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SPECIAL MEETING - April 19, 2016

BE IT REMEMBERED, that on this 19th day of April 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 JOSEPH PALACIOS		 HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
April 19, 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 the only absentee.
 
2.
 
Pledge of Allegiance

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

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

The court approved the consent agenda for the exception of Item.8.B. to be pulled for discussion.
 
5.
 
County Judge's Office:
 
A.
AI-54237
Proclamation in honor of Juror Appreciation Week, May 2-6, 2016. 

Mrs. Sullivan introduced District Clerk Juror Supervisor Ms. Stephanie Palacios and Jury Clerks Ms. April Lizcano and Ms. Zayra Navarez. Also present at the proclamation, Precinct 2, Place 2 Justice of the Peace Jaime "Jerry" Muñoz. 

The District Clerks cordially invited court members to attend a celebration in honor of Juror Appreciation Week set for Monday May 2, 2016. 

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
View Agenda Item
Attachments:
 
B.
AI-54236
Discussion and approval of the Economic Development Program Agreement between the County of Hidalgo and Valley Initiative for Development and Advancement (VIDA).

Mr. Michael Leo reminded the court that in the previous budget sessions they tried to adjust budget deficits and concerns. Hence, the Budget Office directed to reduce aid to non-governmental agencies by 25% annually. The budget office sent out notices to VIDA and other agencies. During that process the county created an advance career education county initiative program and in returned contracted VIDA to administer that program. Mr. Leo informed the court that VIDA provides annual reports of the progress.

Judge Garcia inquired on the amount approved last year. In regards, Mr. Leo informed the judge that the amount was going to be the reduction of what was left from the remainder of the year from May to December, about $84,000 left for the year. 

Mr. Sergio Cruz confirmed with the judge that this amount was budgeted to be contributed to VIDA. Mr. Cruz stated that there was already two reductions made to that program starting at $250,000 this program was supposed to be at $125,000 which they currently have. He commented that they did reduced the amount of time for the new contract, in order to go through budget deliberations. Right now they have a split year that will end at the end of April, therefore there was some confusion as to what the correct amount was going to be. Basically they were approving $125,000 contract which began in May, to ease any confusions they are trying to make it to the calendar unit. Mr. Cruz notified that they budgeted for this fiscal year of $125,000

The judge stated that in September when they approved the budget they were actually approving the amount of money they were going to be spending for VIDA on 2016. Judge Garcia manifested that it wasn't approved for 5 months or 6 months but for the year, he stated that they're not trying to reduce the amount. In relation to the judge's concern Mr. Cruz assured that they are not trying to reduce the amount however, there was request to increase the amount. The Budget Office is recommending to stay with the $125,000 allotment prorated amount for the end of the year. If during the budget process there's an increase, then they can discuss it for the next fiscal year, and just remain at the same level they budgeted last year.

Mrs. Virginia Townsand expressed concerns over the initiative by the county and requested to know the difference between that program and that of VIDA.

Priscilla Alvarez,Staff Director at VIDA explained to the audience that they are a nonprofit 501c3 Organization dedicated to serve the underserved and underprivileged residents of the Hidalgo County. Through education the organization helps individuals obtain good paying jobs after graduating. Mrs. Alvarez explained that the money they received for the fiscal year that ends this month, was to serve 34 low income individuals here in the Valley. However, because the organization was able to leverage county dollars they were able to successfully served 100 people. The organization provided two different grants, one was the Sate Grant and the other the Veterans Grant. She further informed that the average graduate from this fiscal year earns a minimum of $44,324.80 consequently the organization is taking individuals that receive government assistance and meet the federal property guidelines and are exiting the programs and obtaining jobs that pay an average of  $44,000 dollars a year.

Mrs. Alvarez emphasized that these individuals are all Hidalgo County residents, therefore the money that the county contributes is reducing the poverty levels here in the county. VIDA also receives funding from different economic developing corporations. The director stated that the contract expires April 30, and in working with Mr. Leo and Mr. Rodriguez they see the need to line the contract with the county to finish the year, this initial contract would be from May 1, 2016 to December 30, 2016 and are in agreement with that. Notwithstanding, Mrs. Alvarez restated that the county only allotted $83,499.68 for May trough December, which reduces the monthly amount to $10,437.46 instead of $15,583 dollars that they've been receiving. She made clear that a reduction like this affects the organization significantly, Mrs. Alvarez respectfully requested the court to keep the funding at the same level at $124,666 for the rest of the fiscal year.

Commissioner Cantu explained that what makes VIDA different from other scholarship funds is that the organization actually helps people already in the workforce that are starting school again. VAMOS on the other hand is strictly a scholarship program. Mrs. Alavarez added that what makes VIDA different is their model which includes an intense case management component. She explained that every student that goes into the organization is assigned a case manager or career counselor that helps them address barriers that know exist.VIDA serves mainly adults from 25 years to 50 years old that rely on government assistance and meet poverty federal guidelines, they help them get through college in a timely manner. The process to become a VIDA participant is an all day process, they have to be enrolled in school fulltime, meet with their counselor at least once a week for an hour, in addition to other meetings throughout the months. Mrs. Alvarez informed that their criteria helps retain students, their retention rate month to month is about 90% therefore colleges appreciate VIDA being at the campuses. Nevertheless, they're still a small organization that aids 700 to 800 students per year. Because VIDA provides services only on demand occupations, after graduation they help the student learn how to interview. Throughout the year the organization infuses soft skills, educating students on the qualities it takes to be a good employee, how to resolve conflicts on the workplace, and how to create good resumes. The organization follows the students two years after graduation to find out their salaries and what kind of benefits they are receiving, the information is then reported back to the respected communities.

Mrs. Fern McClaugherty informed the court that on the backup there was attached an agreement A and agreement B. Agreement A, states that they'll keep the help at $15,583 per month, which would be $124,666.68 but underneath mentions that agreement A will require additional funds of $41,164.96 she further claimed that last year around the same time there was a shortage or the contracted ended. She demanded to know why this was always short.

On that regard, Judge Garcia stated to Mrs. McClaugherty that its not always short.

Mr. Cruz explained that it was not short, they had actually budgeted during the budget process for it to be a drop in this program. They budgeted $82,499.68 and that's what's available in the budget right now, there is no funds for that additional increase at this point. 

Commissioner Cantu restated that they are currently running two different fiscal years. Mr. Cruz affirmed with the commissioner that currently they're running on two different fiscal years, and basically that is why there's a drop during the fiscal year. 

Once more Mrs. Alvarez asked the court to keep the same amount at least to the end of the year.

Commissioner Palacios stated his approval and praised the program for assisting with the investment on human capital specially for the low to moderate poverty level. He indicated that the returned in the investment is that these individuals are future tax payers that are going to be buying houses and making a contribution to the community. 

Before voting on the motion Commissioner Cantu inquired on the details of what the motion was to be. Judge Garcia commented that the motion would be to go ahead and make up the differences. Judge asked Mr. Cruz for the specific number to make up the difference. Mr. Cruz stated that it is going to be an additional amount of $41,165 dollars which currently they don't have in the budget, they'll have to bring it back to court to fund that difference. 

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

Court proceeded to Item.6.A.
View Agenda Item
Attachments:
 
C.
AI-54245
Presentation of the La Joya ISD Police Department First Offender Program

Ms. Rosie Cantu presented a recognition to the La Joya ISD Police Department First Offender Program on behalf of District Attorney Ricardo Rodriguez, Jr. 

The District Attorney's Office together with Commissioners Court offered recognition to Chief Raul Gonzalez and to the La Joya ISD Police Department First Offender Program for implementing the program. 

Commissioner Palacios stepped away. 

The program was model after the Dallas Police Department First Offender Program. The program is for children between the ages of 10 and 16 years who have committed a crime for the first time.

The chief explained that this is offer to offenders who have been arrested by the La Joya Police, it is a volunteer basis for those that have never been arrested. The offenders and the parents have to go through a six week training every Saturday and after that the offender is put on a 90 day probation period. After the training is complete they basically clear the entire criminal record, which has been approved by the board of judges. La Joya is the only school district in the State of Texas as a police department that has this program. McAllen and Edinburg ISD have shown interest on the program and Brownsville ISD is trying to implement as well. 

Chief Gonzalez informed that they'll be reporting to the DA's on the savings they have accomplish through this program. The program does not cost any money to the county. He further informed that they currently have a first offender program specialist that they pay out of the district funds, at the same time they are looking into obtaining funds from federal and local grants to try to subsidize some of the costs. The chief mentioned that through the Dallas program they found out that under the family code, they are able to assess a minimal fee or a fine and that money can go back to the program. They will work along with the DA's Office and the local justice of the peace to come out with a resolution they can later bring to the court. Once again, this will not cost any money to the tax payer. The minimal cost will come from the offenders and injected back to the program. 

The Court took no action on this item.

Court proceeded back to Item.18.B.1 
View Agenda Item
Attachments:
 
6.
 
Constables:
 
A.
AI-53938
Constable Pct.#1:
Presentation and discussion of the 2015 Racial Profiling Report as presented by the Hidalgo County Constable Pct. 1 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.

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
View Agenda Item
Attachments:
 
7.
 
Sheriff's Office:
 
A.
AI-54248
Operation Stonegarden (1284):
1. Authorization and approval to de-obligate $30,000.00 from Sheriff's Office Operation Stonegarden 2014 overtime funds to allocate to Mission Police Department.

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

2. Authorization and approval to de-obligate $30,000.00 from Sheriff's Office Operation Stonegarden 2014 overtime funds to allocate to Pharr Police Department.

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
View Agenda Item
Attachments:
 
B.
AI-54109
1. Authorization and approval to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2014 Supplemental award of $400,000.00 and authorization for County Judge, as authorized official, to sign (and initial) required documents.

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

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

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

3. Approval of Certification of Revenues as certified by the County Auditor of the FY 2014 Operation Stonegarden Supplemental.

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

4. Approval to appropriate the budget for the Sheriff’s Office FY2014 supplemental in the amount of $370,000.00.

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

5. Approval to appropriate the budget for the City of Edinburg FY 2014 supplemental in the amount of $30,000.00.

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
View Agenda Item
Attachments:
 
8.
 
Executive Office:
 
A.
AI-54224
Status update regarding Indigent Defense Grant Funding

Mr. Valde Guerra informed the court that there was a hold on some funding from the State to the county with regards to the Indigent Defense Grant. There was a meeting held last week, there was representation from the county at that meeting. They presented a status report or update to the planning committee in regards to the issue of noncompliance, concerning the ratio of attorneys to the case. They were at a 4 to 1 ratio which is noncompliant and are now at 1 to 1 therefore, the State base on the progress the county has made has allowed to release the funding back to Hidalgo County. The Executive Office will be sending monthly reports and will be monitoring the ratio to make sure to stay in compliance to avoid this issue again.

Mr. Guerra reported that the amount released was of $175,000 but the total amount is of $600,000

Mr. Cruz reaffirmed that they released $175,000 for the first quarter.

Judge Garcia stated that the District Court Judge involved indicated that he had made a policy change. On that regard,Mr. Guerra reaffirmed that it was done and presumes there are 36 attorneys on the juvenile wheel.

Court took no action on this item.
View Agenda Item
 
B.
AI-54195
Approval of Resolution in support of Galveston County Commissioners Court in the matter of The Hon. Lonnie Cox v. The Hon. Mark Henry, Cause No. 15CV0583, Galveston County

Mr. Guerra informed that there's an issue with Galveston County that would have State wide implications. 

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
View Agenda Item
Attachments:
 
C.
AI-54257
Colonia Access Program:
Discussion and possible action for approval of Funding Agreement for Border Colonia Access Program Amendment No. 10, Third Call for the following:
1.)  The Amendment will approve the transfer of funds previously awarded to Hidalgo County for use on alternative eligible County colonia projects and authorizes the use of available funds to cover excess costs on certain projects;
2.)  Possible approval of extension (date to be determined).
3.)  Approval for County Judge to sign Funding Agreement for Border Colonia Access Program Amendment No. 10.

Mr. Valde Guerra requested to take no action on Item.8.C.1 to 3.

Court took no action on Item.8.C.1 to 3.
View Agenda Item
 
D.
AI-54076
United Blood Services has requested approval to host blood drives on Monday, May 9 and Wednesday, Nov. 30 at the County Courthouse, 100 N. Closner Blvd. in Edinburg and on Wednesday, Aug. 3 at the Administration Building, 2802 S. Bus. 281 in Edinburg. The Blood Mobile will be on site from 10:30 a.m. to 2:30 p.m. on the dates approved for the blood drive.

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
View Agenda Item
Attachments:
 
E.
AI-54176
Approval to accept settlement check from Federal Express in the amount of $1,691.70 to settle auto accident claim with County vehicle. (Sheriff Office)

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 

Mr. Guerra acknowledged that the court has seen an increase of agenda items therefore, in an effort he is requesting acceptance of settlement checks with dollar amount. These are the efforts of the Civil Division at the District Attorneys Office in conjunction with the Safety Office and Mr. Roy Quintanilla with respect with to the segregation cases that involve the county.
View Agenda Item
Attachments:
 
9.
 
Human Resources:
 
A.
AI-54223
Discussion, consideration, and approval to implement a "Third Year Bar Card" program in the Public Defender's Office, in accordance with rules and regulations governing the participation of qualified third year law students in the representation of public defender cases in Hidalgo County. The law student will perform under the supervision of a licensed public defender, as per the requirement of temporary trial card rules and provisions issued by the Bench and Bar of the State of Texas.

Mr. Silguero informed the court that as per the request of Judge Omar Maldonado County Court at Law #8 and Mr. Jimmy Gonzalez from the Public Defender Office, this item is to have an inter to help and will be non compensated. 
However, Mr. Silgureo explained that there's additional research that needs to be done and asked to postpone until he has completed the proper search. 

Court took no action on this item.
View Agenda Item
 
B.
AI-54159
 Sheriff's Office (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

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

Vote: 4 - 0 - Unanimously 

2. Discussion, consideration, and approval of the following personnel action, effective next full pay period, 05/02/16:
Action Dept/Program Slot# Position Title Current
Budgeted
Salary		 Proposed
Budgeted
Salary
Delete  280-001  0412  Administrative Assistant I  $24,810.00 ($24,810.00)
   Create      280-001  0424  Technician I  $0.00  $24,810.00

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

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

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
View Agenda Item
Attachments:
 
C.
AI-54226
PCT 4 Road Maintenance (1200):
1. Discussion, consideration, and approval of the following personnel actions effective, next pay period:
Action Dept/Prog Slot# Position Title Current
Budgeted
Salary		 Proposed
Budgeted
Salary
Delete 124-007 0046 Equipment Operator I $23,705.00 $0.00
Delete 124-007 0035 Equipment Operator II $25,258.00 $0.00
Delete 124-007 0047 Equipment Operator II $23,705.00 $0.00
Create 124-007 0082 Coordinator II $0.00 $42,521.00
Create 124-007 0083 Equipment Operator II $0.00 $30,147.00

Commissioner Palacios explained to the court that they'll be using this individual to do all the appropriate paperwork to get the money back. They also have other interlocal agreements including the Colonia Light Program. The equipment operator II, is an effort to retain some of the most critical operators. Mr. Silguero informed that this new salary is in accordance to the step and grade level. 

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

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

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 4 - 0 - Unanimously
View Agenda Item
Attachments:
 
10.
 
HIDTA - Task Force:
 
A.
AI-54231
HIDTA Other Shrg (1251):
Approval of 2016 appropriation of funds for HIDTA Other Shrg in the amount of $650,000.00 for aid to government agencies.

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
View Agenda Item
Attachments:
 
11.
 
Health & Human Services Department:
 
A.
AI-54256
Approval of letter of support for the BCFS Health and Human Services "Re-Entry Community Linkages" Grant.

Mrs. Julia Sullivan explained that this is a 5 year grant that targets both men and woman ages 18 to 26 years old in both Hidalgo County and Cameron County that are being release from jail after serving 3 months to less than 1 year. The program helps them reenter society by providing case management, medical care, transportation assistance, among other services. Mrs. Sullivan emphasized that BCFS was not requesting financial support, but just only a letter of support for the grant application. The county is partnering with them through the Community Service Agency and will be referring their clients for utility assistance. She informed that Mr.Olivarez supports the letter and that today is the last for the submission. 

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
View Agenda Item
Attachments:
 
B.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

Court took no action on this item.
Attachments:
 
C.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

Court took no action on this item.
 
2.
AI-54165
Approval to sign Certification of Contract between Private, non-profit hospital and State/Local Government to provide health care services to low income individuals. 

Ms. Sarmiento informed the court that Mission Hospital is asking to sign this contract in order to participate in the 340B discount program. One of the stipulations is that they have an agreement with Hidalgo County to provide health services to low income individuals, she notified that it was sent to Mr. Crain for approval. 

Mrs. McClaugherty referred to the backup on the agenda and requested to know who would be entitle to the assistance. She argued that one of the requirements is to have a contract with a local governmental entity and there's no contract with Mission, as they are participants of the 1115 Waiver. 

Mrs. Sarmiento explained that they do have an affiliation agreement, what the hospital is asking to sign is just a waiver stating that they do have that agreement with them. She informed the court the judge that the people who qualify is anybody who's not under Medicare or Medicaid. She assured the judge that they are not creating a new type of individuals to qualify, just stating that they have these agreements with Mission Hospital as well as the other ones. 

Commissioner Cuellar stepped away from the meeting.

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

Vote: 3 - 0 – Unanimously

Court proceeded to Item.13.A.
View Agenda Item
Attachments:
 
12.
 
Adult Probation:
 
A.
AI-53906
Hidalgo County Substance Abuse Treatment Facility CJD Grant #2928001 (RSAT)
Ratify budget adjustment submitted and approved by CJD to extend end date for grant from 6/30/16 to 9/30/16

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

Court proceeded to Item.20
View Agenda Item
Attachments:
 
13.
 
IT Department:
 
A.
AI-54190
A.  Authorization and approval for the use of the County's Justice Court Technology Fund for the purchase of equipment, software, maintenance and support services for the County Constable offices as an extension of their role in supporting the offices of the Justice of the Peace and any other future related services.

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

Vote: 3 - 0 -Unanimously 

B.  Requesting authority to purchase the following hardware:
1. (5) Panasonic Toughpad FZ-G1
2. (20) Panasonic Toughbook CF 53 Elite
In the total amount of $51,767.60 thru Requisition 294071 through our membership/participation with TCPN R5106, to suit Hidalgo County Constables Pct. 1, 2, 3 and 4.

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

Vote: 3 - 0 – Unanimously
View Agenda Item
Attachments:
 
14.
 
Elections Administration:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

Mrs. Ramon reminded the public of the upcoming Early Voting starting Monday 25, 2016 all the way to Tuesday May 3, 2016. Six cities, four school districts and one water district are going to start Early Voting on Monday, with their election day Saturday May 7, 2016. The cities are City of Elsa, City of Granjeno, City of Hidalgo, La Villa, Mercedes and Mission. The four school districts are Mission, Progresso, Donna and Weslaco. Agua Special Utility District on the ballot for this coming Monday.

Commissioner Cuellar joined the meeting.
 
B.
AI-54093
Approval of Full Contract for Election Services between Hidalgo County and the City of Elsa for their election to be held on May 7, 2016.

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
View Agenda Item
Attachments:
 
15.
 
Head Start Program:
 
A.
AI-54122
Discussion/Approval to Enter into a Memorandum of Understanding (MOU) between Hidalgo County Head Start Program and La Joya Independent School District

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
View Agenda Item
Attachments:
 
16.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-54242
Pct 2 Rd. Maint. (1200):
Approval of 2016 appropriation of funds from the R&B unreserved fund balance for Pct 2 Rd Maint in the amount of $287,414.30 to fund project expenditures.

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
View Agenda Item
Attachments:
 
17.
 
Budget & Management:
 
A.
AI-54227
Sheriff's Office/Constable Pct. 1 - 4 (1100):
Approval of the revised salary schedule, as approved by Commissioners Court on 01/19/16 (AI-53024), effective 04/04/16.

Mr. Cruz informed that this is the increase for the law enforcement pay plan.

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
View Agenda Item
Attachments:
 
B.
 
Budget Appropriations:
 
1.
AI-54230
Pct 1 Road Maint. (1200):
Approval of 2016 appropriation of funds from the R&B unreserved fund balance for Pct 1 Road Maintenance (program 005) in the amount of $194,517.36 to fund various operating expenditures.

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
View Agenda Item
Attachments:
 
2.
AI-54213
Pct. 1 Road & Bridge (1200):
A. Approval of certification of revenues by County Auditor, for 1/3 paving revenues received from J & DMC Properties, LLC (developer Jack McClleland) in relation to the Norene Dr. road improvement project (Vista Ridge Acres Ph 5).
B. Approval of 2016 appropriation of funds into the Pct. 1 Rd. Maint (fund 1200, program #005) in the amount of $84,663.47 to fund road maintenance 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 on A and B.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
View Agenda Item
Attachments:
 
3.
AI-54157
Pct. 1 Road & Bridge (1200):
A. Approval of certification of revenues, as certified by the County Auditor, for insurance settlement proceeds.
B. Approval of 2016 appropriation of funds into the Pct. 1 Rd. Maint (fund 1200, program #005) in the amount of $9,622.67 to fund repair & maintenance services for vehicle involved in accident. 

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
View Agenda Item
Attachments:
 
4.
AI-54232
Pct 3 Rd. Maint. (1200):
Approval of 2016 appropriation of funds from the R&B unreserved fund balance for Pct 3 Road Maintenance (program 005) in the amount of $379,528.80 to fund various operating expenditures.

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
View Agenda Item
Attachments:
 
5.
AI-54198
Justice Court Tech (1242):
Approval of 2016 appropriation of funds in the amount of $30,290.84 for the purchase of technological equipment for the JP offices.

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
View Agenda Item
Attachments:
 
18.
 
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-54249
Requesting authority to advertise for sealed Request for Proposals [with Qualifications] including approval of the procurement packet along with the  drafted and developed [through collaboration between Health Dept., Purchasing & Pct. input] Exhibit "A"-Scope of Services/Requirements for: Hidalgo County-Professional Consulting Services Related to the Possible Creation of a Health and/or Hospital District.

Mrs. Virginia Townsand implied that the court wants to know the polls of the people by hiring a consultant. Judge Garcia assured Mrs. Townsand that all they want to do is comply with what they stated they would, and hire the expert to answer any question they may have or any member of the community may want answered on the creation if it all. The judge mentioned that all these depends on whether or not they get served with a petition signed by 50 individuals saying they do want to see this item on the ballot. Mrs. Townsand suggested to ask 50 people for it to be a referendum on the ballot and go up or down. Judge Garcia informed Mrs. Townsand that her suggestion would require legislature action, and suggested for them to contact the state preventatives or state legislatures who are the only ones that could modify any orders. 

Mrs. Townsand asked if this was going to be automatically placed on the ballot. Once more, Judge Garcia explained that they need 50 people to sign the petition. She emphasized that people don't want more taxes. 

Commissioner Cantu assured Mrs. Townsand that he also does not want additional taxes however, the purpose of the consultant is to explain how the
hospital would work in case this does pass. The goal is to educate the people as to what the hospital or health care district will do, the pros and cons of the district. The commissioner assured that this is not to push it forward but just to be informed. 

Mrs. Norma Saldaña reminded the court that people voted against it last year and does not agree with it coming back and does not know why they need to hire a consultant. According to Mrs.Saldaña, she spoke to City of Mission Mayor Norberto Salinas who informed that just for the city of Mission with a population of 100,0000 he would have to ask citizens to pay $36 million dollars a year. She assured that the mayor is very against it and wants to know why other mayors are not coming out. 

Judge Garcia stated that he wasn't sure were she has been getting the information, but assured that this is the reason they are hiring a consultant. Mrs. Saldaña asked why this was coming back if people voted against. On that regard, Commissioner Cantu explained that Commissioners Court is not the one putting it back, it takes 50 people from the county to put it there. He assured that if in case it passes they want to educate the people about it. 

Commissioner Palacios assured Mrs. Saldaña that it is their duty to educate the public, in this case if they do get a petition for it, they're going to need know the facts of the matter and not just what a particular party is trying to push. Mrs. Saldaña mentioned that Hidalgo County is one of the poorest in the nation, if it does go through how are people supposed to pay for it. 

Judge Garcia made clear that they are not the one asking for it, by the way the law is set up they are in charge of just administrate the elections. 

Commissioner Cantu explained that this is the reason why they're going to hire a consultant, once more he clarified that it's not up to the court to bring it back., base on the legislature it can keep coming back. 

Commissioner Palacios commented that this is why they fight these issues on the legislature every single session. He stated that these are issues that happen in Austin and have end results here. 

In regards to the comment to reach to the State Representatives, Mrs. Saldaña stated that State Representative Terry Canales hasn't done much for them. She also mentioned the billboard in the City of Donna that states their opposition for a bond they don't want. She added that the people of Hidalgo County are tired and have no more money and that Commissioners Court as the governing body and need to be conscious of that. 

With respect to that comment, Commissioner Cantu stated that this is the reason they want to hire a consultant to educate the people and then they can make a decision if they wanted or not. 

Judge Garcia assured Mrs. Saldaña that they have no choice and are not voting for it or against it. The only discretion they have is to make sure those 50 names are register voters in this county and have no choice but to put it on the ballot. Mrs. Saldaña kept claiming that the judge does have authority to not put it on the ballot. Judge Garcia and Commissioner Cantu assured that this is not correct and informed that she's providing incorrect information. 

Mr. Steve Crain detailed that if the County Judge gets a petition signed by 50 register voters belonging to the county, that proposition has to be placed on the ballot. 

The court members assured that the ballots are not printed yet and nobody has filed a petition. 

Mrs. McClaugherty noted that as she read the law, it states that Commissioners Court can not be force to do something. Judge explained that if they get the majority of the people in the senate and the state highway representatives to vote on a measured that is ultimately signed by the governor on any item, then yes, they'll have that recorded. He further informed that this item is called the ministerial item, the only thing they need to do is act on it and have no choice if they confirm that there's 50 names that are valid register voters and have no choice but to vote on it. 

Commissioner Palacios explained to Mrs. McClaugherty that if there's legislative action and is a law in the State of Texas then, they can. Mrs. McClaugherty then asked about who would be in charge of this, or if the $97,000 dollar liaison that would be watching it or looking at it and stated that she has questions in regards.

In addition, she also asked about the commission creating creating a committee to review the development and assured to include potential impact of the citizens of Hidalgo County. She restated that in 2014 citizens voted no, and is hoping the next time it would also be a no. Again, she asked who is watching this and who is in control. 

Judge Garcia explained to Mrs. McClaugherty that there's no person watching or in control of this, this is nothing more than a referendum. A body proposes to be placed in the ballot and people who are register to vote can act on it. 

Mrs. Virginia Townsand insinuated to the court members that she knows they have accepted money from the board of the health district. She further claimed that this money is used for campaign funds and does not agree with it. Mrs. Townsand advised that she wants somebody neutral to look at both sides and that the obtained contributions would not affect them at all. 

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

Vote: 4 - 0 -Unanimously
View Agenda Item
Attachments:
 
2.
AI-54118
A.  Pursuant to Legal Notice #2, recommending waiver of formality/technicality [draft rental agreements missing in bid response], as it is in the best interest of HC to do so;

Mrs. Salazar explained that this was a bid that went out, and one of their requirements was that since this is a rental of equipment they asked each vendor that was going to participate to include the draft rental agreement for their review as to legal form. Out of the 5 only 1 submitted however, that one has the least rental equipment to rent. She informed the court that it was to their best interest to waive that and eventually receive them and review them. They then can proceed to salvage the bid, she recommended acting on item.a.

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

B.  Presentation of bids received for the purpose of award with approval of individual rental agreement forms for multiple vendors submitting the lowest and best bids for: Rental of Heavy Equipment County Wide and subject to compliance with HB1295 and/or HB23 when and if applicable;

Mrs. Salazar notified that it was the District Attorney Office, Civil Division who assisted with this aspect of Items A and B. She requested for all vendors to be awarded because they all have different equipment, so it will be the lowest rental price for each one. 

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

Vote: 4 - 0 -Unanimously

It was emphasized by Mrs.Salazar that these are all subject to HB1295, they've already had two of them modify their agreements with the recommendation by the District Attorney's Office and will not be executed until they have all complied. 
View Agenda Item
Attachments:
 
3.
AI-54168
A. Requesting authority to advertise and approve to auction Abandoned and Unclaimed Items on Auction List #37 as set forth under Texas Code of Criminal Procedure Article 18.17, as detailed on Exhibit "A" attached hereto;

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

Vote: 4 - 0 -Unanimously 
 
B.  Requesting authority to advertise for Abandoned and Unclaimed Items [Palmview Police Dept.] as forth under Texas Code of Criminal Procedure Article 18.17 and as noted on Exhibit "B" attached hereto;

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.  Requesting authority to advertise for Abandoned and Unclaimed Items [La Joya ISD Police Dept.] as forth under Texas Code of Criminal Procedure Article 18.17 and as noted on Exhibit "C" attached hereto.

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

Vote: 4 - 0 -Unanimously
View Agenda Item
Attachments:
 
4.
AI-54254
A.  Presentation of Hidalgo County's approved current pool of Engineers for HCCC nomination of at least three (3) firms specializing in the Civil Discipline for the purpose of following the selection protocol [nominate, select grading committee, present scoring grid to rank, authorize negotiation for eventual engagement] in connection with Off-Site Services necessary for a New Hidalgo County Courthouse Project Development including, but not limited to, the following:  Public Involvement, Schematic, Hydrologic Studies, Environmental Assessment, Traffic Circulation Study Updates, Surveying,  Geo-Technical/Construction Materials Testing, Right-of-Way Acquisition Services, PS&E [Plans-Schematics & Estimates] Designs and Construction Inspection Services for the Roadway and Drainage Improvements associated with the Business 281/SH 107 Intersection affecting the new courthouse project;
1. L & G;
2. TEDSI;
3. Halff & Associates;

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

B.  Designation of  "Committee" to Score and Evaluate the nominated firms.

The Commissioners Court members.

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

Commissioner Palacios informed that there has been several advances related to the variables identified as critical components. There has been multiple meetings with the City of Edinburg, Drainage Director Mr. Raul Sesin as well as other members of the court and TxDOT have attended these meetings as well. The commissioner mentioned that it has been beneficial that they've been able to meet and have found several peepholes that they'll be able to take advantage were it's going to be at no cost to the tax payer. These advantages would be in relation to proposition 1 and proposition 7 funding, related to infrastructure needs linked to not only the courthouse but all of downtown Edinburg leading to UTRGV. The commissioner stated that this will have a massive impact in regards to the approach they are taking. The return on investment is going to be critical because they'll be able to litigate the infrastructure needs utilizing State and Federal dollars.

The commissioner recalled the July 2015 rains that affected the downtown area, therefore he assured that they are doing everything it takes to address every possible variable and assured they'll be fighting for available funds.

Mrs. Salazar commented that Mr. Sesin already explained that to her and admits that it's a very good plan. 

Judge Garcia informed that by approaching it the way they're doing it, they'll be able have the cost associated with the offsite utilities and offsite improvements that need to be made to the drainage and other, to be paid mostly by MPO and TxDOT, as supposed to the county and the city. The judge expressed his content with the outcome of the meetings they've had and acknowledged the low area where the courthouse sits as well as the low area around UTRGV. He recognized that these areas need to be address, although these are outside the future courthouse square. Nevertheless, addressing these issues will be a win-win for all. 

Court proceeded to Item.5.C.
View Agenda Item
Attachments:
 
B.
 
Pct. 1
 
1.
AI-53674
Presentation of Sole Bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County Precinct No. 1 - "Lease of Parcel for Citizen Collection Site in Donna" through project No.: 2016-051-02-24-SGS.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 3 - 0 - Unanimously
View Agenda Item
Attachments:
 
C.
 
Pct. 2
 
1.
AI-54255
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 3 - 0 - Unanimously
 
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County’s approved “pool” in connection with geo-technical and construction material testing services required for Precinct No. 2 Projects (on an as needed basis):
 
  TERRACON CONSULTANTS, INC. PROFESSIONAL SERVICE INDUSTRIES, INC. (PSI) EARTH CO.
EVALUATOR NO. 1 94 90 89
RANKING 1 2 3

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 3 - 0 - Unanimously

Commissioner Palacios joined the meeting.
 

c.  Authority for the Purchasing Department to negotiate a professional engineering services agreement with No. 1 ranked firm of Terracon Consultants, Inc.for geo-technical and construction material testing services (on call as needed basis) Pct. 2

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
View Agenda Item
Attachments:
 
2.
AI-54250
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;  

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

b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County’s approved “pool” in connection with geo-technical and construction material testing services required for Precinct No. 2 Projects (on an as needed basis).
  PROFESSIONAL SERVICE INDUSTRIES (PSI), INC TERRACON CONSULTANTS, INC. MILLENNIUM ENGINEERS GROUP, INC.
EVALUATOR NO. 1 90 94 96
RANKING 3 2 1

Judge Garcia stepped away from the meeting.

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

Vote: 3 - 0 - Unanimously 
 
c. Authority for the Purchasing Department to negotiate a professional engineering services agreement with No. 1 ranked firm of Millennium Engineers Group, Inc.for geo-technical and construction material testing services (on call as needed basis) Pct. 2

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                                                                                                         
Vote: 3 - 0 – Unanimously
View Agenda Item
Attachments:
 
D.
 
Pct. 3
 
1.
AI-54217
Requesting approval of Supplemental Agreement No. 1 (Article 8) of current contract [C-14-364-05-05] with L&G Consulting Engineers, Inc., dba, L&G Engineering, professional services for, "Mile 2 North Reconstruction (from SH 364 to Moorefield Road)" to revise the termination date of May 5, 2016 to May 5, 2017  thus completing the scope of services for project.

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
View Agenda Item
Attachments:
 
E.
 
Pct. 4
 
1.
AI-54215
Presentation for discussion, consideration and approval of the following options/actions as recommended by project engineer, LeFevre Engineering & Management Consulting, LLC for Hidalgo County Precinct No. 4 RFB No. 2016-115-03-03-MSS “Construction of Parking lot at San Carlos CRC and Sunflower Park” Pct. No. 4:

a. Rescind contract awarded to Gomez Paving, LLC, dba South Texas Paving on 04-05-16 (in the amount of $150,900.00) due failure to comply with the insurance requirements;

b. Award of bid to the next lowest responsible bidder meeting all specifications GNH Company, LLC in the amount of $172,000.00 subject to compliance with HB 23 and/or HB1295 [when and/if applicable];

c. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee: Jesus "Jesse" Ozuna, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

Mrs. Salazar informed no action will be needed for Item.18.E.1. A to C.

Court took no action on Item.18.E.1. A to C.
View Agenda Item
Attachments:
 
2.
AI-54179
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a "professional services";

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

b. Presentation of the scoring grid (for the purposes of ranking by CC) the firm graded & evaluated through the County’s approved “pool” of Engineering Firms in connection to Professional Engineering Services for: "On Call" "Buildings Repairs, Renovations, Alterations, Additions and/or Other related Services to County Owned Buildings“ for projects located within Hidalgo County Precinct No. 4;

ENGINEERING FIRMS:
Firms Halff & Associates, Inc. International Consulting Engineers Unintech Consulting Eng., Inc.
Scores 98 95 93
Ranking 1 2 3

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

Mrs. Salazar informed Commissioner Palacios that they do have a current contract with the on call services but it may be about to expire. 

c. Authority for the Purchasing Department to negotiate a Professional Services Agreement for the purposes of an "On Call"- Engineering Services for: "Buildings Repairs, Renovations, Alterations, Additions and/or Other related Services to County Owned Buildings“ for projects located within Hidalgo County Precinct 4, with the No. 1 ranked firm Halff & Associates, Inc. 

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 

d. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a "professional services";

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

Vote: 3 - 0 - Unanimously 

e. Presentation of the scoring grid (for the purposes of ranking by CC) the firm graded & evaluated through the County’s approved “pool” of Appraisal Firms in connection to Professional Appraisal Services for an: "On Call" Appraisal Services for projects located within Hidalgo County Precinct No. 4;

APPRAISAL FIRMS:
Firms Leonel Garza, Jr. & Associates, Inc. Valbridge Property Advisors The Real Estate Center
Scores 96 93 91
Ranking 1 2 3

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

f. Authority for the Purchasing Department to negotiate a Professional Services Agreement for the purposes of "On Call"-Appraisal Services for projects located within Hidalgo County Precinct 4, with the No. 1 ranked firm Leonel Garza, Jr. & Associates, Inc.

Mrs. Salazar stated that this is for Appraisal Services, Not review appraisal.

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 

g. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) for a "professional services";

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

Vote: 3 - 0 - Unanimously 

h. Presentation of the scoring grid (for the purposes of ranking by CC) the firm graded & evaluated through the County’s approved “pool” of Appraisal Firms in connection to Professional Appraisal Services for an: "On Call" Appraisal Review Services for projects located within Hidalgo County Precinct No. 4;

APPRAISAL REVIEW FIRMS:
Firms Professional Appraisal Services, Inc. Valbridge Leonel Garza, Jr. & Associates, Inc.
Scores 97 93 95
Ranking 1 3 2

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 

i. Authority for the Purchasing Department to negotiate a Professional Services Agreement for the purposes of "On Call"-"Appraisal Review Services" for projects located within Hidalgo County Precinct 4, with the No. 1 ranked firm Professional Appraisal Services, Inc.

Mrs. Salazar noted that this is for Review Appraisal Services.

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

Vote: 3 - 0 - Unanimously
View Agenda Item
Attachments:
 
F.
 
Sheriff's Office
 
1.
AI-54189
A.  Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024 (a)(7); an item that can only be obtained from one source;

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.  Approval of "Sole Source Declaration" for COPsync, Inc." for the purchase of COPsync Software; including licenses and support service to be used by Hidalgo County Sheriff's Office and other related Hidalgo County Law Enforcement Agencies (all funding sources) with said declaration to remain in effect while declaration is in place or until revoked by HCCC;

On motion by COMMISSIONER PCT. 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.  Approval for HCSO to purchase 100-010 Unlimited COPsync Enterprise Full Time Officers -12 months @ $23,000 - (All COPsync Enterprise Full Time Officers are enabled to receive COPsync911 Alerts) through assigned Requisition #00293582 in the amount of $23,000 including approval to renew support services and annual licenses for the lifetime of the software and authorization for County Judge or his designee to sign renewal service agreements.

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
View Agenda Item
Attachments:
 
G.
 
Adult Probation
 
1.
AI-54058
Arnold Patrick, Director, HIDALGO COUNTY COMMUNITY SUPERVISION & CORRECTION DEPARTMENT, aka, ADULT PROBATION is requesting that HCCC permit the HC Purchasing Dept. to conduct procurement services commencing with advertising [with award to be made by Mr. Patrick pursuant to statute] for:  the "Purchase of Instant Drug Screening Cups"- RFB No.: 2016-138-00-00-FAZ with Mr. Patrick's approval of procurement packet [i.e. specifications/requirements, legal notice, draft requirement agreement etc. as attached hereto] with the re-advertisement of project in the event No Bid responses are received and/or are rejected and project is still required by Adult Probation.

Mrs. Salazar informed that this for documentation purposes and they'll just do the mechanics for it as he will be doing the awarding.

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 
View Agenda Item
Attachments:
 
19.
 
Open Forum

1) Mrs. Opal Billman stated that the community property owned by Joe Billman and Opal Billman still belongs to them. According to Mrs. Billman, two corporations own by the State are functioning as a hedge fund, she stated that the court awarded her community property to one corporation for the purpose of selling it to the other corporation. Mrs. Billman claimed that neither one of them have the legal authority to be involved in their divorce settlement. Any property sold would need both of their signatures and since Mr. Billman has died, the signature of his three heirs would be necessary otherwise the deed conveys nothing. The banks have no liens on her community property and questioned who is the one operating the buying and selling of her privately own property. She affirmed that the police enforce imprisonment of her persona is to keep her out of the way while her property is being used for a scheme.

2) Hermelinda Cardenas resident of precinct 1 and LUPE member voiced her concerns to Commissioner Cantu over the changes made to the San Juan Park. She informed the commissioner that the entrance to the park is blocked by tall grass, the available gate is closed and is requesting to have it open to enter the park.
In regards, Commissioner Cantu assured he will look into this issue.

Judge Garcia joined the meeting.

3) Commissioner Joseph Palacios informed the court and the public of the receipt of a grant from the University of Texas Arlington Public Work Institute, on providing transportation training services for precinct 4 and others that may interested. Training will start June and will be free to the county.

Court proceeded back to Item.12.A.
Attachments:
 
20.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:

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

Vote: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

Court took no action on this item.
 
B.
 
Pending and/or potential litigation

Court took no action on this item.
 
C.
AI-54252
Potential Litigation - Edinburg Municipal Airport & City of Edinburg Property and further described as:
Tract 1: Being the north twenty (20) acres of Lot 16, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County,Texas: (20.0 Acres Gross)
Tract 2: Being the east 26.61 acres of the west 46.61 acres of Lot 10, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, HidalgoCounty, Texas: (26.61 Acres Gross)
Tract 3: Being the south ten (10) acres of the west twenty (20) acres of Lot 10, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg,Hidalgo County, Texas: (10.0 Acres Gross)
Tract 4: Being the east ten (10) acres of Lot 10-, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas (10.0Acres Gross)
Tract 5: Being the north 23.39 acres of lot 15, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas. (23.39 Acres Gross)
Tract 7: Being the west fifteen (15) acres of the south half ( ½ ) of Lot 16, Section 277,Texas-Mexican Railway Company’s Survey, and addition to the City of Edinburg, Hidalgo County, Texas (15.0 Acres Gross)

Court took no action on this item.
View Agenda Item
 
D.
AI-54192
Cause No. C-8496-14-E; W.D. Larew the appointed Substitute trustee for PENNYMAC CORP v Armando Garza and Raquel Garza

Court took no action on this item.
View Agenda Item
 
E.
AI-54174
Claim of Natalie Gonzalez

Court took no action on this item.
View Agenda Item
 
F.
AI-54218
Claim of Feliciano Cano

Court took no action on this item.
View Agenda Item
 
21.
 
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)

Court took no action on Item.21.A and B.
 
22.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Court took no action on this item.
 
B.
 
Pending and/or potential litigation

Court took no action on this item.
 
C.
AI-54251
Potential Litigation - Edinburg Municipal Airport & City of Edinburg Property and further described as:
Tract 1: Being the north twenty (20) acres of Lot 16, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County,Texas: (20.0 Acres Gross)
Tract 2: Being the east 26.61 acres of the west 46.61 acres of Lot 10, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, HidalgoCounty, Texas: (26.61 Acres Gross)
Tract 3: Being the south ten (10) acres of the west twenty (20) acres of Lot 10, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg,Hidalgo County, Texas: (10.0 Acres Gross)
Tract 4: Being the east ten (10) acres of Lot 10-, Section 277, Texas Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas (10.0Acres Gross)
Tract 5: Being the north 23.39 acres of lot 15, Section 277, Texas-Mexican Railway Company’s Survey, an addition to the City of Edinburg, Hidalgo County, Texas. (23.39 Acres Gross)
Tract 7: Being the west fifteen (15) acres of the south half ( ½ ) of Lot 16, Section 277,Texas-Mexican Railway Company’s Survey, and addition to the City of Edinburg, Hidalgo County, Texas (15.0 Acres Gross)

Court took no action on this item.
View Agenda Item
 
D.
AI-54193
Cause No. C-8496-14-E; W.D. Larew the appointed Substitute trustee for PENNYMAC CORP v Armando Garza and Raquel Garza

Mr. Guerra reported that Josephine Ramirez's office will facilitate this claim on behalf of 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.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
View Agenda Item
 
E.
AI-54175
Claim of Natalie Gonzalez

Mr. Guerra requested for settlement authority to make an offer in the amount of $30.00

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
View Agenda Item
 
F.
AI-54219
Claim of Feliciano Cano

Mr. Guerra requested for settlement authority to make an offer in the amount of $10,000

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.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
View Agenda Item
 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

Court took no action on this item.
 
24.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

Court took no action on this item.
 
25.
 
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: 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 19th day of April, 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 April 19, 2016.

Signed this 19th day of APRIL 2016




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


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