Skip to main content

AgendaQuick™

Minutes for CC - REGULAR

SPECIAL MEETING - May 25, 2016

BE IT REMEMBERED, that on this 25th day of May 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
May 25, 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.
 
2.
 
Pledge of Allegiance

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

Mr. Jesus Ozuna led the courtroom in Prayer.

Judge Garcia requested a moment of silence in honor and memory of Mr. Ramon Chapa, husband to County Judge's Office, Chief of Staff Mrs. Yolanda Chapa.

The judge also requested for court to pay respect and gratitude for the upcoming Memorial Day.
 
4.
 
Approval of Consent Agenda

No concerns presented, the court approved the Consent Agenda.

Commissioner Flores stepped away from the meeting.

Court proceeded to Item.17.A.
 
5.
 
County Judge's Office:
 
A.
AI-54724
Discussion, consideration and approval of Amendment to the Economic Development Program Agreement between the County of Hidalgo and Valley Initiative for Development and Advancement (VIDA) and Order approving the same.

Mr. Michael Leo explained that last month the court approved the contract with Valley Initiative for Development and Advancement (VIDA) for the remainder of the year. 

Commissioner Cantu joined the meeting.

Mr. Leo informed that although, the program has always been focus on allied health programs, given the demand, wages and the ability to transition people out of poverty in short periods of time. However, in reviewing the scope of the contract, it reads its limitation to just allied health. Therefore, this amendment clarifies that the program was intended to be open for other fields that VIDA assists with. Fields such as, manufacture, technology, education and social services, and not just limited to allied health. On the other hand, this amendment provides the opportunity to update the budget, which is an exhibit to the agreement. 

Judge Garcia validated that they are not seeking additional monies, solely seeking to use dollars that have been granted in different ways. 

Mr. Leo affirmed with the judge, and restated that these are not to be restricted.

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

Vote: 5 - 0 – Unanimously

Ms. Priscilla Alvarez, Director or Educational & Corporate Relations, (VIDA) expressed gratitude to Commissioners Court for the support they continue to provide.

Commissioner Palacios stepped away from the meeting.
 
6.
 
Constables:
 
A.
AI-54667
Constable Pct. #1:

Discussion, consideration, and approval to appoint Reserve Deputy Constables by Constable Celestino Avila, Constable Precinct 1 in accordance with Texas Local Government Code Section 86.012:
1) Albert Allen Collins
2) Carlos Vasquez III
3) Evelyn Velasquez

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

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-54675
Constable Pct. #2:

Discussion, consideration and approval to appoint Armando Garza and Silvestre Aleman as Reserve Deputy Constables by Martin Cantu, Constable Pct. 2 in accordance with Texas Local Government Code Section 86.012.

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

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI-54758
Constable Pct. #4 (1100):

Approval to terminate Memorandum of Understanding (MOU) with Immigration and Customs Enforcement (ICE) and Hidalgo County Constable Pct. 4 Office  

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:
 
D.
AI-54721
Constable Pct.#4:
Discussion, consideration, and approval to appoint Romero Rodriguez, Jr. as a Reserve Deputy Constable by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.012

Court took no action on this item.
Attachments:
 
7.
 
Tax Office - Paul Villarreal:
 
A.
AI-54723
Discussion, consideration, and approval to adopt, publish new rules, and establish fees that will regulate motor vehicle title services pursuant to Title 7 of the Texas Transportation Code, Subtitle A, Chapter 520

Mr. Castilleja informed that these rules will be publish in the Texas Register and incorporated into the Texas Administrative Code. 


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

Vote: 4 - 0 - Unanimously
 
8.
 
Sheriff's Office:
 
A.
AI-54746
Operation Stonegarden (1284):
Authorization and approval to de-obligate $30,000.00 of Palmview Operation Stonegarden 2014 overtime funds to allocate to City of Mission OPSG 14 grant.

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-54590
Requesting approval for County Treasurer to process payment for fuel reimbursement in the amount of $40.00 to Chief Deputy Mario Lopez after auditing procedures are completed by County Auditor. Chief Deputy Mario Lopez paid for fuel expense with personal credit card due to U.S. Voyager Card not working properly.

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-54653
1. Approval of Certification of Revenues as certified by the County Auditor for $1,500 donation from OXY USA, Inc..

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

2. Approval of budget amendment for $1,500 in the Sheriff's Office.

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

Vote: 5 - 0 - Unanimously
 
9.
 
Executive Office:
 
A.
AI-54663
1.  Update on State Highway 68 project study area by the Texas Department of Transportation

Mr. Homer Bazan, TxDOT Pharr District, updated the court on the status of the SH 68 project. He informed that on March 15, 2016 they held a public meeting and sustained a dead line to receive any public comments by April 15, 2016. They're expecting to have another public meeting coming up in the fall of this year. 

Mr. Rodolfo Rivera, engineer hired by TxDOT, explained that the court has been involved with the Hidalgo Loop since mid 2000's. In 2009, the RMA conducted a public meeting for Section D, of the outer loop. Describing that SH 68 falls into this same section. Additionally,  in 2013 The Texas Transportation Commission, issued a designation minute order. Mr. Rivera emphasized that SH 68, is separate from the loop and stands on its own. Continually, in 2014 TxDOT began environmental assessments for the SH 68 Project. Further, in September 2014, they set a public meeting and established a study area base on the work made by the RMA from 2009. In 2014, they made a recommendation as to where they thought the location for SH 68.

Commissioner Flores joined the meeting.

Later, and after taking into consideration public input, in 2015 TxDOT decided to continue the public study, as to what is called an environmental impact state. According to Mr. Rivera, they established what the needs are for the project, and have presented a draft purpose and need. Consequently, he informed that after studying the process they expanded the study area. Mr. Rivera indicated that after the study process, additional corridors were presented by the public. The engineer presented a slide with the six potential corridors. Further, he specified that as far as construction, only Phase I is funded for construction. Phase I, will construct frontage roads from IH-2/US 83 to FM 1295 (Monte Cristo). Phase II, will be to built the rest of the frontage roads from FM 1295 (Monte Cristo) to IH-69C/US 281.

The engineer stated that as part of the process, they are required to have scoping meetings with the public and agencies. He commented that at one of the scoping meetings they received 450 attendees, and have received over 250 comments from the public. Mr. Rivera presented a slide with a few of those comments,and emphasized that throughout this process they have considered the importance of involving the public and the stakeholders as well. Finally, he informed the court that they have a project office open in Alamo, TX. 

Judge Garcia commented that they have been approached with this type of presentation before, and understands the need for the project. However, the judge stated that the issue becomes as to what this project is going to impact neighborhoods and properties. Judge Garcia acknowledged the presence of some of those concern individuals that could be affected by the SH 68.

2.  Discussion and approval of Resolution of Support for State Highway 68

Commissioner Cuellar stepped away from the meeting.

Mr. Valde Guerra informed the participants of their 15 minute time frame.

Ms. Vanessa Tijerina voiced concerns on behalf of the people from District 15. She questioned the need and the actual benefits that the SH 68 project would really bring into the county.

Mrs. Norma Saldaña requested the members of the court to not sign the resolution in support of the SH 68 Project. Additionally, she questioned the 250 comments received by the public and requested to see copies of those. Further, she stated that this project will cut through poor colonias such as, La Blanca and San Carlos. Mrs. Saldaña stressed on the issues the county faces with drainage and suggested to take care of such problems before other projects.

Mr. John Reaser also spoke about his concerns over the SH 68 Project, he stated that this project has many families terrorized over potentially losing property. 

Mr. John Reaser voiced concerns over the need for the new SH 68 Project, he suggested to use other existing roads such as FM 493. Further, he stated that this project is terrorizing families over the potential lost of their properties. 

Commissioner Cuellar joined the meeting.

Another participant added to those same concerns, he let the court know that he was representing the rest of his community that was going to be affected in a very negative way. He too suggested to consider other existing roads, instead of affecting other people and their lives. 

Once again, Mr. Reaser spoke about the road and suggested to consider existing roads, he emphasized that FM 493 is a straight road with the appropriate right of way.

Mrs. Rachel Villarreal expressed worries over the potential road cutting through her 40 acre property. 

Mrs. Saldaña took time to give her appreciation to the VFW, in the City of Elsa, for all their support on this matter.

Mrs. Fern McClaugherty questioned the reasons as to why the court would consider a letter of support for this project. She also suggested using existing roads such as, US 281 & FM 493. Additionally, she claimed that regardless of the money people receive it would never be enough to rebuilt what they already have. 

Ms. Tijerina suggested to pay the affected families some kind of royalty fee for using the toll road. 

Project engineer Mr. Rodolfo Rivera indicated to the court members that these concerns are similar to the ones they have received through the public meetings. He made clear that people are not opposed to the need and purpose, but oppose to an specific route. 

Judge Garcia questioned the route they are looking into, as they have mentioned about six different proposals 

Mr. Tijerina explained that as of right now they are looking at Val Verde, Alamo Road, FM 493 and US 281. He speechified that they are looking at all comments but are not yet there. 

Judge Garcia asked Mr. Tijerina about the the course of the action he is requesting. On that aspect, Mr. Tijerina stated that the need for the road exist, and since 1960 the infrastructure is still the same for that side of the county. Again, the judge stated that the resolution Mr. Tijerina seeks is not for a particular corridor, but for the need to have a road excess. Mr. Tijerina restated that they are looking into widening US 281, Alamo Road, Val Verde Road (FM 1423), FM 493, and the consideration for the 2014 recommendation, as well as a slight adjustment to the west of FM 107 and 1925.

Commissioner Palacios mentioned that in the past, he sent a  letter to the TxDOT Commission, stating his concerns over the impacts to one of the initial proposed routes. The commissioner pointed out that there were some concerns over the displacements of some families. Commissioner Palacios stated that although this is not a county project, they still have a fiduciary duty to limit the amount of people affected. Nevertheless, he argued that whether they chose FM 493 or Alamo Road, personal properties will be affected. The commissioner questioned Mr. Tijerina on the envelope of the right of way. In regards, Mr. Tijerina explained that they are looking at the need of an additional 270 ft of right of way. 

Commissioner Flores questioned if they would be dividing any land owners. Mr. Tijerina informed that they have a 70 miles per hour design speed, meaning they have very gentle curves, but for the most part they'll be staying within an existing road.

Commissioner Palacios remarked that he hoped for them to identify all the impacts before the State figures out what to do. In connection to the commissioner's comment, Mr. Tijerina advised that they will be looking at the impact this will generate not only to private properties but as well as churches,businesses, farms, and others. 

Judge Garcia implied to Mr. Tijerina, that if they have the opportunity to construct the new road on an existing road and expanding it, then they should just go ahead and do that. Mr. Tijerina commented that they are going to be looking at those options, however, most homes are along existing roads.

Further, Commissioner Palacios suggested to Mr. Tijerina to consider working along with the Drainage District. According to Mr. Tijerina, they have contacted Hidalgo County's Emergency Management, he claimed that SH 68 will be built to hire grounds and will not go under water.

Judge Garcia questioned Mr. Tijerina if he was looking for a letter of support or resolution for the project at this time. On that regard, Mr. Tijerina noted that they were not looking for that in specific.

Mr. Valde Guerra informed the judge at in regards to Item.9.A.2. they would be taken no action at this time.

Court took no action on this item.

Mr. Guerra concluded that they'll be meeting with each precinct to further study the potential routes before contemplating an specific route. 


Judge Garcia emphasized that if they have several proposals they should really consider the least intrusive one. In consideration, Mr. Tijerina explained to the judge that they consider that issue, nevertheless homes and properties will be affected.

Judge Garcia questioned if there was a deadline as to when they'll be presenting to TxDOT. In reference, Mr. Tijerina stated that there's no deadline. The judge advised the engineer that he will have the opportunity to work with precinct 1 and precinct 4 commissioners to hopefully find the least intrusive alternative.

Commissioner Cantu commented that he and Commissioner Palacios have been working on interchange improvements, but have seen some resistance. The commissioner appreciated the fact that TxDOT is now looking into it, as it is important to look at additional routes in case the main route is ever clogged.

Furthermore, Commissioner Palacios indicated that as far as previous ideas to try to facilitate truck traffic coming from the border crossing, the State and others have looked at other possibilities including SH 68. However, the commissioner commented that if they have successfully address the interchange properly, then there wouldn't a need for SH 68.

Carl C. Waitz Elementary, 4th grade student Jade Rodriguez thanked Commissioners Court for the inviting them to experience county government in action.

Commissioner Cantu stepped away from the meeting.
 
B.
AI-54657
Discussion and approval of an Order Closing, Abandoning and Vacating Road to the Extent of Hidalgo County's Interest
(The West & Adams Tracts Subdivision)

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

Vote: 4 - 0 - Unanimously

Court proceeded to Item.5.A.
Attachments:
 
10.
 
Human Resources:
 
A.
AI-54732
Facilities Management (1100): 
1. Discussion, consideration, and approval to change a position title as follows, effective next full pay period.
Action Slot# Dept. /
Program
Position
Title
Budged
Salary
Proposed
Position Title
Title
Change
0017 220-001 Air Condition
Technician I
$26,794.00 Air Condition
Technician Helper

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

 Vote: 5 - 0 - Unanimously

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

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

Vote: 5 - 0 - Unanimously
Attachments:
 
11.
 
HIDTA - Task Force:
 
A.
AI-54693
HIDTA Sharing US Treasury (1228 & 1257)
Approval and authorization of interfund transfer from Hidalgo County HIDTA Task Force U.S. Treasury fund (1252) to the Sheriff's U.S. Treasury fund (1228) and the Constable Pct. 3 U.S. Treasury fund (1257) in the amount of $10,000.00 respectively.

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

Vote: 5 - 0 - Unanimously
Attachments:
 
12.
 
Health & Human Services Department:
 
A.
AI-54686
Pursuant to Chapter 121 Local Public Health Reorganization act; Sec.121006, requesting approval of the Immunization Sliding Fee Schedule effective May 25th, 2016.  The revision is needed as per revised guidelines by the Texas Vaccines for Children program.  

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
 
B.
AI-54668
Requesting approval to submit grant application to US AID for an award to combat Zika and future threats.  

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

Vote: 5 - 0 - Unanimously
Attachments:
 
C.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

Court took no action on this item.
 
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

Court took no action on this item.
 
13.
 
Adult Probation:
 
A.
AI-54512
DWI Grant Program Income:

December 2015
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $2,538.00.


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

2.  Approval of appropriation of the DWI program income (GPI) in the amount of $2,538.00.

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

 Vote: 5 - 0 - Unanimously

January 2016
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $3,129.00.

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

 Vote: 5 - 0 - Unanimously

2.  Approval of appropriation of the DWI program income (GPI) in the amount of $3,129.00.

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

 Vote: 5 - 0 - Unanimously

February 2016
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $10,950.00.
2.  Approval of appropriation of the DWI program income (GPI) in the amount of $10,950.00.

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

 Vote: 5 - 0 - Unanimously

March 2016
1. Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $3,454.00.
2. Approval of appropriation of the DWI program income (GPI) in the amount of $3,454.00.

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

 Vote: 5 - 0 - Unanimously

Commissioner Flores steeped away from the meeting.

April 2016
1. Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $2,717.00.
2. Approval of appropriation of the DWI program income (GPI) in the amount of $2,717.00.

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
 
14.
 
Urban County:
 
A.
AI-54748
Approval to exercise 30 day “No Cause” Termination of contract dated May 22, 2012 between Hidalgo County and Dos Logistics, Inc. with regards to the Hidalgo County Pct. 1 Flood Drainage Improvements Project known as the “Delta Area Connector/East Lateral Project”. (GLO Contract No. 12-406-000-6453)

Court took no action on this item.
Attachments:
 
B.
AI-54703
Urban County Program is requesting approval of a best and final negotiated contract for Professional Construction Management Services with LeFevre Engineering & Management Consulting, LLC in the amount of $179,665.00 for the management and coordination of the Delta Area Connector/ East Lateral Project, utilizing the General Land office (GLO) funds Contract No. 12-406-000-6453 DRS210068/DRS220068. 

Mrs. Serna informed the court that concerns were raised by the auditor, regarding that this contract extends beyond the commissioner term. She explained that this is not a precinct 1 project, this is a general land office project administer by the Urban County Program and work on by the Drainage District.

Moreover, she stated that the auditor also has concerns over possible conflict of interest. 

Mrs. Serna restated that this is a contract that is entered by Hidalgo County General Land Office and Management Consultant. This was previously selected in 2008, and have a deadline they need to comply with for all the projects that provide the most improvements to the Hidalgo County residents.

Once again, Mrs. Serna restated that is contract has nothing to do with Commissioner Cuellar or his campaign. 

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

Vote: 4 - 0 – Unanimously
 
15.
 
Elections Administration:
 
A.
AI-54804
Discussion and/or action, including but not limited to Elections updates

Mrs. Hilda Salinas updated the court on the May 2016, Primary Runoff Election. Mrs. Salinas presented the court members with packets that contained State Results and District 15 of counties. 

Further, she announced that they have began the local schools and cities elections, early voting will begin May 31, 2016 to June 7, 2016. Election Day will be held on June 11, 2016. The cities having Runoff Elections are, City of Elsa, City of Hidalgo, City of La Villa.

Mrs. Salinas notified that they posted results by 10:00 p.m. on the State Website.

Judge Garcia took time to acknowledge all the work done by Elections Administrator, Mrs. Yvonne Ramon and all her staff.

Court took no action on this item.
Attachments:
 
16.
 
Planning Department:
 
A.
AI-54681
1. Preliminary Approval with Variance Request
a. Grace Meadows Subdivision- Pct. 4 (Rogelio Quintero) (S.H. 107 & Sunflower Road)
b. La Palmilla Apartments Subdivision- Pct. 4 (David Krukiel) (Alberta Road & Raul Longoria Road)

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

Vote: 4 - 0 - Unanimously

2. Preliminary Approval
a. Sunset Valley Ph. IV Subdivision- Pct. 1 (Sandoval Development, LP) (Stites Road & Victoria Road)
b. Eduardo’s Subdivision No. 14- Pct. 3 (Las Dianas Land Development) (Trosper Road & 3 Mile Line)

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. Final Approval
a. Las Delicias Ph. 2 Subdivision- Pct. 1 (Juan J. Lopez) (Mile 3 ½ West Road & Mile 12 North Road)
b. Dos Vientos Estates Subdivision- Pct. 4 (Kyndel W. Bennett) (Sharp Road & Curve Road)
c. Juliway Estates Subdivision- Pct. 4 (Kyndel W. Bennett) (FM 493 & Anderson Road)
d. Tierra De Santa Cruz No. 2 Subdivision- Pct. 4 (Santa Cruz Properties) (Brushline Road & El Cibolo Road)

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

Vote: 4 - 0 - Unanimously

4. Partial Reimbursements of Financial Guarantee
a. Los Novillos Subdivision- Pct. 4

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.19.A.
 
17.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-54764
Resolution in honor of the Pharr P.A.L. Adelitas Rugby Team for winning the State High School Rugby Championship and ending their season as Division II High School Rugby State Champions.

Commissioners Court along with Precinct#2 recognized the The Adelitas,State High School Rugby Championship. The team is composed by the Pharr Police Athletic League and PSJA ISD's Second Chance Initiative Program. 

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

Court proceeded to Item.18.A.
Attachments:
 
18.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-54752
1.  Resolution in Honor of Blanca E. Sanchez Elementary 2016 Texas Scholastic Chess Championship Team

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

Vote: 4 - 0 – Unanimously

2.  Resolution in Honor of Reynaldo G. Garza Elementary 2016 Texas Scholastic Chess Championship Team

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

Vote: 4 - 0 – Unanimously

3.  Resolution in Honor of Sharyland Pioneer High School 2016 US Chess National High School Championship Team

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

Vote: 4 - 0 – Unanimously

Court proceeded to Item.9.A.1.
 
19.
 
Budget & Management:
 
A.
AI-54767
Restitution-1124 M Rd (1100):
Approval of 2016 interfund transfer from Pct.4 Rd Maint (007) to the Restitution-1124 M Rd (125) in the amount of $10,357.89 to fund the renovations to the Restitution Center.

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:
 
20.
 
Purchasing Department:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-54755
Consideration, discussion and applicable action and/or direction on any/all aspects of professional services required for the design and construction of a New Hidalgo County Courthouse, including, but not limited to the following:
A.  Selection of architectural firm;
B.  Method of construction:  Conventional Bid, Construction Manager at Risk, Design/Build, etc.;
C.  Status of negotiations with ranked Construction Material/Geo-technical Testing firm;
D.  Status of negotiations on off-site Civil Engineering related to closure of 281, drainage improvements, etc.;
E.  Status of  Program and/or Project Manager Services;
F.  Other related professional services.

Judge Garcia recognized their request for these items on the agenda however, looking into the suggestions made by their lawyer and other involved individuals, judge stated his preference to focus on the status of the program manager services. The judge specified that it would be best to hire that consultant to provide them with advise on the correct steps to take.

Court took no action on Item. 20.A.1. A,B and C.

Under Item.20.A.1.D., Mrs. Salazar informed the court that they are waiting on the ranking of firms, and at different options for negotiating contracts. She commented to the court members that Items. D, E, and F, are at the top of the list. 

Commissioner Palacios and Commissioner Cantu restated the judge's position on the importance of the project manager services. 

In relation to Item.20.A.1.E., Mrs. Salazar indicated that at they have several options. One, they have a construction management pool or they could chose to go out on a program and/or management services RFP; she commented that they could rely on their chosen attorney to guide them in the score services credentials for the RFP. 

Commissioner Cantu stated that by looking at the pool, firms such as S& B, HALFF and Dannenbum, are sufficient to do the job and speed up the process. 

In relation to the time frame, Mrs. Salazar explained that if they provide her with direction to sent out the list to nominate and score, she can provide the court with a timeline and score them.

Judge Garcia voiced his concerns over the selection of the current pool, the pool was selected without taking into consideration the fact that they are going to built a seven story facility. He pointed out that there are other firms that can be taken into consideration as to what they can provide. He further questioned Mrs. Salazar as to the time it would take for the RFQ.

In connection to the judge's question, Mrs. Salazar informed that they have to get it into the agenda to advertise. She specified the packet will be crucial, and will need to know what the court's requirements and credentials will be.

Commissioner Cantu assured that they're being careful as to the firms, they expect architects to have courthouse experience, and a contractor with $100 million or more worth of experience. The commissioner emphasized that this is a matter of timeline. 

Additionally, Commissioner Palacios restated that they should of accounted for the construction manager some time back to work along the architects. 

Mrs. Salazar suggested to place two items on the next agenda as to the requirements expected by the court members. Mentioning that she would work along side Mr. Peden to provide the court members with a list of expectations from the construction manager.

Commissioner Cantu questioned if they were allowed to nominate firms with this current agenda item. In regards, Mrs. Salazar informed the commissioner that they needed to have the pool. Mr. Crain stated that they couldn't. Judge Garcia suggested to wait.

All in all, Commissioner Cantu urged to have Mr. Peden move things faster.

Mrs. Salazar noted that she would be getting the court members a list of duties and responsibilities, as well as the pool list. 

Mrs. Salazar emphasized that there was no action on A to D, and under E, she has been given direction. No action was taken on F.

Commissioner Palacios questioned the status of the interlocal commitment with the City of Edinburg. In regards, Mr. Michael Leo explained that it has been drafted and the city has presented comments on it. Judge Garcia added that city's lawyer is looking into the wording of the interlocal.
 
2.
AI-54727
Approval for correction of date captioned on (CC-05/17/16 AI-54562) for the upcoming auction scheduled as Wednesday, June 08, 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
Attachments:
 
B.
 
Pct. 1
 
1.
AI-54399
Authority to advertise and approval of plans and specifications developed by project engineer, LeFevre Engineering & Management Consulting, LLC, for:  Hidalgo County Drainage District No. 1 -"Kenyon Road and Mile 17 Area Drainage Improvements Project"-RFB No. HCDD1-16-023-06-15, including the re-advertising of projects in the event no Bid responses are received and/or are rejected and project is still required.

Court took no action on this item.
 
2.
AI-54647
a. Acceptance and approval of a Professional Engineering Agreement# C-16-165-05-25 with TEDSI Infrastructure Group, Inc. for [Job Specific] Projects: “Nittler Road Improvements (from FM493 to FM88)" and "Mile 9 Road Improvements (from Mile 1 East to Mile 3 East)" within Hidalgo County Precinct No. 1, subject to compliance with HB1295 [if and when applicable];

Court took no action on this item.

b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $156,741.00) as submitted by project engineer, TEDSI Infrastructure Group, Inc.- Project:“Nittler Road Improvements from FM 493 to FM 88” within Hidalgo County Precinct No. 1, in connection to agreement # C-16-165-05-25.

Court took no action on this item.

c. Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $ 90, 636.00) as submitted by project engineer, TEDSI Infrastructure Group, Inc. -Project:“Mile 9 Road Improvements from Mile 1 East to Mile 3 East” within Hidalgo County Precinct No. 1, in connection to agreement # C-16-165-05-25.

Court took no action on this item.
 
C.
 
Pct. 2
 
1.
AI-54733
Approval of Supplemental Agreement No. 1 for L&G Consulting Engineers, Contract No. C-15-097-03-17 resulting in additional ROW acquisition services and asbestos abatement (with an estimated cost increase of $24,531.51) for services under Work Authorization No. 5 for the Pct 2 Yuma Ave Road Project and subject to compliance with HB23 and/or HB1295 when and if applicable.

Court took no action on this item.
 
2.
AI-54742
Approval of Work Authorization No. 4 (with an estimated cost of $4,731.24) as submitted by project engineer, L&G Consulting Engineers, to provide geotechnical engineering services for the Pct 2 Rancho Blanco Road Project.

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

Vote: 4 - 0 - Unanimously
 
3.
AI-54606
a. Acceptance and approval to execute the final form of a professional engineering services agreement (subject to legal counsel's review) with L&G Consulting Engineers Inc. for "Schematic Development, Plans, Specification & Estimates (PS&E), ROW Support and Environmental Services for Rancho Blanco Rd Extension Project," for Pct. #2, [as approved for negotiations on CC 5/10/16] and subject to compliance with HB23 and HB1295 [if and when 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

b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $99,752.30) as submitted by project engineer, L&G Consulting Engineers, to provide  "Schematic Development, Plans, Specification & Estimates (PS&E), ROW Support Services and Environmental Services for the Rancho Blanco Road Extension Project through Contract# C-16-218-05-25.

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.
AI-54683
Acceptance and approval to execute the final form of a Professional Surveying Agreement with Civil Design Services, Inc. dba CDS Muery, for "Road and Bridge, C.I.P., and Other Projects in General (On An As Needed Basis),"as approved for negotiations on CC 5/10/16, and subject to compliance with HB23 and HB1295 [if and when 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
 
5.
AI-54509
Presentation of Bids received (as detailed in tabulation sheet contained herein) for the purpose of award to the responsible vendor submitting the lowest and best bid [including meeting specifications and/or requirements]  with approval of contract document, ts for project titled: Hidalgo County Precinct No. 2-"Hauling Services for all Road Materieals" through RFB No.: 2016-079-04-20-SGS

Court took no action on this item.
 
D.
 
Pct. 4
 
1.
AI-54765
A.  Requesting an order for the exemption from competitive bidding requirements under Tx. LGC, 262.024(a(4), a professional service;

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 

B.  Presentation of the scoring grid [for the purpose of ranking by CC] the nominated firms from HC approved pool of architectural services 'providers in connection with Brewster Park Project in Pct. #4;
Evaluation Fulcrum Gignac Mata- Garcia
Scoring 92 96 97
Ranking 3 2 1

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

Vote: 4 - 0 - Unanimously

C.  Authority fort he purchasing department to commence negotiations with the number one ranked firm of Mata - Garcia to finalize an AIA form of agreement for the provision of architectural services in connection with Brewster Park project in Pct. #4

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

Vote: 4 - 0 - Unanimously
 
2.
AI-54722
Acceptance and approval of the construction contract documents for Hidalgo County Precinct No. 4: "Mile 17 1/2 Road Paving & Drainage Improvements" (CC award action AI 54418 on 05/10/2016) to Texas Cordia Construction, LLC, in the total amount of $345,880.39 for contract # C-16-120-05-10 reviewed and approved as to form by Legal Counsel.

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

Vote: 4 - 0 - Unanimously
 
3.
AI-54749
A.  Requesting approval of an order for exemption from competitive bidding requirements, under Tx.LGC, 262.024(a)(4), a professional services;

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

Vote: 4 - 0 - Unanimously

B.  Presentation of the scoring grid of the nominated firms [from HC approved pool of Construction Materials/Geo-technical Testing Firms] for the purpose of ranking by HCCC so as to continue to the next phase of the protocol for engagement of professional services in connection with Alberta Drain Project in Pct. #4;
 
Evaluation Millennium Eng. Group, Inc. Earth Co, LLC TSI, LAB., INC.
Scoring 98 97 95
Ranking 1 2 3

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

Vote: 4 - 0 - Unanimously
 
C.  Authority for the purchasing department to commence negotiations with the number one ranked firm of Millennium Eng. Group, Inc.for the purpose of engagement through a professional services contract document for the provision of Construction Materials/Geo-technical Testing Services for the Alberta Drain Project in Pct. #4;

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
 
21.
 
Open Forum

1)
Flor Martinez, LUPE, precinct 3 resident, thanked Commissioner Flores and Mr. Ray Salazar for providing public lighting in her community. Mrs. Martinez also appreciated the trash containers provided to the community. She explained that the reason as to why they have not been able to pay the total bill, is because not everyone has received the bill.

2) Mr. Beto Garcia voiced his concerns over the speed of traffic around the Country Village Subdivision. He informed the court members that vehicles drive through the colonia as if they were driving through the expressway. Further, he stated that there're no law enforcement patrolling the colonia. Mr. Garcia recounted several incidents were children have been hurt due to speeding. He requested to have police protection for the colonia.

Commissioner Flores joined the meeting.

3) Mrs. Fern McClaugherty disclosed to the court that while at the elections building, she has seen several issues with accommodation and parking. She stated that they have left the building late at night and have to walk far to get to their vehicles. Mrs. McClaugherty requested for the court to consider other buildings better suite for the elections department.

4) Opal Billman spoke about the issues she has encounter with the unfair division of her community property. She claimed that her property is tied down by the 275th Court, on the foundation for a petition of divorce. Noting that the court has no right to sell or incorporate the community property, as the court's only job was to fairly divide the community property between herself and her husband. According to Mrs. Billman, the deeds are counterfeit. She demanded to know who bought the title policies, and who is buying and selling her land. In addition, she pleaded for the removal of the commercial buildings situated on Shary Road.
Attachments:
 
22.
 
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: 5 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

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

Court took no action on this item.
 
C.
AI-54768
R. Gutierrez Engineering Corporation v. Hidalgo County

Court took no action on this item.
 
D.
AI-54707
Claim of PEGA JPS Utilities, LLC

Court took no action on this item.
 
E.
AI-54728
Claim of Rodolfo Vela

Court took no action on this item.
 
F.
AI-54714
County of Hidalgo, Tx v. Aurelio Vaca & Guadalupe Vaca

Court took no action on this item.
 
23.
 
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

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

Court took no action on Item.23.A. and B.
 
24.
 
Open Session:

Commissioner Palacios did not returned from open session.
 
A.
 
Real Estate Acquisition and appropriation for same

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

Court took no action on this item.
 
C.
AI-54769
R. Gutierrez Engineering Corporation v. Hidalgo County

Mr. Valde Guerra informed the court members that the original petition has been amendment to include two other road projects within the suit. The projects included are Sioux Road, Owassa Road, Tower Road and Thomas Road Project.

Mr. Guerra notified that, Palacios, Garza and Thompson Law Firm are the attorneys in charge of this case.

Court took no action on this item.
 
D.
AI-54708
Claim of PEGA JPS Utilities, LLC

Mr. Guerra requested for settlement authority to make an offer in the amount of $162.37

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
 
E.
AI-54729
Claim of Rodolfo Vela

Mr. Guerra requested for settlement authority to make an offer in the amount of $1,310.00

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously
 
F.
AI-54715
County of Hidalgo, Tx v. Aurelio Vaca & Guadalupe Vaca

Mr. Valde Guerra requested for the court to consider and take action on the negotiated settlement in this case.

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
 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

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

Court took no action on this item.
 
27.
 
Adjourn

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
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 25th day of May, 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 May 25, 2016.

Signed this 25th day of MAY 2016




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


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