenda
The court moved to approve the Consent Agenda for the exception of Items. 4.B., 9.A.1., 11.B., 11.C. and 11.E.2. to be pulled for further discussion.
Commissioner Flores joined the meeting.
Commissioner Palacios stepped away from the meeting.
The court moved to approve the Consent Agenda for the exception of Items. 4.B., 9.A.1., 11.B., 11.C. and 11.E.2. to be pulled for further discussion.
Commissioner Flores joined the meeting.
Commissioner Palacios stepped away from the meeting.
5.
Open Forum
Opal Billman spoke about the petition for divorce demanded by her late husband, she stated that the presiding judge should have produced a fair division of assets. According to Mrs. Billman, the judge decided that her privately, debt free owned community property had no value. She implied that the case was never a divorce settlement, instead it became a political takeover of her private community property. Moreover, for the divorce process the court presumed the community property to be as listed. Mrs. Billman assured that commercial development has been built in her land. Mrs. Billman protested that Texas Law states that owners can remove their property but if it remains on their land it belongs to the estate.
Commissioner Palacios joined the meeting.
Fern McClaugherty stated her concerns over money and service support the county currently provides for all departments. She requested the ability to have the county identify gaps and services for the money requested to aid the departments. Mrs. McClaugherty indicated her interest for The Local Provider Participation Fund. She commented that the last report indicated that the participation hospitals has contributed about $77 million dollars, according to her, this amount is match by the state at a rate of $1.50 per 100. Moreover, she also expressed interest in the County Indigent Funding Requirement, during the initial discussion and creation of the hospital district it was state that if the hospital district was not created the county would then be responsible for all the health needs. She also mentioned that article 9. Of the Texas Constitution, stating that such hospital district should assume full responsibility for providing medical and hospital care to the need inhabitants of the county. Overall, she claimed that this commission supports raising taxes on the poor. She requested knowing where the money is going, stating that the money should go to the indigent. Furthermore, she claimed to the court that they are using the 1150 waiver in order to keep the money and use it in other ways.
Chloe Dotson Director of the Economic and Industrial Corporation with the City of Elsa, Texas spoke about the designation application. She indicated that Hidalgo County and the Urban County Program have been presented with a none legally binding MOU, through action and their attorney legal litigation stated that they cannot sign the none biding MOU without consent from Commissioner Court.
Opal Billman spoke about the petition for divorce demanded by her late husband, she stated that the presiding judge should have produced a fair division of assets. According to Mrs. Billman, the judge decided that her privately, debt free owned community property had no value. She implied that the case was never a divorce settlement, instead it became a political takeover of her private community property. Moreover, for the divorce process the court presumed the community property to be as listed. Mrs. Billman assured that commercial development has been built in her land. Mrs. Billman protested that Texas Law states that owners can remove their property but if it remains on their land it belongs to the estate.
Commissioner Palacios joined the meeting.
Fern McClaugherty stated her concerns over money and service support the county currently provides for all departments. She requested the ability to have the county identify gaps and services for the money requested to aid the departments. Mrs. McClaugherty indicated her interest for The Local Provider Participation Fund. She commented that the last report indicated that the participation hospitals has contributed about $77 million dollars, according to her, this amount is match by the state at a rate of $1.50 per 100. Moreover, she also expressed interest in the County Indigent Funding Requirement, during the initial discussion and creation of the hospital district it was state that if the hospital district was not created the county would then be responsible for all the health needs. She also mentioned that article 9. Of the Texas Constitution, stating that such hospital district should assume full responsibility for providing medical and hospital care to the need inhabitants of the county. Overall, she claimed that this commission supports raising taxes on the poor. She requested knowing where the money is going, stating that the money should go to the indigent. Furthermore, she claimed to the court that they are using the 1150 waiver in order to keep the money and use it in other ways.
Chloe Dotson Director of the Economic and Industrial Corporation with the City of Elsa, Texas spoke about the designation application. She indicated that Hidalgo County and the Urban County Program have been presented with a none legally binding MOU, through action and their attorney legal litigation stated that they cannot sign the none biding MOU without consent from Commissioner Court.
Attachments:
6.
County Judge's Office:
A.
AI-53503
Resolution in Honor of Border Texan of the Year Bob and Janet Vackar
Commissioners Court presented a Resolution in honor of Robert and Janet Vackar for the 2016 Border Texans of the Year.
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
Commissioners Court presented a Resolution in honor of Robert and Janet Vackar for the 2016 Border Texans of the Year.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI-53490
Discussion and approval of ratification of the Preliminary PSJA Promesas Del Valle Initiative Memorandum of Understanding in connection to the Letter of Support approved by Commissioners Court on 2-03-16.
Mrs. Yolanda Chapa explained to the court that they were informed about the need to have an Memorandum of Understanding. The MOU does not require any monetary commitment from Commissioners Court, they will be assigning County Judge Ramon Garcia as part of the advisory 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
Mrs. Yolanda Chapa explained to the court that they were informed about the need to have an Memorandum of Understanding. The MOU does not require any monetary commitment from Commissioners Court, they will be assigning County Judge Ramon Garcia as part of the advisory 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
Attachments:
7.
District Attorney's Office:
A.
AI-53246
1. Approval of contract between the Hidalgo County District Attorney's Office and the Texas Workforce Commission.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2. Approval for the District Attorney to sign and execute the contract as the authorized agent.
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
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
2. Approval for the District Attorney to sign and execute the contract as the authorized agent.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
8.
Sheriff's Office:
A.
AI-53484
Presentation and discussion of the 2015 Racial Profiling Report as presented by the Hidalgo County Sheriff's Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
B.
AI-53298
Pursuant to Hidalgo County Cellular Telephone Policy (AT&T, DIR-SDD-1777, presentation for consideration, acceptance and approval of Cellular Phone Request form (Data Link Card Request) for the following: Approval for requisition # 292208 for 8 Data Link Hosted Access for vehicle modems @ $37.99 per device.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI-53492
1. Approval to accept the award for K9s4COPS grant.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval subject to legal review.
Vote: 5 - 0 - Unanimously
2. Approval and authorization for County Judge, as authorized official, to sign terms and conditions agreement and any other required documents.
State Representative Terry Canales advocated on behalf of the Sheriff’s Department for the acceptance and approval of the K9s4COPS grant. Mr. Canales informed the court that he is the founder of K94COPS, at the last legislative session they approved hundreds of dogs for different states, and now are providing 2 dogs to protect the border. He stated that the dogs cost anywhere between $50,000 and $60,000 but these two are to no cost to the county.
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
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval subject to legal review.
Vote: 5 - 0 - Unanimously
2. Approval and authorization for County Judge, as authorized official, to sign terms and conditions agreement and any other required documents.
State Representative Terry Canales advocated on behalf of the Sheriff’s Department for the acceptance and approval of the K9s4COPS grant. Mr. Canales informed the court that he is the founder of K94COPS, at the last legislative session they approved hundreds of dogs for different states, and now are providing 2 dogs to protect the border. He stated that the dogs cost anywhere between $50,000 and $60,000 but these two are to no cost to the county.
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
9.
Executive Office:
A.
AI-53500
1. Consideration and possible approval of financial assistance for the proposed affordable housing project known as
Villa Verde
2. Consideration and possible approval of financial assistance for the proposed affordable housing project known as
Starlight Development
3. Consideration and possible approval of financial assistance for the proposed affordable housing project known as
Palmera Heights
Mr. Valde Guerra announced that after much discussion with legal counsel they have agreed to take no action on these items.
No action taken on 9.A.1 to 3.
Villa Verde
2. Consideration and possible approval of financial assistance for the proposed affordable housing project known as
Starlight Development
3. Consideration and possible approval of financial assistance for the proposed affordable housing project known as
Palmera Heights
Mr. Valde Guerra announced that after much discussion with legal counsel they have agreed to take no action on these items.
No action taken on 9.A.1 to 3.
10.
Health & Human Services Department:
A.
Health Care Funding District:
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
No action taken on this item.
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.
No action taken on this item.
11.
Adult Probation:
A.
AI-53455
Approval of Resolutions for the following 2017 Criminal Justice Division grants:
Domestic Violence Court Grant #3110401
DWI Court Grant #2413907
Veteran's Court Grant #2431506
Prostitution Court Grant #2752004
Re-entry Court Grant #2800303
Misdemeanor DWI Court Grant #2881402
Mental Health Court Grant #
The grant authorizes Mr. Patrick as the authorize agent.
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
Domestic Violence Court Grant #3110401
DWI Court Grant #2413907
Veteran's Court Grant #2431506
Prostitution Court Grant #2752004
Re-entry Court Grant #2800303
Misdemeanor DWI Court Grant #2881402
Mental Health Court Grant #
The grant authorizes Mr. Patrick as the authorize agent.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
Attachments:
12.
Elections Administration:
A.
Discussion and/or action, including but not limited to Elections updates
No action taken on this item.
No action taken on this item.
13.
Head Start Program:
A.
AI-53313
Discussion/Approval of Family Income Guidelines and Priority Guidelines for Selection and Enrollment for Program Year 2016-2017
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
The new guidelines are for new applications.
The poverty income guidelines for eligibility for the Head Start Program year 2016 -2017 are as follow.
Size of family #1 would be 100% Poverty Income Guidelines of $11,880 to 130% Poverty Income Guidelines of $15,444
Family of 2 would be $15,020 to $20,826
Family of 3 would be $20,160 to $26,208
Family of 4 would be $24,300 to $31,590
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
The new guidelines are for new applications.
The poverty income guidelines for eligibility for the Head Start Program year 2016 -2017 are as follow.
Size of family #1 would be 100% Poverty Income Guidelines of $11,880 to 130% Poverty Income Guidelines of $15,444
Family of 2 would be $15,020 to $20,826
Family of 3 would be $20,160 to $26,208
Family of 4 would be $24,300 to $31,590
Attachments:
B.
AI-53318
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to the County’s Surplus Department for Proper Disposition
No surplus department however, they do have an approve and contracted company for proper disposition.
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
No surplus department however, they do have an approve and contracted company for proper disposition.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
Attachments:
14.
Planning Department:
A.
AI-53456
1. Final Approval
a. Citrus Village Subdivision- Pct. 4 (Laura Coffman) (Benito Ramirez Road & Cesar Chavez Road)
b. Cantu Acres Subdivision- Pct. 4 (Edmundo Cantu) (Alberta Road & Raul Longoria Road)
c. Presidio Estates Unit 2 Subdivision- Pct. 1 (Bennett Flores Investments, LL) (Tower Road & Minnesota Road)
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Commissioner Flores stepped away from the meeting.
2. Final Approval with Financial Guarantee
a. MGM Platinum Ranches Subdivision- Pct. 4 (Richard Garza) (Curry Road &Alamo Road)
b. Los Osos Ph. 1 Subdivision- Pct. 4 (William A. Shwarz)(North 83rd Road & Mile 17 North Road)
c. Anali Subdivision- Pct. 3 (Osbel Flores) (Mile 9 North Road & Moorefield Road)
d. Charlie’s Estates Subdivision- Pct. 1 (Carlos Gonzalez) (FM 1015 & FM 1422)
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
3. Partial Reimbursement of Financial Guarantee
a. Vista Ridge Acres Ph. 5 Subdivision- Pct. 1
Mr. Arredondo informed the court that these two items are reimbursement with financial grantee. Vista Ridge Acres, developer put up $84,663.47 for street paving. They have completed construction and have met the inspections.
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. Aria Ranches Subdivision- Pct. 4
Developer is requesting reimbursement of $33,000 for the installation of 20 septic tanks.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
a. Citrus Village Subdivision- Pct. 4 (Laura Coffman) (Benito Ramirez Road & Cesar Chavez Road)
b. Cantu Acres Subdivision- Pct. 4 (Edmundo Cantu) (Alberta Road & Raul Longoria Road)
c. Presidio Estates Unit 2 Subdivision- Pct. 1 (Bennett Flores Investments, LL) (Tower Road & Minnesota Road)
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Commissioner Flores stepped away from the meeting.
2. Final Approval with Financial Guarantee
a. MGM Platinum Ranches Subdivision- Pct. 4 (Richard Garza) (Curry Road &Alamo Road)
b. Los Osos Ph. 1 Subdivision- Pct. 4 (William A. Shwarz)(North 83rd Road & Mile 17 North Road)
c. Anali Subdivision- Pct. 3 (Osbel Flores) (Mile 9 North Road & Moorefield Road)
d. Charlie’s Estates Subdivision- Pct. 1 (Carlos Gonzalez) (FM 1015 & FM 1422)
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
3. Partial Reimbursement of Financial Guarantee
a. Vista Ridge Acres Ph. 5 Subdivision- Pct. 1
Mr. Arredondo informed the court that these two items are reimbursement with financial grantee. Vista Ridge Acres, developer put up $84,663.47 for street paving. They have completed construction and have met the inspections.
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. Aria Ranches Subdivision- Pct. 4
Developer is requesting reimbursement of $33,000 for the installation of 20 septic tanks.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
15.
Precinct #3 - Comm. Flores:
A.
AI-53493
Approval of closing documents for the purchase of real property in the amount of $970,000.00 from Tress Enterprises, Inc. and authorize County Judge to execute same for LOS EJIDOS DE REYNOSA AN IRR TR W1268.06' LOT 377 75.0 AC NET.
Commissioner Flores joined the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Commissioner Flores joined the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B.
AI-53340
1. Approval of Certification of Revenues as certified by the County Auditor for revenues received from La Joya ISD, for road repairs of Western Rd.
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 2016 appropriation of funds into Precinct #3 Road Maintenance in the amount $27,009.00 for road repairs of Western Rd.
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
Mr. Villarreal explained that these damages were done by La Joya ISD, they are now providing the money to fix the road. However, the precinct will provide the labor.
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 2016 appropriation of funds into Precinct #3 Road Maintenance in the amount $27,009.00 for road repairs of Western Rd.
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
Mr. Villarreal explained that these damages were done by La Joya ISD, they are now providing the money to fix the road. However, the precinct will provide the labor.
Attachments:
16.
Budget & Management:
A.
Interfund transfers:
1.
AI-53476
Debt Service Funds (1444 & 1436):
A. Approval to transfer $60,715.44 from Capital Projects Fund 1330 (Series 2000) to Debt Service Fund 1444 (Series 2014B).
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. Approval to transfer $276.75 from Capital Projects Fund 1336 (Series 2006) to Debt Service Fund 1436 (Series 2006).
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
A. Approval to transfer $60,715.44 from Capital Projects Fund 1330 (Series 2000) to Debt Service Fund 1444 (Series 2014B).
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. Approval to transfer $276.75 from Capital Projects Fund 1336 (Series 2006) to Debt Service Fund 1436 (Series 2006).
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
17.
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).
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-53275
Acceptance and approval [as disclosed in the Inter-local Government Agreement, aka, ILA] by and between Hidalgo County Appraisal District and the County of Hidalgo for YR 2016, in connection with participation with (a)Hidalgo County's "Self-Funded Health Insurance Program, Stop Loss Insurance and Life/AD&D" and (b) "Voluntary Products"-Long Term Disability, Vision, Dental, Cancer, Critical Illness Insurance and additional Life Insurance including the full execution of document.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Attachments:
B.
Pct. 1
1.
AI-53358
Acceptance and approval of the following listed construction contract documents as awarded by Commissioners' Court on February 03, 2016 (AI#53203) and as reviewed and approved by Legal Counsel for:
Ms. Salazar emphasized that these two are subject to compliant with HB 1295.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
| PROJECT NAME | CONTRACT No. | AWARDED CONTRACTOR: | AMOUNT: | |
| 1) | "Hidalgo County Precinct No. 1 – Paving & Drainage Improvements to: Mile 4W (10N - 12N)" | C-16-027-02-03 | Texas Cordia Construction, LLC | $628,528.50 |
| 2) | "Hidalgo County Precinct No. 1 – Paving & Drainage Improvements to: Mile 12N (FM 1015 – 2W)" | C-16-028-02-03 | M. J. A. Construction, LLC | $155,897.80 |
Ms. Salazar emphasized that these two are subject to compliant with HB 1295.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
C.
Pct. 2
1.
AI-53488
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: 5 - 0 – Unanimously
B. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of professional engineering services for Hidalgo County Precinct No. 2 "Boy & Girls Club Facility Project".
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
B. Presentation of scoring grid (for the purposes of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of professional engineering services for Hidalgo County Precinct No. 2 "Boy & Girls Club Facility Project".
| L & G Consulting Engineers, Inc. | S & B Infrastructure, LTD | Hinojosa Engineering, Inc. | |
| SCORE | 96 | 92 | 94 |
| RANKING | 1 | 3 | 2 |
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
C. Authority for the Purchasing Department to negotiate a professional services agreement commencing with the No. 1 ranked firm of L & G Consulting Engineers, Inc. for professional engineering services for Hidalgo County Precinct No. 2 "Boys & Girls Club Facility Project".
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
D.
Pct. 3
1.
AI-53330
Pursuant to Article 14 of the "professional engineering services" agreement #C-15-161-11-17 with L&G Consulting Engineers, Inc. d/b/a L&G Engineering, is requesting approval to engage the services of Sub-Contractor (AmaTerra Environmental, Inc.) with adherence to insurance provisions required by said article.
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
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
E.
Pct. 4
1.
AI-53487
a. Acceptance and approval of "AMENDMENT" to the AIA B101-2007 Standard Form of Agreement (C-13-072-09-03) with Mata-Garcia Architects, L.L.P. for the purposes of “Design and Construction of the San Carlos Community Resource Center (located at corner of State Highway 107 and Sunflower Road) within Hidalgo County Precinct No. 4 to modify and include [landscaping / irrigation / structural / electrical/ observation / coordination] with an increase in Architectural fees in the amount of ($ 27,900.00), subject to compliance with HB1295 [if and when applicable];
Ms. Salazar emphasized that this item would be subject to the following corrections, on page 2 Item.#1 will gro from $112,900 to $112,400 and Item.#2 on page 2 is not $84,000 but rather $82,435.84
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 with correction.
Vote: 5 - 0 - Unanimously
Ms. Salazar emphasized that this item would be subject to the following corrections, on page 2 Item.#1 will gro from $112,900 to $112,400 and Item.#2 on page 2 is not $84,000 but rather $82,435.84
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 with correction.
Vote: 5 - 0 - Unanimously
b. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a "professional architectural 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: 5 - 0 – Unanimously
c. Presentation of the scoring grid (for the purposes of ranking by CC) the firm graded & evaluated through the County’s approved “pool” of Architectural Firms for the purposes of “Repairs/Renovations/Remodeling, Additions/Alterations and/or Building Review/Assessment Related Services on a [per project basis] for County-owned Buildings/Structures” located within Hidalgo County Precinct No. 4, subject to compliance with HB1295 [if and when applicable];
ARCHITECTURAL FIRMS
| Totals | Gignac & Associates, LLP | Gomez, Mendez & Saenz, Inc. | Mata-Garcia, Architects, LLP |
| Scores | 93 | 94 | 98 |
| Ranking | 3 | 2 | 1 |
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. Authority for the Purchasing Department to negotiate an "on call" professional Architectural Services Agreement for the purposes of “Repairs/Renovations/Remodeling, Additions/Alterations and/or Building Review/Assessment Related Services on a [per project basis] for County-owned Buildings/Structures” located within Hidalgo County Precinct No. 4, with the No.1 ranked firm Mata-Garcia, Architects, LLP for Architectural 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: 5 - 0 – Unanimously
Attachments:
F.
District Attorney:
1.
AI-53494
Acceptance and approval of submitted summary(s) and recommendations by Hidalgo County District Attorney, Hon. Ricardo Rodriguez, Jr. presented by Hon. Josephine Ramirez-Solis. Asst. DA-Civil Section [in connection with HB23 and Modified Conflict of Interest Questionnaire] distributed for review to CC on 02-16-16.
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
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
18.
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. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
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. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
A.
Real Estate Acquisition
No action on this item.
No action on this item.
B.
Pending and/or potential litigation
No action taken on this item.
No action taken on this item.
C.
AI-53457
EEOC Charge No. 451-2016-00607; Claim of Claudia Quiroga
No action taken on this item.
No action taken on this item.
D.
AI-53485
Cause No. C-5589-15-F; Hidalgo County v. Volkswagen Group of America, Inc., Audi of America, LLC and Porsche Cars North America, Inc.
No action taken on this item.
No action taken on this item.
E.
AI-53496
C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1
No action taken on this item.
No action taken on this item.
F.
AI-53470
Claim of Santiago A. Lara & Santiago Lara Martinez
No action taken on this item.
No action taken on this item.
19.
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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Requesting engagement with the firm of Preston Henrichson, PC. for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement for the EEOC charge No.451-2016-00607; Claim of Claudia Quiroga.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Requesting engagement with the firm of Preston Henrichson, PC. for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement for the EEOC charge No.451-2016-00607; Claim of Claudia Quiroga.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
20.
Open Session:
A.
Real Estate Acquisition and appropriation for same
No action taken on this item.
No action taken on this item.
B.
Pending and/or potential litigation
No action taken on this item.
No action taken on this item.
C.
AI-53458
EEOC Charge No. 451-2016-00607; Claim of Claudia Quiroga
Refer back to Item.19.A. & B.
Refer back to Item.19.A. & B.
D.
AI-53486
Cause No. C-5589-15-F; Hidalgo County v. Volkswagen Group of America, Inc., Audi of America, LLC and Porsche Cars North America, Inc.
No action taken on this item.
No action taken on this item.
E.
AI-53497
C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1
No action taken on this item.
No action taken on this item.
F.
AI-53471
Claim of Santiago A. Lara & Santiago Lara Martinez
Proceed as directed.
Proceed as directed.
21.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
No action taken on this item.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
No action taken on this item.
22.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
No action taken on this item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
No action taken on this item.
23.
Adjourn
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
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 23rd day of February, 2016
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 February 23, 2016.
Signed this 23rd day of FEBRUARY 2016
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 23rd day of February, 2016
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 February 23, 2016.
Signed this 23rd day of FEBRUARY 2016
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Norma G. Cantu, Deputy