Skip to main content

AgendaQuick™

Minutes for CC - REGULAR

SPECIAL MEETING - March 22, 2016

BE IT REMEMBERED, that on this 22nd day of March 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 JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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
March 22, 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 Eduardo "Eddie" Cantu was the only absentee.
 
2.
 
Pledge of Allegiance

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

Mrs. Virginia Townsend led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

Commissioner Palacios stepped away from the meeting.

The court moved to approve the Consent Agenda for the exception of Item.9.A., 12.B. and 12.E. to be pulled for further discussion.
 
5.
 
Open Forum

1) Mrs. Verdelle E. Anderson spoke about the recurrent concerns about the potholes around the precinct 3 area. She mentioned that aside from the potholes that were already fixed, two more opened between 7 and 8 mile. According to Mrs. Anderson she was told to put a claim on damage caused to the tie rod, she mentioned that someone went to take in the claim and investigate the pothole. At the time of the inspection she informed the person that she could not recall the specific pothole that affected the tie rod. Later she received a denial letter and expressed that she has no reason to lie about the damage.

Mrs. Anderson requested for Commissioner Flores to go and speak with her personally.

Commissioner Palacios joined the meeting.

Commissioner Flores expressed that he would have Mr. Villarreal meet with her. She informed the commissioner that Mr. Villarreal has been to talk with her. She solicited for the commissioner to personally go meet with her.
The commissioner mentioned that he passed through that specific road and the potholes are not as bad as they are making it seem or even compare to other precincts. He acknowledged some bad potholes on La Homa Road and announced that the road is being worked on as they are getting ready to make it a 4 lane road.

Court proceeded to Item.11.A.

2) Mrs. Juanita Torrez presented an invitation to the court members to attend the 13th Annual "Justicia y Cambio" March. The march will take place on April 2, 2016 from 9 a.m. to 1 p.m.

3) Norma Saldaña spoke about a letter she received from TXDOT in 2014; indicating that they might be constructing a toll road near her home. Mrs. Saldaña remarked to the court that her husband is a 30 year decorated veteran, he served this country and is 100% disable. According to Mrs. Saldaña the proposed road if constructed will cut through the front of their ranch.

She informed the court that she has joined other neighbors and have been to the capital to plead in front of the court.

Mrs. Saldaña circulated a handout by C&M an engineering firm, presenting a 40 year study. According to Mrs. Saldaña the study indicates that 60% of the Mexican vehicles that will use this road will ride for free, she also mentioned that the company they are intending to turn over just filed for bankruptcy in Austin.

According to Mrs. Saldaña the road will condemn the surrounding homes and split some of the properties.

4) Fern McClaugherty stated that she has received calls from people claiming that there’s a constable that has a liaison who helps driving. She demanded knowing the reason for having a liaison for a constable.

Mrs. McClaugherty expressed her discontent with the appreciation that the Schools for South Texas Independent School District bestowed upon Commissioners Court. She noted that the South Texas ISD should have included all the tax payers in those acknowledgments.

In reference to the new landscaping for the San Carlos Community Resource Center in precinct 4, Mrs. McClaugherty stated her opposition. She claimed that most landscaping in other county buildings die from a lack of maintenance and that potentially this could also happen at the San Carlos center.

Moreover, she spoke about the total amount predicted for the construction of the new courthouse. She stated that it was published that it was going to cost about $150 million dollars total, including the contribution from the City of Edinburg. According to Mrs. McClaugherty the complete total is of $180 million including the $30 million from the city.

Commissioner Cuellar stepped away from the meeting.

5) Opal Billman spoke about the unfair division of her debt free community property. According to Mrs. Billman the court presiding over her divorce decided that their community property was excess land with no value. She claimed that $650,000 was divided, giving 59% to Mr. Billlman and 41% to her. The 13th Appellate Court affirmed this decision. Mrs. Billman claimed that the court awarded all her property to a state certified corporation.

Commissioner Cuellar joined the meeting.

Mrs. Billman stated that on June 9, 2006 two females claiming to have bought land from the corporation endowed the property to the Lone Star National Bank for $60,028.70 also on October 23, 2007 the court sold from the corporation a strip of her land for $280,384 to the City of Mission. Later in 2010 part of her property was sold to the International Bank of Commerce for the amount of $720,000

Mrs. Billman demanded the removal of all the buildings constructed on her property.

6) Virginia Townsend spoke against the construction of the new courthouse; she claimed that she has received phone calls of people who are against the new courthouse. Mrs. Townsend speculated that this is not the right time to spend that amount of money, because the county, the state and the nation are not in good financial shape. Mrs. Townsend stated that her answer to all those individuals who are against the new construction is that the people working at the courthouse are the ones pushing for it.

7) Mr. Jaime Longoria Community Service Agency came to inform the court about the recent elections for the members of the board for the low income sector. He acknowledged all the cooperation from various departments who provided their support. He specially thanked Mrs. Yvonne Ramon with the Elections Department and her staff, Brenda, Michael and Melissa. The elections department developed maps that broke the county into three districts. They also provided ballot boxes and guidence on how to conduct the elections. Mr. Longoria also thanked District Attorney Mrs. Josephine Ramirez and her civil staff Mr. Erin Thorn and Mr. Victor Garza. Mr. Longoria thanked them for all their legal advice and the conduct of the election.

Mr. Longoria informed the court that they had 12 polling locations, and thanked the City of Elsa, Precinct 1.Commissioner Cuellar, and the City of San Juan and City of La Joya.
 
6.
 
County Judge's Office:
 
A.
AI-53829
Proclamation in support of Colorectal Cancer Awareness Month.

Commissioners Court presented a proclamation in support of Colorectal Cancer, spreading the word to encourage everyone to have regular screening.

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

Members of the Doctors Hospital at Renaissance thanked Commissioners Court for all their support and emphasized on the importance of early screening. 

Practice Administrator Mr. Noe Gutierrez, Jr. informed the court about their financial counselors and the DHR care, which people could utilize to guide them through their financial inquires. 

The DHR members also announced an upcoming event “Walk With the Doc” schedule for Thursday, March 24, 2016 at 5:30 p.m. The event is free and open to the public, they’ll provide more information on colorectal cancer.
 
B.
AI-53544
Discussion and approval of Amendments to the Hidalgo County Thoroughfare Plan as approved by the Hidalgo County MPO Transportation Policy Committee on February 18, 2016.

Mr. Andrew Canon, Director of the Metropolitan Planning Organization spoke about the annual housekeeping on the Thoroughfare Plan. He presented the court with a list of all the cities and precincts that were looked at.  

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

Commissioner Palacios addressed some concerns in regards to the courthouse, and the responsibilities of each party. The commissioner stated that there’re a lot of questions in regards to what belongs to who and the responsibilities of each. They’ll be meeting with the City of Edinburg, TXDOT and the MPO to discuss those issues.

Mr. Canon stated to the commissioner that he understands the inquires, and knows the money comes from two different sources. He also commented to Commissioner Flores that it's too soon to come up with a figure amount.
Attachments:
 
7.
 
District Attorney's Office:
 
A.
AI-53693
DA's Office- Border Prosecution Grant/BPU (1281):
Approval to apply for the FY 2016-2017 Border Prosecution Unit Grant.

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
 
B.
AI-53691
District Attorney's Office - LEOSE (1220):
1.)  Approval of certification of revenues by the County Auditor for the 2016 LEOSE allocation of the District Attorney's Office in the amount of $968.43.

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.) Approval of Budget Amendment to appropriate the 2016 LEOSE allocation from the State Comptroller in the amount of $968.43.

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

Judge Garcia openly thanked and acknowledged District Attorney Ricardo Rodriguez for all his involvement in the “Second Chance Program” for first time offenders.
 
8.
 
County Courts at Law:
 
A.
AI-53841
County Court #1:
Approval to reimburse Albert Cortez, Bailiff, the amount of $50.00 for surety bond paid by employee, with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.

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:
 
9.
 
Constables:
 
A.
AI-53723
Constable Pct. 1 LEOSE (1220):
1. Approval of certification of revenues, as certified by the County Auditor, for the 2016 LEOSE (Peace Officer Allocation) funds award received from the Texas Comptroller of Public Accounts Office.
2. Approval of 2016 appropriation of funds for the Constable Pct. 1 - LEOSE (1220) in the amount of $1,584.76.

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 and 2.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
Attachments:
 
B.
AI-53733
Constable Pct.1 Office - LBSP FY17 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY17 grant with the Office of the Governor's Homeland Security Grants Division (HSGD), through egrants.
2. Authorization for County Judge, as authorized official, to e-sign application under egrants as authorized official.

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 and 2.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
 
C.
AI-53695
Constable Pct.3 Office - LBSP FY17 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY17 grant with the Office of the Governor's Homeland Security Grants Division (HSGD), through egrants.
2. Authorization for County Judge, as authorized official, to e-sign application under egrants as authorized official.

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 and 2.

Vote: 3 - 0 - Unanimously
Attachments:
 
10.
 
Sheriff's Office:
 
A.
AI-53803
Operation Stonegarden (1284):
Authorization and approval to de-obligate $20,000.00 of Weslaco Operation Stonegarden 2014 overtime funds to allocate to Sheriff OPSG 14 grant.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
Attachments:
 
B.
AI-53802
Operation Stonegarden (1284):
Authorization and approval to de-obligate $6,000.00 of Hidalgo County Constable PCT. 3 Operation Stonegarden 2014 mileage funds to allocate to Hidalgo County Sheriff's Office (HCSO).



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
 
C.
AI-53722
Authorization and Approval to apply for the FY2016 State Criminal Alien Assistance Program (SCAAP) with the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.

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
 
D.
AI-53765
1. Authorization and Approval of Memorandum of Agreement between Tropical Texas Behavioral Health and the Hidalgo County Sheriff's Office to establish a mental health peer support re-entry program for HCSO inmates.

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. Authorization for Hidalgo County Sheriff to sign agreement.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
Attachments:
 
E.
AI-53781
Pursuant to Hidalgo County Cellular Telephone Policy (Sprint HGAC CW-10-14),presentation for consideration, acceptance and approval of Cellular Phone Request form (Business Fusion Pooled Data Plan) for the following: Approval for requisition #294997 for 211 Business Fusion 3GB Pooled Data Plan Cards @ $30.00 per device.

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

Court proceeded to Item.11.B.
 
11.
 
Executive Office:
 
A.
AI-53550
Presentation to Commissioners Court by South Texas Independent School District in appreciation of their service and support to the school community

Marla M. Guerra Superintendent of schools for South Texas Independent School District presented a delegation of 8 members.  Mrs. Guerra presented the court members with a tribute for all their support.

Board Member Mr. Joe Lopez expressed his gratitude for all the support that they receive from Commissioners Court. He also acknowledged Board Secretary Maria Leal, Past President Homero Garcia, Grace Camargo, Yolanda Cuellar, Javier Farias, Yolanda Chapa, Romeo Montalvo and Sylvia Garza. Mr. Lopez informed that they’re 24 members across the county area.

Once more he recognized the support by the court and benefits provided to the students. 

No action taken on this item.

Court proceeded back to a correction on Consent Agenda.
Attachments:
 
B.
AI-53790
Introduction of Hidalgo County Fire Marshal Homero Garza

Commissioners Court introduced and welcomed the new Hidalgo County Fire Marshall Mr.  Homero Garza.
 
Mr. Valde Guerra recalled going through an extended process to select the new Hidalgo County Fire Marshall.
 
The Fire Marshall thanked the county for the opportunity and expressed his eagerness to start working for the citizens of Hidalgo County.
 
C.
AI-53568
1. Delinquent Tax Collection Report for the period of October 1, 2015 through December 31, 2015

Representatives from Linebarger Goggan Blair & Sampson, LLP presented the tax resale of properties sold in the county for the period of October through December 2015. Over that period of time the firm sent out three mass mailing notifications, county wide. It involved 38,000 statements and involving over $6.5 million dollars on delinquent owned to Hidalgo County. Through their county wide offices, one in each precinct they were able to approach individuals through 11,000 telephone contact, 19,000 walk-ins, 1,600 property inspections and 938 pay off requests.
 
In terms of litigation, the firm filed 303 new lawsuit or interventions on behalf of the county and the drainage district. They were able to secure 17 Tax warrants, disposed of 106 lawsuit cases, and obtained 156 judgments. The pending litigation as of March 4, 2016 consists of 2,149 cases and $4,961,594 in delinquency.  For the months of November and December of 2015, they had tax sales involving about 69 properties, 26 of those properties were struck off because the bids did not meet the minimum owned. They will be bringing those properties back for resale. Out of those 69 properties, 23 were sold, 3 were paid off prior to sell, and 7 were pulled off for various reasons. The 23 properties that were sold resulted with $72,010 of revenue for the county. Year to date for 2015 to 2016 fiscal year the delinquent tax roll is nearly $1 million dollars less than the prior year. Revenues are down but are about the same percentage in terms of collections year to date.
 
The firm will continue their work plan by utilizing mailing, personal contact, litigation, judgment and community outreach. A tax sale and resale were conducted on March 1, 2016 and preliminary numbers show at least $1,215,838 of appraised value to be placed back on the assessed tax roll.
 
Mrs. Kelly Rivera Salazar spoke about community outreach from their office along with the Hidalgo County Appraisal District and Tax Assessor Office are offering free presentations to the public regarding property taxes. The first presentation for the first quarter was completed at the Weslaco library and the next meeting is scheduled for early May at the McAllen Public Library. 

2. Discussion and action on tax resale bids received on the properties described: (see attached list)

Lucy Canales presented a packet with the 34 properties they received bids on from the public auction held on March 1, 2016. If these properties are approved by Commissioners Court it could generate $800,000 on the tax roll. 

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 

Commissioner Flores joined the meeting and Commissioner Cuellar stepped away.

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

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: 3 - 0 – Unanimously
 
D.
AI-53629
County Wide Insurance (1100):
1. Approval to accept the quote for the increase of accident insurance coverage for 100 additional volunteers from Montalvo Insurance Agency (for 2016) and authorization for Executive Officer to sign documents as needed. If approved, Montalvo Insurance Agency will invoice the county at a later date the amount as quoted.

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: 3 - 0 – Unanimously

2. Approval of payment of invoice (when received) from Montalvo Insurance Agency in the amount of $469.00 for accident insurance coverage for 100 additional volunteers with authority for County Treasurer to issue check after review and processing procedures are completed by the County Auditor.

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: 3 - 0 – Unanimously

Commissioner Cuellar joined the meeting.
Attachments:
 
E.
AI-53787
Approval to accept Money Order from Rose E. Vargas in the amount of $475.00 to settle auto claim accident with County vehicle. (Precinct 4)

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
 
12.
 
Human Resources:
 
A.
AI-53808
Sheriff's Office (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

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

 Vote: 4 - 0 - Unanimously

2. Discussion, consideration and approval of the following personnel actions, effective next full pay period:
 
Action Dept. /
Program
Slot No. Position
Title
Current
Budgeted Salary/
Allowance
Proposed
Position
Title
Proposed
Budgeted
Salary/
Allowance
Add Clothing Allowance 280-001 0194 Deputy Sheriff Step I $0.00 - $500.00
Delete / 
Remove Clothing Allowance

280-001
 

0006
 

Captain
 
$68,959.00
-
 
$0.00
$500.00 $0.00
Salary Adjustment/
Increase
280-001 0034 Crime Scene Specialist
Supervisor
$49,593.00 - $51,093.00
Salary Adjustment/
Increase
280-001 0042 Crime Scene Specialist $47,527.00 - $49,027.00
Salary Adjustment/
Increase
280-001 0043 Crime Scene Specialist $47,527.00 - $49,027.00
Salary Adjustment/
Increase
280-001 0044 Crime Scene Specialist $47,527.00 - $49,027.00
Reclassification 280-001 0379 Technician IV $39,369.00 Systems Network Administrator $49,369.00
Create / 
Add Clothing Allowance

280-001
 

0423
 

-
 
$0.00
Sergeant Step I
 
$48,780.00
$0.00 $500.00


Mr. Silguero informed the court that all these items are at no cost to the budget and are neutral transactions.

Mr. Guerra reminded the court that this was the item he requested no action in the previous meeting. They have been working with the Sheriff's Department and are now recommending action. 

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

 Vote: 4 - 0 - Unanimously
 
3. Approval of intradepartmental transfer.

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

Vote: 4 - 0 - Unanimously

4. Approval to revise the salary schedule 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.

Vote: 4 - 0 - Unanimously
 
B.
AI-53805
Constable Precinct #3 (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

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

 Vote: 4 - 0 - Unanimously

2. Discussion, consideration, and approval of the following personnel actions:
 
Action Dept./
Program
Slot # Position Title Budgeted
Salary
Delete 293-001 0014 Administrative Assistant I <$24,810.00>
Create 293-001 0024 Administrative Assistant II $28,940.00


According to Mr. Silguero, Constable Gallardo is the last one to have this kind of position. Due to the nature of the work he is just trying to balance the pay. 

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 subject to budget transfer. 

Vote: 4 - 0 - Unanimously

Commissioner Palacios stepped away from the meeting.

Mrs. Linda Fong approached the board to informed them that the Budget Office included a fiscal note,and funding is yet to be identify.

Mr. Silguero expressed that this would be subject to the budget transfer. 

Mr. Guerra affirmed to the court that all the appropriate transfers would be done.


3. Approval of interdepartmental transfer.

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

 Vote: 3 - 0 - Unanimously

4. Approval to revise salary schedule 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.

Vote: 3 - 0 - Unanimously
Attachments:
 
13.
 
Health & Human Services Department:
 
A.
AI-53757
Requesting approval to submit renewal grant application for the CPS/HAZARDS program for FY 17 in the amount of $574,166.00.  The grant contract will be in effect from July 1, 2016 through June 30, 2017.  This grant requires a ten percent local funding match.   

Mr. Olivarez informed the court that this match has already been reviewed by the budget office. 

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

Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-53763
Requesting consideration and approval of the Interlocal Cooperation Agreements Between The County of Hidalgo and the following school districts.  The purpose of the Agreements is Public Health Preparedness and Response.  
1.  Donna Independent School District
2.  Edcouch / Elsa Independent School District 
3.  Edinburg Independent School District 
4.  Hidalgo Independent School District 
5.  La Joya Independent School District 
6.  La Villa Independent School District 
7.  McAllen Independent School District 
8.  Mercedes Independent School District 
9.  Mission Independent School District 
10. Monte Alto Independent School District 
11. Progreso Independent School District  
12. Pharr-San Juan-Alamo Independent School District
13. Sharyland Independent School District 
14. Weslaco Independent School District 
15. Valley View Independent School District

Mr. Olivarez disclosed that legal has approved. 

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 from 1 to 15.

 Vote: 3 - 0 - Unanimously
 
C.
AI-53727
Requesting approval for Eduardo Olivarez, Chief Administrative Officer, to serve as member of the Preparedness Coordinating Council for a term to end December 2021.   

Commissioner Palacios joined the meeting.

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

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI-53728
1.  Requesting approval of the Certification of Revenue by County Auditor in the amount of $137,290.20.  Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming reimbursement. 

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.  Requesting approval to appropriate the MAC budget in the amount of $137,290.20.  

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.
 
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.
 
F.
 
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.
 
2.
AI-53712
Approval to send signed letter from Hidalgo County to HHSC regarding Knapp Medical Center.

Mr. Olivarez notified that this letter needs to be sent out for funding allocations. He informed the court that this has nothing to do with the county funding. Nevertheless, there is a letter that's required that would support that there's about $1,910.919.14 were that money, UPL would be transition from Knapp Medical. Once more he expressed that this issue has nothing to do with the county, but since the county is the anchor they have to deal with al these issues. The information has been reviewed by Mr. Steve Crain and legal. 

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

Vote: 4 - 0 - Unanimously
Attachments:
 
14.
 
Emergency Management:
 
A.
AI-53799
Discussion and action for the adoption of a Resolution of the Hidalgo County Hazard Mitigation Action Plan, March 2016.

Ricardo Saldaña, Emergency Management Coordinator presented a Resolution for the Hazard Mitigation Action Plan, March 2016.
 
The plan has been prepared in accordance with FEMA regulations and requirements. Under the Mitigation Acton Plan, state and local government must have approval and adoption mitigation plan in placed in order to be eligible for assistance.

Hidalgo County was awarded mitigation grant to develop a multi hazard mitigation action plan.

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
 
15.
 
Community Service Agency:
 
A.
AI-53754
1.  Discussion and possible action to authorize the Hidalgo County Community Service Agency to enter into a memorandum of understading (MOU) with the Texas Department of Health and Human Services Commission regarding Online Community Based Application Assistance Services.

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

2.  Authorization to designate Jaime R. Longoria to electronically sign the MOU on behalf of the County of Hidalgo. 

Mr. Longoria informed the court that this is a none financial MOU and Mrs. Josephine Ramirez and her staff have reviewed and approved. 

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:
 
16.
 
Urban County:
 
A.
AI-53839
1. Hold a Public Hearing to consider public comments for Urban County Program’s (UCP) proposed substantial amendment to the Five (5) Year Consolidated Plan, 2013 One Year Action Plan and 2014 One Year Action Plan. The proposed substantial amendment will delete an activity, add activities, transfer funds, change funding sources, change goal outcome indicators, change quantities and change units of measure within UCP’s three plans (Five (5) Year Consolidated Plan, 2013 One Year Action Plan and 2014 One Year Action Plan).

Judge Garcia Opened Public Hearing.
 
Mrs. Serna informed the public that this action is going to delete an activity, add activities, transfer funds, change funding sources, change goal outcome indicators, change quantities and change units of measure with UCP’s three plans (5 year consolidated plan, 2013 One year action plan and 2014 One year action plan).
 
Mrs. Serna mentioned that this was only a correction of the consolidated plan that was submitted 3 years ago. Basically they’ll be changing indicators, when they first submitted the plan they were told that they needed to identify fire stations, park and streets, as one public facility. They are now, asking to identify the total individuals they’re going to be assisting. Therefore, they are changing it from one facility to the 80,000 people that will be benefiting.  All in all, they’re keeping all consolidated plan accurate and providing more information to the public.

No public comments were presented.
 
Judge Garcia Closed Public Hearing.

2. Requesting approval of a substantial amendment to Urban County Program’s Five (5) Year Consolidated Plan, 2013 One Year Action Plan and 2014 One Year Action Plan.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI-53836
Approval of Proclamation declaring March 28th - April 2nd as CDBG Week.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
C.
AI-53837
Approval of a Proclamation declaring April 2016 Fair Housing Month

Commissioner Palacios stepped away from the meeting.

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

 Vote: 3 - 0 - Unanimously
Attachments:
 
D.
AI-53785
Subject to compliance with HB 1295, when and if applicable, The Urban County Program on behalf of the City of Granjeno is requesting consideration and action to award and enter in into a construction contract with JCON Construction, LLC in the amount of $328,800.00. UCP Funds in Years 27 & 28  (2014 & 2015) Parks, Recreational Facility Improvement line items will be utilized.

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

Vote: 3 - 0 - Unanimously
 
E.
AI-53851
Requesting authority to enter into a 36-Month new (capital) lease for two digital copiers, Ricoh MPC4503 and Ricoh MP5054SP, through our membership/participation with (DIR) Department of Information Resources awarded vendor, Ricoh USA/GE Ricoh USA contract DIR-TSO-3041 in the amount of 883.24/month effective upon delivery/installation and subject to HB-1295 compliance, when and if applicable. The lease payment includes service plan with consumable for the two copiers. 

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

Vote: 3 - 0 - Unanimously
Attachments:
 
F.
AI-53838
1. Urban County Program is requesting approval of Change Order No. 3 to a construction contract with Saenz Brothers Construction, LLC for a City of La Villa - Waste Water Improvements Project. The Change Order will increase the construction contract amount by $116,231.70 for a total construction contract amount of $699,231.70 utilizing FY 26 (2013) La Villa Water/Sewer Improvements funds.

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

 Vote: 3 - 0 - Unanimously

Mrs. Serna mentioned that this is recommended by them and is under the 25% increase.

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

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

Vote: 3 - 0 - Unanimously
Attachments:
 
17.
 
Elections Administration:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

Mrs. Hilda Salinas spoke on behalf of Mrs. Yvonne Ramon who could not attend the meeting due to other duties. Mrs. Salinas updated the court on the current election dates for the city school elections, as well as the runoff election coming up in May. She informed the public that the last day to register to vote for city school election and the runoff is April 7, 2016. The first day of early voting is set for April 25, 2016 continuing to May 3, 2016. With Election Day set for May 7, 2016. The last day to register for primary runoff election is April 25, 2016 and first day of early voting is May 16, 2016 and will continue until Friday, May 20, 2016 with Election Day to be on May 24, 2016.

The Hidalgo County Elections Department encouraged all county residents and county employee’s to get out and vote.
Attachments:
 
18.
 
Auditor's Office:
 
A.
AI-53710
Requesting approval to submit the "Pro Rata Tobacco Settlement Distribution County Expenditure Statement - 2016" to the Department of State Health Services, and authorize County Judge to execute the report.

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

 Vote: 3 - 0 - Unanimously
 
19.
 
Planning Department:
 
A.
AI-53794
1. Preliminary Approval with Variance Request
a. Alma Casandra Estates Subdivision- Pct. 1 (Reynaldo Robles) (Victoria Road & Mile 10 North Road)

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

 Vote: 3 - 0 - Unanimously

2. Preliminary Approval
a. Huisache Acres No. 13 Subdivision- Pct. 1 (RHTJ Properties) (Trenton Road & Dillon Road)
b. Hacienda San Roman Ph. 1 Subdivision- Pct. 4 (Jack McClleland) (Alamo Road & Mile 17 North Road)

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on 19.A.2.A. and B. 

 Vote: 3 - 0 - Unanimously

c. Vaquero Estates Ph. IV Subdivision- Pct. 1 (Beto Salinas) (FM 1015 & Mile 11 North Road)

Commissioner Joe M. Flores informed the court that he needed to abstain from voting on this item, as Item.2.C. Vaqueros Estate Ph.1 belongs to his cousin by marriage. 

Commissioner Palacios 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 on Item.19.A.2.C.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously

Commissioner Joe M. Flores abstained from voting.

3. Final Approval
a. RSBR FM 1423 Subdivision- Pct. 1 (Claudia E. Trevino) (Val Verde Road & Earling Road)
b. Huisache Acres No. 11 Subdivision- Pct. 4 (Rick D. Harbison) (Mile 12 ½ North Road & Val Verde Road)
c. Triple G Ranch Subdivision- Pct. 4 (Jose Pablo Garza) (Mile 8 North Road & Shary Road)
d. M. Solis Subdivision- Pct. 1 (Melesio Solis) (Mile 12 ½ North Road & Mile 4 West 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 on A to D.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously

4. Reimbursements of Financial Guarantee
a. Oak Hill Ranch Ph. 2 Subdivision- Pct. 1  - Reimbursement of $3,000
b. Los Novillos Subdivision- Pct. 4               - Reimbursement of $2,000
c. California Apartments Subdivision- Pct. 3  - Reimbursement of $7,000

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on A to C.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
20.
 
Budget & Management:
 
A.
AI-53764
Discussion, consideration and approval to submit the following FEMA PWs related to the May/June DR-4223 with authority for County Judge to sign required documentation.
1. Precinct #1
- PA-06-TX-4223-PW-01362
2. Precinct #4
- PA-06-TX-4223-PW-00953
- PA-06-TX-4223-PW-00988
- PA-06-TX-4223-PW-00991
- PA-06-TX-4223-PW-01138

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 Item.20.A.1 and 2.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
 
B.
AI-53793
1115 Waiver (1100):
Approval to undesignate the amount of $12,005.15 in the year 2015 from the 1115 Waiver Assigned Fund Balance.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
C.
 
Budget Appropriations:
 
1.
AI-53792
Special Revenue & Internal Service Funds:
Approval of 2016 appropriation of funds to fund various PO rollovers.

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.
AI-53791
Prenatal FY 15 (1293):
A. Approval of certification of revenues as certified by the County Auditor for program income generated from the Title V - Prenatal Services FY15 grant program.
B. Approval of 2015 appropriation of funds in the amount of $174.70.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on A and B.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
D.
 
Interfund transfers:
 
1.
AI-53810
TXDOT - Pct 1 M6W(US83-SH107) (1315):
Approval of 2016 interfund transfer from various CO2015A-Pct 1 projects (1347) to Pct 1-M6W(US83-SH107) (1315) in the amount of $1,547,547.50 to fund WA#3 and other anticipated expenditures.

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

Mrs. Linda Fong informed Commissioner Palacios that the roll over from last year is yet to be finalized. They are working with some issues they encounter with the system.

Mr. Valde Guerra reminded Open Forum Participant Mrs.Saldaña if she still desired to participate in the Public Participation for Item.20.D.1. 

Mrs. Saldaña informed Mr. Guerra that she was looking for general information in regards to the project. Mr. Guerra assured that he would provide her with the information she needed it.
Attachments:
 
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.
 
Hidalgo County
 
1.
AI-53807
A.  Clarification of [CC 03-07-16] nominated firms selected from approved pools of Surveyor & Engineer [w/Civil discipline] to decide the following:
Nominated/selected 7 firms:
1. S&B Infrastructure: NOT ON SURVEYOR POOL-ON ENGINEER POOL [W/CIVIL DISCIPLINE];
2. Dannenbaum Engineering: ON BOTH SURVEYOR & ENGINEER POOLS [W/CIVIL DISCIPLINE];
3. Halff & Associates: ON BOTH SURVEYOR & ENGINEER POOLS [W/CIVIL DISCIPLINE];
4. TEDSI Infrastructure: ON BOTH SURVEYOR & ENGINEER POOLS [W/CIVIL DISCIPLINE];
5. Quintanilla, Headley & Associates: ON BOTH SURVEYOR & CIVIL ENGINEER POOLS [W/CIVIL DISCIPLINE];
6. South Texas Infrastructure: NOT ON SURVEYOR POOL-ON ENGINEER POOL [WCIVIL DISCIPLINE];
7. L & G Engineers: NOT ON SURVEY POOL-ON ENGINEER POOL [W/CIVIL DISCIPLINE];

Commissioner Flores stepped away from the meeting.

Mrs. Salazar explained that when Commissioners Court nominated the materials pool, engineering pool and the surveying pool, the action was to nominate them together. However, as they began to put the packets together to be sent out, they noticed that all 7 firms qualified under civil engineer pool. She notified to the court that 3 out of the 7 are not surveyors and are not in the surveying pool. 
 
According to Mrs. Salazar, Commissioner Eduardo Cantu suggested to proceed to score and evaluate all seven engineering firms and to wait on the surveyors. Mrs. Salazar mentioned to the court that they’ll be bringing to them an existing survey to see what’s on it. Nonetheless, they’re still going to require a new survey.  Overall, she suggested waiting to see the information on the current survey and wait to take action on the surveying pool.
 
Commissioner Palacios stated that in the past they have engaged with engineering firms who have provided a survey through a substitute. The commissioner asked if it could possibly be done once more.
 
In reference to Commissioner Palacios inquiry, Ms. Salazar explained that they could do that if they rescind the previous action. She explained the options provided, first would be to proceed and grade all seven firms for the engineering services. Ms. Salazar mentioned that as they wanted the civil discipline, Commissioner Cantu agrees with it, and recommends that input.
 
Judge Garcia questioned if they would have to open and add the firms that are not in the pool.
 
Ms. Salazar explained that they wouldn’t have to do that right now, they have the 7 firms and have options. All 7 firms qualify for engineering, therefore they can proceed. However, Ms. Salazar informed the court that Commissioner Cantu requested for her to let the members know that for surveying he is suggesting leaving this for a later time or consider not to proceed with the surveyors. She commented to the court that the largest task will be the engineering. In addition, she informed to them that they have already completed Geo-Technical and Construction Materials Testing.
 
Once more, Ms. Salazar reminded the court that when they took action, it was done together. As they began to separate the packets to be sent out they noticed that three out of the seven firms are not surveyors.  Therefore, these firms cannot be rated for surveying.
 
Mr. Armando Garza reported that Commissioner Cantu suggested ranking the engineers in order to select them as of now. Then, if the court agrees they could allow the engineers to choose the surveyors, therefore avoiding prolonging the process.
 
Commissioner Joseph Palacios stated his approval with the recommendations by Commissioner Eduardo Cantu. He emphasized the importance of having a representative on their behalf, as of this moment they are dealing with several agencies and are advocating for the county. 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on option (A) Proceed to score/grade all 7 firms for Civil Engineering Services.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously

Ms. Salazar mentioned to the court that she’ll be bringing the appropriate information on the existing survey. 

  a.  Proceed to score/grade all 7 firms for Civil Engineering Services;
  b.  Proceed to score/grade only the 4 firms on Surveyor Pool;
  c.  Other  options/combinations as CC may decide;

B. Acceptance and approval of the final negotiated letter of engagement with the Hon. David D. Peden [payden], Porter/Hedges, LLP, in connection with legal consulting services for the all aspects for the design and construction of a New Hidalgo County Courthouse and as detailed in the document contained herein [as authorized for negotiations by HCCC on 0307-16] and subject to compliance with HB1295, HB23 [if & when applicable] including HC insurance requirements as evidenced by correspondence to law firm attached here;

Ms. Salazar informed the court that as of yesterday afternoon they have all the require documentation from the firm. They have received the HB 1295, HB 23, the final letter of engagement and the required exhibits. 

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

Ms. Salazar indicated that for the Geo-Technical, Materials Testing and the Architects, questioners to expand the SOQ have been sent out. They will be following the same protocol for the Civil Engineers and will provide the answers as soon as they are available. 

C. Discussion and action [if applicable] on the scheduling of a "Workshop" with the option of presentations by firms [if opted by HCCC] for the evaluation/scoring of the Architectural, Geo-technical/Construction Materials Testing Firms;

Martha Salazar announced that Commissioner Cantu recommended placing together the scoring the grading. The commissioner feels that by doing it this way, each commissioner would be able to assist each other. They could all contribute and clarify any strength and weaknesses for those areas.
 
After considering Commissioner Cantu’s suggestion, Ms. Salazar spoke to Mr. Valde Guerra and decided that it would be best if they gather together for a workshop.
 
Ms. Salazar recommended that as they’ve already delivered to them the answers received from the questioners sent out to the architects, the geo-techs and the material testing firms. She suggests allowing at least one week to review and be ready for a workshop. She advised the members that they could chose to have presentations by these firms or preliminary score them and then decide.
 
Judge Garcia stated that it would be best to received presentations by the firms before scoring.
 
Ms. Salazar commented that the only action needed would be to set a workshop with presentations for next week.
 
Judge Garcia granted permission to allow for a workshop and announced that it would be best to score the firms in public, and if any voting is to be done, to be done by the elected officials and not chiefs of staff.

To that effect, Ms. Salazar requested to allow Mr. Valde Guerra and herself to be the facilitators and not necessary the graders.  As Commissioners Court is the ultimate decider. 

Ms. Salazar mentioned that Mr. Guerra will be copied on everything that goes along.

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 

Ms. Salazar announced that the same protocol is to take place for the engineers subsequent to workshop. However, they are not to be part of the workshop as they still have to sent out the questioners. 

Legal Counsel Mr. Crain indicated that this is to be clarified as a meeting and not a workshop. Mr. Valde Guerra commented that if the court desires to take any action it would be classify as a meeting, versus a workshop. Nevertheless, both require the same requirements. The only difference is that the workshop is to require a presentation and at a subsequent meeting they could take action,if they desire to take action they could resecess then they could recess.

Judge Garcia suggested having both a workshop and a meeting to be posted. 
 
Commissioner Palacios questioned if their new legal representative would be attending the workshop as well. The judge expressed that if they do decide to ask him to, he will be attending.
 
Mr. Guerra commented that he will be working to set an appropriate time and schedule that works for everyone.
 
Ms. Salazar informed Commissioner Palacios that Mr. Peden is going to guide them as to the selection of construction manager.
 
Judge Garcia requested to go into recess as no quorum would be be complete without him present. 

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 to go into recess.

Vote: 3 - 0 - Unanimously 

Court went into recess 

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 to reconvene from recess. 

Vote: 3 - 0 - Unanimously

Commissioner Flores joined the meeting.
 
2.
AI-53761
Presentation  of bids received for the purposes of award and approval of contract document to vendor submitting the lowest and best bid [meeting all specifications and/or requirements as attached hereto] for: Hidalgo County - "Construction Building Materials & Related Supplies" - RFB No:  2016-036-03-09-HGO with an effective date of 03-28-16.

Ms. Salazar mentioned that they had 13 packets distributed and 2 submitted, they are recommending vendor McCoy's Building Supply.

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
 
3.
AI-53704
Acceptance and approval of Amendment to Contract #C-15-053-03-17, [E-16-094-02-16 effective March 17, 2016] with Anrige, Inc.,dba, A Clean Portoco, to include Exhibit B-1 which reflects that  Company is offering a discount on weekly awarded rate of $75 to $18.75 for four (4) consecutive weeks of rental per unit.

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.
 
Pct. 1
 
1.
AI-53830
Hidalgo County Precinct No. 1 is requesting acceptance and approval of Supplemental No. 4 and Work Authorization No. 3 defined and as submitted by TEDSI Infrastrucutre Group, Inc. amid the on-going Contract #C-08-227-02-09 as follows:

A.  Supplemental No. 4 to add services as additional scope of work to  Mile 6W as indicated in Exhibit "B1" of the supplemental document and serviced pursuant to the following request of Work Authorization No. 3;

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

Vote: 4 - 0 - Unanimously
 
B.   Work Authorization No. 3 in the estimated cost of $1,515,115.00 for the provision of the additional services (amid Supplemental No. 4) thru this work authorization request for Mile 6W from Mile 9 North to Mile 11 North subject to action of the aforemention by Commissioners Court.

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

 Vote: 4 - 0 - Unanimously
 
2.
AI-53699
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 Pct No.1 Colonia Noreste Paving and Drainage Improvements project:
 
Engineering TEDSI Infrastructure Group Quintanilla, Headley and Associates, Inc  Javier Hinojosa Engineering
Score 100 95 92
Ranking 1 2 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

C. Authority for the Purchasing Department to negotiate a professional contract commencing with the No. 1 ranked firm TEDSI Infrastructure Group for professional engineering services for Pct No. 1 Colonia Noreste Paving and Drainage 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
Attachments:
 
3.
AI-53833
A.  Approval of Certificate of Substantial Completion as submitted by 2GS, LLC reflecting the date of 2/26/16;

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.  Approve Request for Payment-Application No. 8 in the amount of $257,215.21 as submitted by 2GS, LLC- Contract# C-14-362-10-28-PO# 717811 for the provision of Construction Services for the Sioux Road Paving and Drainage Improvements Project in Precinct #1 as reviewed by project engineer, Raul Sesin, P.E.

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.
 
Pct. 2
 
1.
AI-53862
Presentation of vendor submitting the lowest and best bid [detailed in tabulation sheet attached] and meeting all specifications and/or requirements for the purpose of approval to purchase [evidenced through Purchase Order] one (1) Used 2007 Caterpillar Asphalt Wheel Paver from Big D Tractor Company, LLC DBA Frontera Equip/Blue Cat Rentals priced at $165,500 less 20% discount for a total purchase price of $132,400 for RFB No.: 2016-056-03-16-MEG.

No action to be taken at this time.
 
2.
AI-53868
Presentation of vendor submitting the lowest and best bid [as detailed in tabulation sheet attached] and meeting all specifications and/or requirements for the purpose of approval to purchase [evidenced by Purchase Order] one (1) Used 2002 Rosco/Maximizer Asphalt Distributor from Big D Tractor Company, LLC DBA Frontera Equipment/Blue Cat Rentals priced at $109,500 less 20% discount for a total purchase price of $87,600 RFB No.: 2016-057-03-16-MEG.

No action to be taken at this time.
 
D.
 
Pct. 3
 
1.
AI-53798
Approval of Change Order No. 1 in connection with the PCT #3 "Mile 2 North Roadway Project" (C-14-153-02-17) reflecting a credit in the amount of $27,919.13  for a new contract amount of $ 1,541,604.58 from contracted vendor, IOC Company, LLC and as recommended by project engineer, L&G Engineer subject to compliance with HB1295 if and when applicable; with authority to execute document.

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.
 
Pct. 4
 
1.
AI-53827
Requesting authority to advertise with approval of RFB plans and specifications developed by project Architect, Mata Garcia Architects, LLP, for:  Hidalgo County Precinct No. 4 -"Landscape/Structural and Irrigation Construction for the San Carlos Community Resource Center Project"-RFB No. 2016-145-04-13-MSS.

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

Commissioner Palacios informed to everyone that the landscaping plan for this project has been well thought of, they are working on figuring out on how to use native plants. They are working along with the Texas A&M Agricultural program on how to utilize indigenous plants. He stated that most of the park is a similar flood control project, as well as improving the drainage flood quality.
 
2.
AI-53861
Requesting approval of a professional architectural "on call" services agreement with MATA-GARCIA ARCHITECTS, LLP 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, through the [forms of an AIA Agreement] and as selected for negotiations through County's protocol under the "POOL" of Architects, subject to compliance with [HB1295 & HB23 & Modified CIQ if and when applicable].

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

 Vote: 4 - 0 - Unanimously
 
3.
AI-53683
A. Requesting approval of Supplemental Agreement No. 1 to Professional Engineering Services Agreement#C-15-110-03-31 with L&G Consulting Engineering, Inc. for the purposes of [extending the term to expire on March 29, 2019 as allowed and stated under Article 3.1 and Article 8, in order to complete to scope of services] for "Job Specific" Project:"FM 1925 (from 1,500 feet West of 10th Street to McColl Road) located within Hidalgo County Precinct No. 4, subject to compliance with HB23 and/or HB1295 [when and/or if applicable].

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

 Vote: 4 - 0 - Unanimously

B. Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2 in connection to "on call" Professional Services Agreement# C-14-378-11-18 with Dos Logistics, Inc. for the purposes of [amending “Exhibit C-1-Work Schedule-Part 5-Period of Service, to include sufficient time needed for the additional services to be provided] for Project: "Advanced Development Services for Precinct 4 Flood Recovery Project” located within Hidalgo County Precinct No. 4, subject to compliance with HB23 and/or HB1295 [when and/or if applicable].

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

 Vote: 4 - 0 - Unanimously
 
F.
 
IT Department:
 
1.
AI-53549
Acceptance and approval of request by IT Department for the upgrading of the County's Official Website, the purchase of "CP Basic Redesign", including any future hardware, software, maintenance, technical supprot, updates, upgrades, licenses, automatic renewals and any other pertinent related services with "Icon Enterprises dba CivicPlus" (County's sole source vendor for the County's Website) for said purchase thru assigned requisition #293657 in the amount of $11,080.00 with authority for County Judge or Designee to execute said agreement.

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.
 
Sheriff's Office
 
1.
AI-53819
Approve Request for Payment-Application No. 11 (RETAINAGE) in the amount of $298,150.00 from Central Air and Heating Service, Inc. [CAHS] awarded contractor for the, "Adult Detention Center and Law Enforcement Facility Roof and Air Condition Repair/Replacement, and as certified by project engineer, Chanin Engineering.  C-14-047-01-20

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
 
22.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.074 to discuss the following:

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
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI-53831
Deliberation of the appointment, employment and duties of the WIC Director

No action taken on this item.
 
D.
AI-53834
CL-14-3467-A; Rafael Clemente & Nancy Vidal ind. and a/n/f(s) of Richard Clemente v Hidalgo County

No action taken on this item.
 
E.
AI-53706
Claim of Shelia Pruitt

No action taken on this item.
 
F.
AI-53734
Claim of Daniel Guzman

No action taken on this item.
 
G.
AI-53783
Claim of Jose Rolando Gonzalez, Jr.

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."

B. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

No action taken on Item.23.A.and B.
 
24.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

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

No action taken on this item.
 
C.
AI-53832
Deliberation of the appointment, employment and duties of the WIC Director

Proceed as Directed.
 
D.
AI-53835
CL-14-3467-A; Rafael Clemente & Nancy Vidal ind. and a/n/f(s) of Richard Clemente v Hidalgo County

Mr. Valde Guerra acknowledged an incorrect statement on the previous meeting, the amount stated was $3,500 however the correct amount should be of $2,500

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

The original action was September 29, 2015
 
E.
AI-53707
Claim of Shelia Pruitt

Mr. Guerra requested for settlement authority to make an offer in the amount of $85.00

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
 
F.
AI-53735
Claim of Daniel Guzman

Mr. Guerra requested for settlement authority to make an offer in the amount of $125.00

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: 4 - 0 – Unanimously
 
G.
AI-53784
Claim of Jose Rolando Gonzalez, Jr.

Proceed as Directed.

No action taken on this item.

Judge Ramon Garcia and Commissioner Joe M. Flores abstained from any type of discussion on this particular item.
Attachments:
 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
26.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
27.
 
Adjourn

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
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 22nd day of March, 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 March 22, 2016.

Signed this 22nd day of MARCH 2016




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


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