SPECIAL MEETING - April 26, 2016
BE IT REMEMBERED, that on this 26 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 JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 COMMISSIONER, PRECINCT NO. 4 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING April 26, 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
All members of the court were in attendance.
All members of the court were in attendance.
2.
Pledge of Allegiance
Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
3.
Prayer
Mr. Domingo Villarreal led the court in Prayer.
Mr. Domingo Villarreal led the court in Prayer.
4.
Approval of Consent Agenda
No concerns presented, the court approved the entire consent agenda.
Court proceeded to Item.16.A.
No concerns presented, the court approved the entire consent agenda.
Court proceeded to Item.16.A.
5.
County Judge's Office:
A.
AI-54194
Proclamation declaring May 2015 as Elder Abuse Prevention Month
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Gustavo Salinas Adult Protection Services expressed gratitude to the court for helping increase awareness for APS and their duties. Mr. Salinas informed that they operate through a hotline 1-800-252-5400 available 24/7 the line provides English and Spanish operators.
Judge Ramon Garcia read a letter from Mrs. Virginia Townsand addressed to the court members. The letter was a request from Mrs. Townsand petitioning to place Open Forum at the beginning of court, in honor of Elder Abuse Month.
Judge Garcia satisfied Mrs. Townsand request and informed that he would move up Open Forum after the following item.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Gustavo Salinas Adult Protection Services expressed gratitude to the court for helping increase awareness for APS and their duties. Mr. Salinas informed that they operate through a hotline 1-800-252-5400 available 24/7 the line provides English and Spanish operators.
Judge Ramon Garcia read a letter from Mrs. Virginia Townsand addressed to the court members. The letter was a request from Mrs. Townsand petitioning to place Open Forum at the beginning of court, in honor of Elder Abuse Month.
Judge Garcia satisfied Mrs. Townsand request and informed that he would move up Open Forum after the following item.
Attachments:
B.
AI-53983
Proclamation declaring May 5, 2016 as National Day of Prayer in Hidalgo County
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Adrian Esparza, Co-Coordinator for the National Day of Prayer spoke about the great turn out they had last year. He encouraged the county to continue the tradition and stated that federal agents continue to attend the event.
Commissioner Cuellar stepped away from the meeting.
Court proceeded to Item.20.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Adrian Esparza, Co-Coordinator for the National Day of Prayer spoke about the great turn out they had last year. He encouraged the county to continue the tradition and stated that federal agents continue to attend the event.
Commissioner Cuellar stepped away from the meeting.
Court proceeded to Item.20.
Attachments:
C.
AI-54337
Discussion, consideration and approval of the Hidalgo County Uniform Truancy Policy.
Mrs. Yolanda Chapa representing County Judge's Office Ramon Garcia presented a policy that's mandated by House Bill No.2398 proposed by the 84th Legislature Session. This policy or statute decriminalized truancy, Mrs. Chapa explained that when students were truant they were taken to court and were considered felons. The legislature felt that it was going repeal the criminal offense of the failure to attend school, under the former education code. However, H.B. No.2398 replaced the offense of failure to attend school with a new process of civil enforcement for truant conduct, competently taking the decriminalization off. She informed that this was signed into law by Governor Greg Abbot on June 18, 2015.
The counties were mandated with putting together a consistent truancy policy for the entire county. Schools are now required to keep in mind the best interest of the student in determining where to make the referral. Before a child is sent to a truancy court, a school district must follow very specific requirements under this statute. Mrs. Chapa explained that before this became a law, Texas was one of two states that still criminalize truancy. Pursuant to 25.091, Hidalgo County is required to establish Uniform Truancy Policy. Further, this required an establishment of a committee set by the County Judge and by the mayor with the highest count of membership municipality of the county. Being, County Judge Ramon Garcia and City of McAllen Mayor Jim Darling, appointed a member to serve in the committee to serve as a representative that's required by law. Their job was to appoint someone from the juvenile court, municipal court, office of justice of the peace, superintendent or designee of independent school district, open enrollment charter school, the office of the prosecutor with original truancy jurisdiction in the county and additional appointees that might be needed, as seen by County Judge Ramon Garcia and Mayor Darling.
Mrs. Chapa acknowledged the District Attorney's Office at the direction of District Attorney Ricardo Rodriguez, together with the leadership of Judge Maxine Longoria. Judge Longoria has been working since June 2015 and ever since the committee was placed together. Mrs. Chapa recognized each of the committee members as attached in the backup list.
Mayor Jim Darling assured that it has been very important to meet the legislature requirements that were proposed. He emphasized that just because truancy is being decriminalized that doesn't mean it solves the problem. The mayor claimed that it is important to decriminalize it but also provide an alternative solution for the criminal prosecution, involving drug abuse programs, parental and youth counseling, these type of items that aren't usually an obligation to school districts. He stated that one key for success is the partnership from other local nonprofit organizations, this sort of partnership needs funding and the mayor petition for the court to send the message to Austin. Mayor Darling expressed that this is not going to stop the truancy problem in the State of Texas. What they need to do is what they intent to do and that is other alternatives to the criminal process however, it takes funding that must come from the State otherwise it is not fair to the school districts.
Judge Garcia acknowledged all the work done by the mayor and other members of the committee.
Mrs. Chapa informed that as part of their research they looked at other counties and municipalities that already have policies out there. Together they came out with a policy for Hidalgo County, they provided an oversee of the bill and the different areas that will be implemented. However, she informed that they still have a long way to go since they still need to meet with school districts. Mrs.Chapa advised they are proposing the policies that they submitted pending legal approval.
Judge Maxine Longoria Nash thanked the court on behalf of the District Attorney's Office for the opportunity to be serving in the committee. The judge recognized the staff at the judge's office for all their support in putting together a proper format to present to the court. The deadline to adopt the Uniform Truancy Policy is May 1, 2016. The meetings commence at the beginning of January, they discussed what the new truancy policy would be for the county. She validated that they looked at different policies that have been adopted by other counties and municipalities across the state. The judge notified that they took into consideration recommendations from office of support administration, TMCEC, the Texas Justice Training Center, as well as the Office Appointed Administration. As of right now, they still want to address some segments of the policy in order to have a truly comprehensive policy to be adopted by the county. All school districts in the county, all open enrollment charter schools, and all truancy courts will be required to follow this policy.
The judge informed that the restrictions to make a referral to a truancy court have increase, this legislature has placed a tremendous amount of responsibility on school districts to adopt Truancy Prevention Measures. She explained that this legislature really expanded on what the Truancy Prevention Measures are and when the schools are required to adopt those. The judge also specified that it would be subject legal review by the county's attorney's office, she recommended to approve the propose draft of this policy. Also as part of this policy there will be a set of forms that will be adopted as part of this policy. The school forms have been completed, which hopefully it will be less likely that the school referral will be rejected when it gets to the truancy prosecutor. The prosecutor for the county is Eric Schreiber, the judge announced that they've been working closely with the District Attorney's Office and the Judge's Office to make sure they approve the policy that is consistent with the duties that are required by the statute. Part of these duties include making recommendations for propose changes to the law, they have identified 4 segments of this bill that are creating confusion across the state and hope to clarify some of the issues that are causing problems for the State.
On behalf of the Committee, The District Attorney's Office and The County Judge's Office, Jude Maxine Longoria Nash submitted the propose draft for consideration of the court subject to legal review.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mrs. Yolanda Chapa included acknowledgments to District Attorney Mrs. Josephine Ramirez and District Attorney Mr. Victor Garza Civil Division.
Commissioner Palacios stepped away from the meeting.
Court proceeded to Item.11.A.
Mrs. Yolanda Chapa representing County Judge's Office Ramon Garcia presented a policy that's mandated by House Bill No.2398 proposed by the 84th Legislature Session. This policy or statute decriminalized truancy, Mrs. Chapa explained that when students were truant they were taken to court and were considered felons. The legislature felt that it was going repeal the criminal offense of the failure to attend school, under the former education code. However, H.B. No.2398 replaced the offense of failure to attend school with a new process of civil enforcement for truant conduct, competently taking the decriminalization off. She informed that this was signed into law by Governor Greg Abbot on June 18, 2015.
The counties were mandated with putting together a consistent truancy policy for the entire county. Schools are now required to keep in mind the best interest of the student in determining where to make the referral. Before a child is sent to a truancy court, a school district must follow very specific requirements under this statute. Mrs. Chapa explained that before this became a law, Texas was one of two states that still criminalize truancy. Pursuant to 25.091, Hidalgo County is required to establish Uniform Truancy Policy. Further, this required an establishment of a committee set by the County Judge and by the mayor with the highest count of membership municipality of the county. Being, County Judge Ramon Garcia and City of McAllen Mayor Jim Darling, appointed a member to serve in the committee to serve as a representative that's required by law. Their job was to appoint someone from the juvenile court, municipal court, office of justice of the peace, superintendent or designee of independent school district, open enrollment charter school, the office of the prosecutor with original truancy jurisdiction in the county and additional appointees that might be needed, as seen by County Judge Ramon Garcia and Mayor Darling.
Mrs. Chapa acknowledged the District Attorney's Office at the direction of District Attorney Ricardo Rodriguez, together with the leadership of Judge Maxine Longoria. Judge Longoria has been working since June 2015 and ever since the committee was placed together. Mrs. Chapa recognized each of the committee members as attached in the backup list.
Mayor Jim Darling assured that it has been very important to meet the legislature requirements that were proposed. He emphasized that just because truancy is being decriminalized that doesn't mean it solves the problem. The mayor claimed that it is important to decriminalize it but also provide an alternative solution for the criminal prosecution, involving drug abuse programs, parental and youth counseling, these type of items that aren't usually an obligation to school districts. He stated that one key for success is the partnership from other local nonprofit organizations, this sort of partnership needs funding and the mayor petition for the court to send the message to Austin. Mayor Darling expressed that this is not going to stop the truancy problem in the State of Texas. What they need to do is what they intent to do and that is other alternatives to the criminal process however, it takes funding that must come from the State otherwise it is not fair to the school districts.
Judge Garcia acknowledged all the work done by the mayor and other members of the committee.
Mrs. Chapa informed that as part of their research they looked at other counties and municipalities that already have policies out there. Together they came out with a policy for Hidalgo County, they provided an oversee of the bill and the different areas that will be implemented. However, she informed that they still have a long way to go since they still need to meet with school districts. Mrs.Chapa advised they are proposing the policies that they submitted pending legal approval.
Judge Maxine Longoria Nash thanked the court on behalf of the District Attorney's Office for the opportunity to be serving in the committee. The judge recognized the staff at the judge's office for all their support in putting together a proper format to present to the court. The deadline to adopt the Uniform Truancy Policy is May 1, 2016. The meetings commence at the beginning of January, they discussed what the new truancy policy would be for the county. She validated that they looked at different policies that have been adopted by other counties and municipalities across the state. The judge notified that they took into consideration recommendations from office of support administration, TMCEC, the Texas Justice Training Center, as well as the Office Appointed Administration. As of right now, they still want to address some segments of the policy in order to have a truly comprehensive policy to be adopted by the county. All school districts in the county, all open enrollment charter schools, and all truancy courts will be required to follow this policy.
The judge informed that the restrictions to make a referral to a truancy court have increase, this legislature has placed a tremendous amount of responsibility on school districts to adopt Truancy Prevention Measures. She explained that this legislature really expanded on what the Truancy Prevention Measures are and when the schools are required to adopt those. The judge also specified that it would be subject legal review by the county's attorney's office, she recommended to approve the propose draft of this policy. Also as part of this policy there will be a set of forms that will be adopted as part of this policy. The school forms have been completed, which hopefully it will be less likely that the school referral will be rejected when it gets to the truancy prosecutor. The prosecutor for the county is Eric Schreiber, the judge announced that they've been working closely with the District Attorney's Office and the Judge's Office to make sure they approve the policy that is consistent with the duties that are required by the statute. Part of these duties include making recommendations for propose changes to the law, they have identified 4 segments of this bill that are creating confusion across the state and hope to clarify some of the issues that are causing problems for the State.
On behalf of the Committee, The District Attorney's Office and The County Judge's Office, Jude Maxine Longoria Nash submitted the propose draft for consideration of the court subject to legal review.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mrs. Yolanda Chapa included acknowledgments to District Attorney Mrs. Josephine Ramirez and District Attorney Mr. Victor Garza Civil Division.
Commissioner Palacios stepped away from the meeting.
Court proceeded to Item.11.A.
Attachments:
6.
Constables:
A.
AI-54273
Constable Pct. 2:
Discussion, consideration and approval to appoint Rogelio Rey Torres and Lenette Renee Valdez as Reserve Deputy Constable by Constable Martin N. Cantu, Constable Precinct 2, in accordance with Texas Local Government Code Section 86.012.
Commissioner Flores 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: 4 - 0 - Unanimously
Discussion, consideration and approval to appoint Rogelio Rey Torres and Lenette Renee Valdez as Reserve Deputy Constable by Constable Martin N. Cantu, Constable Precinct 2, in accordance with Texas Local Government Code Section 86.012.
Commissioner Flores 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: 4 - 0 - Unanimously
Attachments:
B.
AI-54265
Constable Pct. #3:
Local Border Security Program:
1. Approval of Resolution for LBSP 17 Grant to designate Judge Ramon Garcia as grantee's authorized official and to sign required documents (grant period - September 1, 2016 - August 31, 2017)
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
Equipment for Border Operations - ATV Grant:
2. Approval of Resolution for Equipment for Border Operations - ATV Grant to designate Judge Ramon Garcia as grantee's authorized official and to sign required documents (grant period - September 1, 2016 - February 28, 2017)
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
Local Border Security Program:
1. Approval of Resolution for LBSP 17 Grant to designate Judge Ramon Garcia as grantee's authorized official and to sign required documents (grant period - September 1, 2016 - August 31, 2017)
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
Equipment for Border Operations - ATV Grant:
2. Approval of Resolution for Equipment for Border Operations - ATV Grant to designate Judge Ramon Garcia as grantee's authorized official and to sign required documents (grant period - September 1, 2016 - February 28, 2017)
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:
C.
AI-54244
Constable Pct. 4 (1220):
1. Approval of certification of revenues, as certified by the County Auditor, for the 2016 Peace Officer Allocation - LEOSE funds awarded and received from the Texas Comptroller of Public Accounts Office.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
2. Approval of 2016 appropriation of funds for Constable Pct 4 - LEOSE (1220) in the amount of $1,706.61.
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
1. Approval of certification of revenues, as certified by the County Auditor, for the 2016 Peace Officer Allocation - LEOSE funds awarded and received from the Texas Comptroller of Public Accounts Office.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
2. Approval of 2016 appropriation of funds for Constable Pct 4 - LEOSE (1220) in the amount of $1,706.61.
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:
D.
AI-54308
Constable Precinct 4:
Discussion, consideration, and approval to appoint Francisco Javier Luevano as Deputy Constable by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.011.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Discussion, consideration, and approval to appoint Francisco Javier Luevano as Deputy Constable by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.011.
On motion by COMMISSIONER PCT. 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:
7.
Executive Office:
A.
AI-54263
Environmental Compliance:
Reporting the submittal of Hidalgo County's Tier 2 Chemical Inventory Report for 2015 to Texas Commission on Environmental Quality and requesting payment of the associated fee of $100.00 based on types and quantities of materials stored by the county.
Mr. Martin Ramirez informed that this is the standard annual reporting on the hazardous materials that the county has stored on sites. This used to be part of the Texas Department of Health Services now ,is part of the Texas Commission on Environmental Quality. The department takes care of it for the County and the Drainage District.
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. Ramirez noted that currently they are working on the MS4, which the storm water permit for the county. At the moment they're trying to amend an existing permit that was covering the drainage district and are working with them to make sure the district and county are both covered by the permit. Soon they'll be submitting it to the precincts, drainage district and other departments for their review in order to submit to Commissioners Court for approval.
Mr. Guerra stated that the participation or involvement of the county with the district is through an interlocal.
Reporting the submittal of Hidalgo County's Tier 2 Chemical Inventory Report for 2015 to Texas Commission on Environmental Quality and requesting payment of the associated fee of $100.00 based on types and quantities of materials stored by the county.
Mr. Martin Ramirez informed that this is the standard annual reporting on the hazardous materials that the county has stored on sites. This used to be part of the Texas Department of Health Services now ,is part of the Texas Commission on Environmental Quality. The department takes care of it for the County and the Drainage District.
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. Ramirez noted that currently they are working on the MS4, which the storm water permit for the county. At the moment they're trying to amend an existing permit that was covering the drainage district and are working with them to make sure the district and county are both covered by the permit. Soon they'll be submitting it to the precincts, drainage district and other departments for their review in order to submit to Commissioners Court for approval.
Mr. Guerra stated that the participation or involvement of the county with the district is through an interlocal.
8.
HIDTA - Task Force:
A.
AI-54270
HIDTA Task Force (1291):
1. Authorization and approval to accept grant agreement for award no. G16SS0002A between Hidalgo County and the Executive Office of the President, Office of National Drug Control Policy in the amount of $685,705.00 for grant period of 01/01/2016 to 12/31/2017.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
2. Authorization for County Judge, as authorized official, to sign grant award form and related 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
3. Approval of certification of revenues as certified by the County Auditor's Office.
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 of appropriation of funds for the Hidalgo County HIDTA Task Force (Hidalgo County District Attorneys' HIDTA Initiative)
in the amount of $685,705.00 for fiscal year 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
5. Approval of salary redistribution of funds as per Exhibit A, effective next full pay period 05/02/16.
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
6. Approval to revise the salary schedules 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
Ms. Cantu clarified the redistribution of funds for Item.8.A.5. these are changes in the allocation and is within the same funding source and there's no cash match for HIDTA grant.
1. Authorization and approval to accept grant agreement for award no. G16SS0002A between Hidalgo County and the Executive Office of the President, Office of National Drug Control Policy in the amount of $685,705.00 for grant period of 01/01/2016 to 12/31/2017.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
2. Authorization for County Judge, as authorized official, to sign grant award form and related 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
3. Approval of certification of revenues as certified by the County Auditor's Office.
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 of appropriation of funds for the Hidalgo County HIDTA Task Force (Hidalgo County District Attorneys' HIDTA Initiative)
in the amount of $685,705.00 for fiscal year 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
5. Approval of salary redistribution of funds as per Exhibit A, effective next full pay period 05/02/16.
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
6. Approval to revise the salary schedules 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
Ms. Cantu clarified the redistribution of funds for Item.8.A.5. these are changes in the allocation and is within the same funding source and there's no cash match for HIDTA grant.
Attachments:
9.
Health & Human Services Department:
A.
AI-54328
Requesting approval to submit budget for Fiscal Year 17 TB State grant contract in the amount of $605,561.00 with a required local match of $121,112.00.
Mr. Olivarez announced that this contract is from September 1, 2016 to August 2017. He mentioned that no money was taken away.
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
Mr. Olivarez announced that this contract is from September 1, 2016 to August 2017. He mentioned that no money was taken away.
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-54327
1. Requesting approval to submit grant application for Healthy Texas Women Program.
2. Requesting approval for County Judge to sign required forms and documents.
Mr. Olivarez asked the court to take no action on Item.9.B.1. they had considered to apply for this grant however, there're some areas that they do not meet the guidelines for and are not going to apply for.
Court took no action on Items.9.B.1 and 9.B.2.
Judge Garcia suggested Mr. Olivarez to explain the difference between Health District and the Health Care Funding District.
Mr. Olivarez explained the differences under Item.9.C.1
2. Requesting approval for County Judge to sign required forms and documents.
Mr. Olivarez asked the court to take no action on Item.9.B.1. they had considered to apply for this grant however, there're some areas that they do not meet the guidelines for and are not going to apply for.
Court took no action on Items.9.B.1 and 9.B.2.
Judge Garcia suggested Mr. Olivarez to explain the difference between Health District and the Health Care Funding District.
Mr. Olivarez explained the differences under Item.9.C.1
Attachments:
C.
Health Care Funding District:
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
Mr. Olivarez explained that the Health Care Funding District was established due to Senate Bill 1623, two sessions ago. The reason the law was set up was because the County's Health & Human Services Department did not qualified as a county to get 1115 Waiver money. They had allocated $829 million to Hidalgo, Willacy, Cameron and Starr Counties. The county did not qualified for that money because they did not have a tax base source. Mr. Olivarez informed that what happened was that there was about $400 million dollars left that was not utilized for health care funding to assist the community.
Subsequently, two sessions ago Senate Bill 1623 was developed to allow Cameron County, Hidalgo County and Webb County for the law to allow private hospitals to develop a local provider fund. Hospitals would pay a fee or tax, they submit to the county and the county would get that fee and return it and use it as a multiplier for the 1115 funding. This allowed to maximize the most out of the $821 million that was allocated money to the region. Due to the LPPF funding they have been able to go up to used $729 million over a 5 year period of the $829 million. Whereas, if the LPPF had not been created they would of only been able to utilize $290 million dollars and would have lost significant money from the state.
Mr. Olivarez assured that this is not a taxing district, Hidalgo County Care Funding District which was named by law this way clearly outlines that this is not tax payer money. This is hospital money that is submitted and multiplied to be used for the 1115 projects. As a clarification, Mr. Olivarez mentioned that 1115 projects involves all medical schools residency programs.
Court took no action on this item.
Mr. Olivarez explained that the Health Care Funding District was established due to Senate Bill 1623, two sessions ago. The reason the law was set up was because the County's Health & Human Services Department did not qualified as a county to get 1115 Waiver money. They had allocated $829 million to Hidalgo, Willacy, Cameron and Starr Counties. The county did not qualified for that money because they did not have a tax base source. Mr. Olivarez informed that what happened was that there was about $400 million dollars left that was not utilized for health care funding to assist the community.
Subsequently, two sessions ago Senate Bill 1623 was developed to allow Cameron County, Hidalgo County and Webb County for the law to allow private hospitals to develop a local provider fund. Hospitals would pay a fee or tax, they submit to the county and the county would get that fee and return it and use it as a multiplier for the 1115 funding. This allowed to maximize the most out of the $821 million that was allocated money to the region. Due to the LPPF funding they have been able to go up to used $729 million over a 5 year period of the $829 million. Whereas, if the LPPF had not been created they would of only been able to utilize $290 million dollars and would have lost significant money from the state.
Mr. Olivarez assured that this is not a taxing district, Hidalgo County Care Funding District which was named by law this way clearly outlines that this is not tax payer money. This is hospital money that is submitted and multiplied to be used for the 1115 projects. As a clarification, Mr. Olivarez mentioned that 1115 projects involves all medical schools residency programs.
Court took no action on this item.
Attachments:
D.
Indigent Health Care Program:
1.
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
Mr. Olivarez informed that for this program the commissioners court acts as the body that deals with Indigent Defense Services. This year they allocated $5.5 million for indigent care, this money is utilize through the 1115 Waiver and multiplied. He informed that the county already submitted that funding in January and has been multiplied this year.
The multiplier as of this week is about $1.38 for every dollar the county puts in or the hospitals put in on the LPPF, they receive an additional $1.38 and they would get back $2.38 for the initial dollar contribution.
Court took no action on this item.
Mr. Olivarez informed that for this program the commissioners court acts as the body that deals with Indigent Defense Services. This year they allocated $5.5 million for indigent care, this money is utilize through the 1115 Waiver and multiplied. He informed that the county already submitted that funding in January and has been multiplied this year.
The multiplier as of this week is about $1.38 for every dollar the county puts in or the hospitals put in on the LPPF, they receive an additional $1.38 and they would get back $2.38 for the initial dollar contribution.
Court took no action on this item.
Attachments:
10.
Fire Marshal's Office:
A.
AI-54301
Requesting approval of Amendment to the following 2016 Rural Emergency Services Interlocal Agreement(s) with:
1. City of Donna
2. City of Edcouch
3. City of Hidalgo
4. City of La Villa
5. City of Mission
6. City of Palmview
7. City of Edinburg
8. City of San Juan
9. City of Sullivan
This is an amendment to clarify the verbiage on the contract to make it more clear and include updated maps to justify the city limits.
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.12.A.
1. City of Donna
2. City of Edcouch
3. City of Hidalgo
4. City of La Villa
5. City of Mission
6. City of Palmview
7. City of Edinburg
8. City of San Juan
9. City of Sullivan
This is an amendment to clarify the verbiage on the contract to make it more clear and include updated maps to justify the city limits.
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.12.A.
Attachments:
- Legals Approval
- Amendment-Donna
- Amendment-Edcouch
- Amendment-Edinburg
- Amendment-Hidalgo
- Amendment-LaVilla
- Amendment-Mission
- Amendment-Palmview
- Amendment-San Juan
- Amendment-Sullivan
- Amendment #1 ICA City of Mission Executed.
- Amendment No.1 City of Donna
- Amendment #1 City of Edcouch.
- Amendment #1 ICA City of Hidalgo Executed.
- Amendment #1 ICA City of San Juan Executed.
- ICA Executed City of Alamo
- ICA Executed La Villa.
- ICA Executed City of Palmview.
- Amendment No.1 City of Sullivan.
- Amendment Executed.
11.
Urban County:
A.
AI-54332
Presentation regarding the 2016 Urban County Leadership Conference, which was held Thursday, April 14 through Saturday, April 18, 2016.
Mrs. Serna spoke about the Urban County Leadership Program conference held April 15 - 16 she explained that the conference is essentially for elected officials and staff to learn about funding sources available to their communities. Aside from receiving community development funds, which they get from the County of Hidalgo through the Urban County Program, there're agencies that make presentations advising them of the kind of funding available to smaller communities. Agencies such as the USD Rural Development, Texas Department of Transportation, Texas Department of Housing and Community Affairs, Small Business Administration and Economic Development Administration. Mrs Serna informed that this year they had the governor's office on economic development and tourism that provided information to smaller cities. The attendees are provided with leadership and educational courses such as, training on open meetings, Texas Open Meetings Act, as well as walking quorums, the participants also received updates from the legislature regarding the upcoming legislature session and federal legislative issues.
The conference is finalized with the selection of Urban County Leadership Conference Awarding Recipient, previous recipients of this award have been instrumental in guiding local communities and providing assistance and obtaining funding for projects. Among the previous winners, Richard Lopez from th US Department of Housing Urban Development, Paco Valentin State Director of Rural Development for the U.S. Department of Agriculture, Amadeo Saenz and Mario Jorge from TxDOT, as well as Pedro Garza Economic Development Administration. Mrs. Serna recognized the 2016 recipient of the Urban County Leadership Conference Award Judge Ramon Garcia.
Judge Garcia thanked Mrs. Serna and the committee for the honor.
Mrs.Serna presented the 2016 award on behalf of the Urban County Leadership Conference Award to Judge Garcia for his outstanding leadership and support to the small communities of Hidalgo County.
Commissioner Palacios joined the meeting.
Court took no action on this item.
Mrs. Serna spoke about the Urban County Leadership Program conference held April 15 - 16 she explained that the conference is essentially for elected officials and staff to learn about funding sources available to their communities. Aside from receiving community development funds, which they get from the County of Hidalgo through the Urban County Program, there're agencies that make presentations advising them of the kind of funding available to smaller communities. Agencies such as the USD Rural Development, Texas Department of Transportation, Texas Department of Housing and Community Affairs, Small Business Administration and Economic Development Administration. Mrs Serna informed that this year they had the governor's office on economic development and tourism that provided information to smaller cities. The attendees are provided with leadership and educational courses such as, training on open meetings, Texas Open Meetings Act, as well as walking quorums, the participants also received updates from the legislature regarding the upcoming legislature session and federal legislative issues.
The conference is finalized with the selection of Urban County Leadership Conference Awarding Recipient, previous recipients of this award have been instrumental in guiding local communities and providing assistance and obtaining funding for projects. Among the previous winners, Richard Lopez from th US Department of Housing Urban Development, Paco Valentin State Director of Rural Development for the U.S. Department of Agriculture, Amadeo Saenz and Mario Jorge from TxDOT, as well as Pedro Garza Economic Development Administration. Mrs. Serna recognized the 2016 recipient of the Urban County Leadership Conference Award Judge Ramon Garcia.
Judge Garcia thanked Mrs. Serna and the committee for the honor.
Mrs.Serna presented the 2016 award on behalf of the Urban County Leadership Conference Award to Judge Garcia for his outstanding leadership and support to the small communities of Hidalgo County.
Commissioner Palacios joined the meeting.
Court took no action on this item.
B.
AI-54347
Urban County Program on behalf of City of Alton is requesting authority to purchase bunker gear through Hidalgo County’s membership and participation with Buyboard approved vendor Casco Industries, (Buyboard Contract # 432-13) in the amount of $10,062.60 (quote attached hereto). There are no shipping fees. City of Alton UCP Year 28 (2015) Fire Station Equipment funds will be utilized along with City General 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: 5 - 0 - Unanimously
Court proceeded back to Item.5.A.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Court proceeded back to Item.5.A.
Attachments:
12.
IT Department:
A.
AI-54269
DISTRICT ATTORNEY'S OFFICE
Authorization and approval to change current mobile device number on cell phone assigned to Office Use through the County's membership/participation with CONTRACT DIR-SDD-1779 for VERIZON WIRELESS for the following:
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
Authorization and approval to change current mobile device number on cell phone assigned to Office Use through the County's membership/participation with CONTRACT DIR-SDD-1779 for VERIZON WIRELESS for the following:
| Description: | User: | Current MDN: |
| Change MDN | Office Use | 956-457-2562 |
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Attachments:
13.
Elections Administration:
A.
Discussion and/or action, including but not limited to Elections updates
Mrs. Yvonne Ramon informed that as of yesterday they started 11 local raises, they have 6 cities, 4 school districts and 1 water district.
The school districts are Mission ISD, Progreso ISD, along with bond elections Donna ISD and Weslaco ISD. Additionally, the Agua Special Utility District were they have directors for the City of Palmview, place 1 & 3.
Court took no action on this item.
Commissioner Palacios stepped away from the meeting.
Mrs. Yvonne Ramon informed that as of yesterday they started 11 local raises, they have 6 cities, 4 school districts and 1 water district.
The school districts are Mission ISD, Progreso ISD, along with bond elections Donna ISD and Weslaco ISD. Additionally, the Agua Special Utility District were they have directors for the City of Palmview, place 1 & 3.
Court took no action on this item.
Commissioner Palacios stepped away from the meeting.
B.
AI-54306
Approval of Full Contract for Election Services between Hidalgo County and the City of Granjeno for their election to be held on May 7, 2016.
Commissioner Flores joined the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Commissioner Flores joined the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
C.
AI-54313
Approval of Full Contract for Election Services between Hidalgo County and the Mission Consolidated Independent School District 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
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
D.
AI-54312
Approval of Full Contract for Election Services between Hidalgo County and the Weslaco Independent School District 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
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
E.
AI-54310
Approval of Full Contract for Election Services between Hidalgo County and the City of Mercedes 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
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
14.
Head Start Program:
A.
AI-54314
Approval to Relocate a Two Classroom Portable Building from the San Juan II Head Start Center, 601 Earling Road, San Juan, Texas to the Edinburg IV Head Start Center, 3215 Richardson Road, Edinburg, Texas, to Address Population Needs
Mrs. Flores informed that they'll be relocating it until the new year.
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
Mrs. Flores informed that they'll be relocating it until the new year.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
B.
AI-54304
Discussion/Approval of Budget Amendment
Commissioner Palacios joined the meeting.
Mrs. Flores informed the court that the program was extended from 2015 to cover from January to June. At this particular point there's some funding that will be available for them to complete the six month period under the extension, she asked to be able to utilize those funds to make purchases shown on second page. Items will be cargo vans, passenger van, pick up truck and a truck and lift. Including construction materials computers, special services supplies, tires, maintenance work, air conditioning units to keep available, electrical supplies, bus repairs, among other as listed on backup.
Once more she asked for approval to submit budget amendment.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Commissioner Cuellar stepped away from the meeting.
Commissioner Palacios joined the meeting.
Mrs. Flores informed the court that the program was extended from 2015 to cover from January to June. At this particular point there's some funding that will be available for them to complete the six month period under the extension, she asked to be able to utilize those funds to make purchases shown on second page. Items will be cargo vans, passenger van, pick up truck and a truck and lift. Including construction materials computers, special services supplies, tires, maintenance work, air conditioning units to keep available, electrical supplies, bus repairs, among other as listed on backup.
Once more she asked for approval to submit budget amendment.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Commissioner Cuellar stepped away from the meeting.
Attachments:
15.
Planning Department:
A.
AI-54290
1. Preliminary Approval
a. RSBR FM 681 Subdivision - Pct. 3 (Sergio & Rosario Saenz) (Moorefield Road & Mile 10 N. Road)
b. Kenyon Vegas Ranches Subdivision- Pct. 4 (Garco, LTD) (Kenyon Road &Mile 19 N. Road)
c. Ranchitos Escondidos Ph. 2 Subdivision- Pct. 4 (CWL Limited) (Cesar Chavez Road & FM 2812)
d. Tierra De Santa Cruz No. 2 Subdivision- Pct. 4 (Santa Cruz Properties) (Cibolo Road & Brushline Road)
e. San Martin No. 1 Subdivision- Pct. 1 (Tierra Buena Dev., Inc.) (Canton Road & ValVerde Road)
f. San Martin No. 2 Subdivision- Pct. 1 (Tierra Buena Dev. Inc.) (Canton Road & ValVerde Road)
g. Lantana Acres No. 8 Subdivision- Pct. 1 (The Three Grandes, LTD) (Mile 22 ½ N. Road & Engleman Gardens Road)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
2. Final Approval
a. RSBR FM 2128 Subdivision- Pct. 4 (Leticia A. Alamia-O’Neill) (Richardson Road & Alamo Road)
b. Caledonia Estates Ph. 2 Subdivision- Pct. 4 (Ricardo R. Salinas Jr.) (Curry Road & Cesar Chavez Road)
c. Amended Plat for Lot 1 & Lot 2 Ortiz & Resendez Subdivision- Pct. 4 (Miriam Gonzalez) (Curve Road & Cesar Chavez Road)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
3. Reimbursements of Financial Guarantee
a. Anali Subdivision- Pct. 3
Mr. Arredondo stated that the reimbursement is of $18,000 for the installation of septic tanks.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Court proceeded to Item.17.A.
a. RSBR FM 681 Subdivision - Pct. 3 (Sergio & Rosario Saenz) (Moorefield Road & Mile 10 N. Road)
b. Kenyon Vegas Ranches Subdivision- Pct. 4 (Garco, LTD) (Kenyon Road &Mile 19 N. Road)
c. Ranchitos Escondidos Ph. 2 Subdivision- Pct. 4 (CWL Limited) (Cesar Chavez Road & FM 2812)
d. Tierra De Santa Cruz No. 2 Subdivision- Pct. 4 (Santa Cruz Properties) (Cibolo Road & Brushline Road)
e. San Martin No. 1 Subdivision- Pct. 1 (Tierra Buena Dev., Inc.) (Canton Road & ValVerde Road)
f. San Martin No. 2 Subdivision- Pct. 1 (Tierra Buena Dev. Inc.) (Canton Road & ValVerde Road)
g. Lantana Acres No. 8 Subdivision- Pct. 1 (The Three Grandes, LTD) (Mile 22 ½ N. Road & Engleman Gardens Road)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
2. Final Approval
a. RSBR FM 2128 Subdivision- Pct. 4 (Leticia A. Alamia-O’Neill) (Richardson Road & Alamo Road)
b. Caledonia Estates Ph. 2 Subdivision- Pct. 4 (Ricardo R. Salinas Jr.) (Curry Road & Cesar Chavez Road)
c. Amended Plat for Lot 1 & Lot 2 Ortiz & Resendez Subdivision- Pct. 4 (Miriam Gonzalez) (Curve Road & Cesar Chavez Road)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
3. Reimbursements of Financial Guarantee
a. Anali Subdivision- Pct. 3
Mr. Arredondo stated that the reimbursement is of $18,000 for the installation of septic tanks.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Court proceeded to Item.17.A.
Attachments:
16.
Precinct #1 - Comm. Cuellar:
A.
AI-54299
Proclamation in Honor of the Progreso High School Red Ants Soccer Team
The Red Ants Varsity Soccer team from the Progresso High School was presented a Proclamation for their outstanding advancement to the regional semifinals, regional finals, state semifinals and the state finals.
Commissioners Court along with Precinct 1 honored head coach Margarito Jimenez, Jr. and assistant coaches Frank Martinez, Tonny Constante, and Manny Garcia and Superintendent Mr. Martin Cuellar as well as each of the soccer team members, Arturo Gallegos, Hugo Guajardo, Hector Avila, Samuel Almaguer, Fernando Rios, Juan Puentes, Fabrizzio Gonzalez, Eulises Salinas, Jordi Gaytan, Jonathan Contreras, Rogelio Zamora, Francisco Pineda, Chris Rojas, Alessandro Gonzalez, Jacob Martinez, Anthony Vasquez, Omar Anguiano, Cristian Chavez, Rodrigo Blanco, Arturo Almaguer, Oziel Jaramillo, Oscar Muñoz, Jesus Treviño, Manuel Moreno, Everado Esparza, and Miguel Puentes.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Court proceeded back to Item.5.C.
The Red Ants Varsity Soccer team from the Progresso High School was presented a Proclamation for their outstanding advancement to the regional semifinals, regional finals, state semifinals and the state finals.
Commissioners Court along with Precinct 1 honored head coach Margarito Jimenez, Jr. and assistant coaches Frank Martinez, Tonny Constante, and Manny Garcia and Superintendent Mr. Martin Cuellar as well as each of the soccer team members, Arturo Gallegos, Hugo Guajardo, Hector Avila, Samuel Almaguer, Fernando Rios, Juan Puentes, Fabrizzio Gonzalez, Eulises Salinas, Jordi Gaytan, Jonathan Contreras, Rogelio Zamora, Francisco Pineda, Chris Rojas, Alessandro Gonzalez, Jacob Martinez, Anthony Vasquez, Omar Anguiano, Cristian Chavez, Rodrigo Blanco, Arturo Almaguer, Oziel Jaramillo, Oscar Muñoz, Jesus Treviño, Manuel Moreno, Everado Esparza, and Miguel Puentes.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Court proceeded back to Item.5.C.
Attachments:
17.
Precinct #4 - Comm. Palacios:
A.
AI-54307
Appointment of member to the Hidalgo County Housing Authority
Mr. Ozuna informed that they'll be reappointing Oscar Castañeda as it expires in May.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Mr. Ozuna informed that they'll be reappointing Oscar Castañeda as it expires in May.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 -Unanimously
Attachments:
18.
Budget & Management:
A.
AI-54350
Approval to rescind action on the following Agenda Items:
Commissioner Cuellar joined the meeting.
Mr. Cruz noted for item #52911 they're only asking to rescind action on the transfer itself.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
| CCT DATE | AI NO. | REASON |
| 01/19/2016 | 52911-REGULAR | TRANSFER NEVER ATTACHED |
| 03/07/2016 | 53670-CONSENT | INSUFFICIENT FUNDS/NO LONGER NEEDED |
| 03/07/2016 | 53659-CONSENT | USE NOT PERMITTED; FUNDED THROUGH GF INSTEAD |
Commissioner Cuellar joined the meeting.
Mr. Cruz noted for item #52911 they're only asking to rescind action on the transfer itself.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
B.
AI-54326
Consideration and approval of Resolution authorizing publication of the County's Notice of Intent to Issue Certificates of Obligation in an amount not to exceed $40,000,000 as authorized under state law for purposes of paying contractual obligations of the County to be incurred for certain projects and to pay for the cost of issuance of the certificates of obligations and making other provisions regarding matters incident thereto.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Mr. Cruz mentioned that this was based on the CIP workshop from last week and is in accordance with the discussed items. This also includes the mechanic shop of $1.2 million dollars increase.
Commissioner Cantu questioned if the timeline does not put them working on the architectural until a year or two from now, would they still include $9 million dollars into the $40 million. On that regard, Mr. Cruz commented that right now it is best to include it. However, if there's a significant delay they have program additional issuances within the same CIP.
Mr. Cruz reminded the court that the initial CIP presented last week, was about $300 million dollars. This included significant road projects for all precincts. The majority of the projects are road and drainage improvements, the only item out of the norm is the new courthouse. Mr. Cruz informed that there's no language included in regards to any adult detention center or potential expansion of the jail. These were not included and he does not foresee the court being able to move forward with it, under this issuance.
Judge Garcia reminded Mr. Cruz that at the last meeting he mentioned that if they did not borrow now or include it now, right now it's included in the expenses of 2%. Mr. Cruz stated to the judge that if they weren't to include the $9 million in this issuance then, in four months from now they decide to move forward with it they would have a new issuance cost of about 2% and would have to pay additional percent to the attorney general, plus additional ratings, escrow fees, and others.
Commissioner Palacios commented that he wouldn't want to be limited for any means. Specifically, for professional services he stated that they still haven't selected or negotiated and doesn't want to be showing what they have in the bank account to provide those services when they still haven't even negotiated. Once more, the commissioner stated that he wanted to be clear that this numbers do not represent exactly what's available for professional services.
Mr. Cruz noted that all the professional services are logged into the amount and do not have a year mark, for professional services and certainly have some cost estimates. It would not be inclusive of every single project that's in the CIP, but it is the majority of the projects.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Mr. Cruz mentioned that this was based on the CIP workshop from last week and is in accordance with the discussed items. This also includes the mechanic shop of $1.2 million dollars increase.
Commissioner Cantu questioned if the timeline does not put them working on the architectural until a year or two from now, would they still include $9 million dollars into the $40 million. On that regard, Mr. Cruz commented that right now it is best to include it. However, if there's a significant delay they have program additional issuances within the same CIP.
Mr. Cruz reminded the court that the initial CIP presented last week, was about $300 million dollars. This included significant road projects for all precincts. The majority of the projects are road and drainage improvements, the only item out of the norm is the new courthouse. Mr. Cruz informed that there's no language included in regards to any adult detention center or potential expansion of the jail. These were not included and he does not foresee the court being able to move forward with it, under this issuance.
Judge Garcia reminded Mr. Cruz that at the last meeting he mentioned that if they did not borrow now or include it now, right now it's included in the expenses of 2%. Mr. Cruz stated to the judge that if they weren't to include the $9 million in this issuance then, in four months from now they decide to move forward with it they would have a new issuance cost of about 2% and would have to pay additional percent to the attorney general, plus additional ratings, escrow fees, and others.
Commissioner Palacios commented that he wouldn't want to be limited for any means. Specifically, for professional services he stated that they still haven't selected or negotiated and doesn't want to be showing what they have in the bank account to provide those services when they still haven't even negotiated. Once more, the commissioner stated that he wanted to be clear that this numbers do not represent exactly what's available for professional services.
Mr. Cruz noted that all the professional services are logged into the amount and do not have a year mark, for professional services and certainly have some cost estimates. It would not be inclusive of every single project that's in the CIP, but it is the majority of the projects.
Attachments:
C.
Budget Appropriations:
1.
AI-54185
Constable Pct. 1 (1100):
A. Approval of Certification of Revenues by County Auditor for Constable Pct.1.
B. Approval of 2016 appropriation of funds for Constable Pct. 1 in the amount of $4,000.00 to fund repair and maintenance service 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: 5 - 0 – Unanimously
A. Approval of Certification of Revenues by County Auditor for Constable Pct.1.
B. Approval of 2016 appropriation of funds for Constable Pct. 1 in the amount of $4,000.00 to fund repair and maintenance service 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: 5 - 0 – Unanimously
Attachments:
19.
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).
Mrs. Salazar requested a moment of remembrance in honor of the Honorable Former County Clerk Mrs. Pauline Gonzalez.
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).
Mrs. Salazar requested a moment of remembrance in honor of the Honorable Former County Clerk Mrs. Pauline Gonzalez.
A.
Hidalgo County
1.
AI-54296
A. Approval for signatory authority for Commissioners or their designees to execute Heavy Equipment Rental Agreements [approved by legal counsel - DA's Office] for the 4 following awarded vendors [CC 04-19-16 AI#54118]:
1. Big D Tractor Company, LLC, dba, Frontera Equipment/Blue Cat Rentals - compliance issues complete
2. Nueces Power Equipment - compliance issues complete
3. Romco Equipment Company - compliance issues complete
4. Tejas Rental - subject to compliance of items required by County and statutes;
Mrs. Salazar informed that the first 3 vendors are fully compliant with all requirements, that is amending their contracts to include wording requested by the DA's and all have submitted HB1295. Mrs. Salazar stated that Tejas Rental did filed HB1295 and have the least equipment awarded, but still haven't received the amendment agreement from them. Therefore, the first 3 would be able to utilize except no.4 Tejas Rental.
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: 5 - 0 -Unanimously
B. Approval of Designated Signatories other than Commissioners and/or Executive Officer:
1. Precinct #1: Raul Lozano;
2. Precinct #2: Armando Garza, Jr.;
3. Precinct #3: Domingo Villarreal;
4. Precinct #4: Jesse Ozuna;
5. Facilities Management Dept.: Executive Office, Mr. Valde Guerra recommend himself.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
1. Big D Tractor Company, LLC, dba, Frontera Equipment/Blue Cat Rentals - compliance issues complete
2. Nueces Power Equipment - compliance issues complete
3. Romco Equipment Company - compliance issues complete
4. Tejas Rental - subject to compliance of items required by County and statutes;
Mrs. Salazar informed that the first 3 vendors are fully compliant with all requirements, that is amending their contracts to include wording requested by the DA's and all have submitted HB1295. Mrs. Salazar stated that Tejas Rental did filed HB1295 and have the least equipment awarded, but still haven't received the amendment agreement from them. Therefore, the first 3 would be able to utilize except no.4 Tejas Rental.
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: 5 - 0 -Unanimously
B. Approval of Designated Signatories other than Commissioners and/or Executive Officer:
1. Precinct #1: Raul Lozano;
2. Precinct #2: Armando Garza, Jr.;
3. Precinct #3: Domingo Villarreal;
4. Precinct #4: Jesse Ozuna;
5. Facilities Management Dept.: Executive Office, Mr. Valde Guerra recommend himself.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 -Unanimously
Attachments:
2.
AI-54293
A. Presentation of scoring grid for the purposes of ranking by Hidalgo County Commissioner Court ["Committee"] of the firms nominated by same at CC meeting of 04-19-16 in connection with engaging professional engineering services for Off-Site Services in connection with the construction of the New Hidalgo County Courthouse for the Roadway & Drainage Improvements associated with the Business 281/SH 107 Intersection affecting construction of said project so as to proceed with the next phase of the process;
| Firms Nominated | L & G Engineering | TEDSI Infrastructure | Halff & Associates |
| Evaluator 1 | |||
| Evaluator 2 | |||
| Evaluator 3 | |||
| Evaluator 4 | |||
| Evaluator 5 | |||
| Scores | 489 | 464 | 466 |
| Ranking | 1 | 3 | 2 |
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Requesting authority for the Purchasing Dept. [along w/Hon. David D. Peden if so directed or other party] to commence negotiations with the number one ranked firm of: L & G Engineering for a professional engineering contract in connection with the Off-Site Services for the Roadway and Drainage Improvements associated with the Business 281/SH 107 Intersection affecting the construction of the New Hidalgo County Courthouse 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: 5 - 0 - Unanimously
Mrs. Salazar asked the court members if they wished to include Mr. Peden as far as to the form of the agreement and designate anyone from the court to help with negotiation other than purchasing.
In regards, Commissioner Flores and Commissioner Cantu agreed to select Commissioner Palacios as he is the representative for the MPO.
3.
AI-53580
Approval of "First Amendment" to Service Contract #C-15-281-10-27 with Elite Transportation the inclusion of "Amended Exhibits "A1-Specifications/Requirements and B1-Bid Page" to the contract for the provision of the "Dead Body Pickup and Transport Services" whereas such revisions were imperative due to certain decedent circumstances as detailed in supporting documentation.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B.
Pct. 1
1.
AI-54317
A. Acceptance and approval of the proposed Professional Engineering Contract #C-16-164-04-26 with Aranda & Associates, Inc. for "Roadway Reconstruction Projects-Mile 11 from FM 1015 to Mile 1W and Mile 14 ½ from Mile 4 to Mile 6" for Hidalgo County Precinct One, as approved by CC for negotiations on 04/05/16; and
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Acceptance and approval of the following Work Authorizations No. 1 and 2 amid proposed Contract #C-16-164-04-26 and as pursuant to action to the aforementioned line item with Aranda & Associates, Inc. for the provision of professional engineering services for the "Roadway Reconstruction Projects-Mile 11 from FM 1015 to Mile 1W and Mile 14½ from Mile 4 to Mile 6" and as funding is being determined.
Work Authorization No. 1-Mile 11 from FM 1015 to Mile 1W: $161,155.00
Work Authorization No. 2-Mile 14½ from Mile 4 to Mile 6: $149,300.00
Judge Garcia stepped away from the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
B. Acceptance and approval of the following Work Authorizations No. 1 and 2 amid proposed Contract #C-16-164-04-26 and as pursuant to action to the aforementioned line item with Aranda & Associates, Inc. for the provision of professional engineering services for the "Roadway Reconstruction Projects-Mile 11 from FM 1015 to Mile 1W and Mile 14½ from Mile 4 to Mile 6" and as funding is being determined.
Work Authorization No. 1-Mile 11 from FM 1015 to Mile 1W: $161,155.00
Work Authorization No. 2-Mile 14½ from Mile 4 to Mile 6: $149,300.00
Judge Garcia stepped away from the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
C.
Pct. 2
1.
AI-54316
Pursuant to an existing Sole Source Declaration [current and unrevoked by CC] approval and authority to execute an AEP Texas Central Company Contribution-Aid-of-Construction Agreement for Electrical Distribution Service as requested by Pct. #2 at the Field Operations Facility located at 4011 S. Veterans Blvd., San Juan, Tx so as to extend electric service behind the facility to power up an oil tank that will be delivered and installed in the next few weeks and subject to compliance with HBs 23 &1295 if and when applicable.
Commissioner Cantu informed Mrs. Salazar that they'll be taking no action on this item.
Court took no action on this item.
Commissioner Cantu informed Mrs. Salazar that they'll be taking no action on this item.
Court took no action on this item.
Attachments:
2.
AI-54302
Acceptance and award of proposal received from Doggett Machinery Services-Houston, TX. awarded vendor through Hidalgo County's participation/membership with TASB Buyboard Contract #424-13, for the purchase of "ONE (1) New Dynapac CP142 Pneumatic Roller" for $ 74,152.00, to include but not limited to, BuyBoard fee's & delivery for use on proposed Road Improvements within Pct. 2 through Project#2016-191-SGS and subject HB1295 and.or HB23 when and if applicable.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
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:
D.
Pct. 3
1.
AI-54158
Authority to advertise with approval of RFB plans and specifications developed and drafted by project engineer: L & G Engineering., for Hidalgo County Precinct No. 3- "La Joya Watershed Improvements - South Detention Basin- RFB 2016-161-05-25-YZV, including the re-advertisement of project in the event that no bids are received and/or are rejected and project is still required with a determination by HCCC if Add-Ons A & B will be awarded on phased basis.
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
Court proceeded to Item.21.
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
Court proceeded to Item.21.
Attachments:
20.
Open Forum
Judge Garcia acknowledged the presence of State Representative Mr. Oscar Longoria
1) Tiffany Solis representing Linebarger Goggan Blair & Sampson, LLP announced the upcoming meeting were they'll discuss and answer any questions in regards to property taxes. The law firm together with the Hidalgo County Tax Assessor's Office and Hidalgo County Appraisal District Office will give presentations in regards to the property tax cycle. The meeting is schedule for Wednesday, May 4, 2016 at 5:30 to 7 pm at the McAllen Public Library.
Commissioner Cuellar joined the meeting.
2) Mrs. Opal Billman referred the 1st Amendment to the Constitution, she expressed that the amendment gives her the right to petition the government for a redress of grievances. She stated her grievances as, the court assigned to them the community property that they indented for them to have, it did not exist. Mrs. Billman claimed that two corporations were formed and the court awarded their debt free, undivided community property to one corporation and is selling it from the second. The police enforce imprisonment which is the unlawful restrain of a person's freedom. She declared that both trials were found not guilty but she suffered double jeopardy and has been label as a repeat offender. According to Mrs. Billman, two couples borrowed seven hundred eighty thousand and twenty eight dollars from two banks using her debt free undivided community property as collateral. She questioned where the title policy is for this transaction as she and her husband did not sell any property. What's more, Mrs. Billman claimed that commercial buildings have been built on her property. She requested to move the buildings and the trespassers from her property.
Mr. Valde Guerra clarified that the Public Participation Form is part of the Open Forum. In that respect identifying those items in the agenda, they're not separate. There's not Open Forum, and then Public Participation Form. Therefore, when the form is filled out they identify the items the participant wants to discuss with the court. Mr. Guerra stated that rules call to allow the presiding judge or member of the court to recognize someone on a item, it is also in the rules.
3) Fern McClaugherty expressed her desire to discuss Items. 9.B.18.B and 19.A.2. She also encouraged people to logged into the appraisal district website to view their property values. She claimed that the only money the county spends comes from the tax payer.
4) Mrs. Virginia Townsand mentioned that anyone interested on health care districts, can log in to the website. It will show how much it has affected Travis County and the taxes.
5) Norma Saldaña referred to the public participation item she signed up for Item.9.C. relating to the Health Care Funding District. She requested to discuss this item and have the court members explain what they are going to be debating about. Mr. Valde Guerra informed Mrs. Saldaña that this discussion will occur when the item comes up on the agenda. He explained to the participant that this time is for the court to hear her concerns, if the court wishes when the item comes up they can recognize her.
Mr. Stev Crain clarified to Mrs. Saldaña that this time was solely for her to address the court and the court could not answer back to her at this time. As it is not proper for the court to have a conversation with her during open forum.
In reference to Item. 9.C.1 Mrs. Saldaña asked if this was contingent item for the ballot in November. On that regard, Judge Garcia informed that they'll clarify when that item comes up.
Furthermore, she presented a letter from the O.W.L.S. that requested an opinion to the Attorney General Office on behalf of the Hidalgo County District Attorney's Office, regarding the House Bill 1596. She interpreted HB1596 as a result of a failed proposition that was voted by the residents of Hidalgo County in 2014. She requested the opinion of the attorney general to whether this new bill is constitutional and if Hidalgo County Commissioners Court may move forward in adding this language as a proposition to the general election ballot of November 2016. Additionally, she argued that Hidalgo County is one of the most over taxed and poorest counties in Texas. She stated that tax payers already pay for the funding of indigent care for services to low income residents. According to Mrs. Saldaña, the health care district can not be funded through tax payer dollars, because only a hospital district is allowed to receive taxes from the county. Therefore, she claimed that this hospital district is in violation of state law. Hence, they are requesting the court's assistance to submit this opinion request to the office of the attorney general.
6) Vanessa Tijerina thanked the court for some road improvements in the City of Mercedes. She stated concerns over Items.9.C.1 and 9.D.1. as per Ms. Tijerina there're a lot of upset people over this issue. She claimed that Hidalgo County is one of poorest and highest taxed area in the nation. According to Ms. Tijerina people feel that they're being taxed twice, and are confused as to why they are being taxed for the health district if they're already being taxed on indigent services. On another note, she also claimed that people are requesting answers in regards to the construction of the new courthouse. She claimed that people want to know exactly were the expenditures are going to. Finally, she requested answers on behalf of the people and as candidate of the Green Party for the 15th Congressional District.
7) Mr. Eddie Olivarez updated the court in regards to the Zika virus, and requested additional assistance from the precincts and the district. He encouraged the maintenance of lawn, gassy areas, the disposal of tires.
Court proceeded to Item.6.A.
Judge Garcia acknowledged the presence of State Representative Mr. Oscar Longoria
1) Tiffany Solis representing Linebarger Goggan Blair & Sampson, LLP announced the upcoming meeting were they'll discuss and answer any questions in regards to property taxes. The law firm together with the Hidalgo County Tax Assessor's Office and Hidalgo County Appraisal District Office will give presentations in regards to the property tax cycle. The meeting is schedule for Wednesday, May 4, 2016 at 5:30 to 7 pm at the McAllen Public Library.
Commissioner Cuellar joined the meeting.
2) Mrs. Opal Billman referred the 1st Amendment to the Constitution, she expressed that the amendment gives her the right to petition the government for a redress of grievances. She stated her grievances as, the court assigned to them the community property that they indented for them to have, it did not exist. Mrs. Billman claimed that two corporations were formed and the court awarded their debt free, undivided community property to one corporation and is selling it from the second. The police enforce imprisonment which is the unlawful restrain of a person's freedom. She declared that both trials were found not guilty but she suffered double jeopardy and has been label as a repeat offender. According to Mrs. Billman, two couples borrowed seven hundred eighty thousand and twenty eight dollars from two banks using her debt free undivided community property as collateral. She questioned where the title policy is for this transaction as she and her husband did not sell any property. What's more, Mrs. Billman claimed that commercial buildings have been built on her property. She requested to move the buildings and the trespassers from her property.
Mr. Valde Guerra clarified that the Public Participation Form is part of the Open Forum. In that respect identifying those items in the agenda, they're not separate. There's not Open Forum, and then Public Participation Form. Therefore, when the form is filled out they identify the items the participant wants to discuss with the court. Mr. Guerra stated that rules call to allow the presiding judge or member of the court to recognize someone on a item, it is also in the rules.
3) Fern McClaugherty expressed her desire to discuss Items. 9.B.18.B and 19.A.2. She also encouraged people to logged into the appraisal district website to view their property values. She claimed that the only money the county spends comes from the tax payer.
4) Mrs. Virginia Townsand mentioned that anyone interested on health care districts, can log in to the website. It will show how much it has affected Travis County and the taxes.
5) Norma Saldaña referred to the public participation item she signed up for Item.9.C. relating to the Health Care Funding District. She requested to discuss this item and have the court members explain what they are going to be debating about. Mr. Valde Guerra informed Mrs. Saldaña that this discussion will occur when the item comes up on the agenda. He explained to the participant that this time is for the court to hear her concerns, if the court wishes when the item comes up they can recognize her.
Mr. Stev Crain clarified to Mrs. Saldaña that this time was solely for her to address the court and the court could not answer back to her at this time. As it is not proper for the court to have a conversation with her during open forum.
In reference to Item. 9.C.1 Mrs. Saldaña asked if this was contingent item for the ballot in November. On that regard, Judge Garcia informed that they'll clarify when that item comes up.
Furthermore, she presented a letter from the O.W.L.S. that requested an opinion to the Attorney General Office on behalf of the Hidalgo County District Attorney's Office, regarding the House Bill 1596. She interpreted HB1596 as a result of a failed proposition that was voted by the residents of Hidalgo County in 2014. She requested the opinion of the attorney general to whether this new bill is constitutional and if Hidalgo County Commissioners Court may move forward in adding this language as a proposition to the general election ballot of November 2016. Additionally, she argued that Hidalgo County is one of the most over taxed and poorest counties in Texas. She stated that tax payers already pay for the funding of indigent care for services to low income residents. According to Mrs. Saldaña, the health care district can not be funded through tax payer dollars, because only a hospital district is allowed to receive taxes from the county. Therefore, she claimed that this hospital district is in violation of state law. Hence, they are requesting the court's assistance to submit this opinion request to the office of the attorney general.
6) Vanessa Tijerina thanked the court for some road improvements in the City of Mercedes. She stated concerns over Items.9.C.1 and 9.D.1. as per Ms. Tijerina there're a lot of upset people over this issue. She claimed that Hidalgo County is one of poorest and highest taxed area in the nation. According to Ms. Tijerina people feel that they're being taxed twice, and are confused as to why they are being taxed for the health district if they're already being taxed on indigent services. On another note, she also claimed that people are requesting answers in regards to the construction of the new courthouse. She claimed that people want to know exactly were the expenditures are going to. Finally, she requested answers on behalf of the people and as candidate of the Green Party for the 15th Congressional District.
7) Mr. Eddie Olivarez updated the court in regards to the Zika virus, and requested additional assistance from the precincts and the district. He encouraged the maintenance of lawn, gassy areas, the disposal of tires.
Court proceeded to Item.6.A.
Attachments:
21.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 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.
Court took no action on this item.
B.
Pending and/or potential litigation
Court took no action on this item.
Court took no action on this item.
C.
AI-54284
Claim of Pedro Guillen
Court took no action on this item.
Court took no action on this item.
D.
AI-54286
Claim of Guadalupe Rivera
Court took no action on this item.
Court took no action on this item.
E.
AI-54288
Claim of Ascencion Martinez
Court took no action on this item.
Court took no action on this item.
F.
AI-54309
Hidalgo v Holchemont
Court took no action on this item.
Court took no action on this item.
22.
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."
B. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
Court took no action on Item.22.A. & B.
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.22.A. & B.
23.
Open Session:
A.
Real Estate Acquisition and appropriation for same
Judge Garcia joined the meeting.
Court took no action on this item.
Judge Garcia joined the meeting.
Court took no action on this item.
B.
Pending and/or potential litigation
Court took no action on this item.
Court took no action on this item.
C.
AI-54285
Claim of Pedro Guillen
Mr. Guerra requested for settlement authority to make an offer in the amount of $80.00
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Guerra requested for settlement authority to make an offer in the amount of $80.00
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
D.
AI-54287
Claim of Guadalupe Rivera
Mr. Guerra requested for settlement authority to make an offer in the amount of $150.00
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Guerra requested for settlement authority to make an offer in the amount of $150.00
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
E.
AI-54289
Claim of Ascencion Martinez
Mr. Guerra requested for settlement authority to make an offer in the amount of $441.40
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
Mr. Guerra requested for settlement authority to make an offer in the amount of $441.40
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
F.
AI-54311
Hidalgo v Holchemont
Court will proceed as directed.
Court will proceed as directed.
24.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
Court took no action on this item.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
Court took no action on this item.
25.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
Court took no action on this item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
Court took no action on this item.
26.
Adjourn
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
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 26 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 26, 2016.
Signed this 26th 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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 26 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 26, 2016.
Signed this 26th 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