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Minutes for CC - REGULAR

SPECIAL MEETING - December 13, 2016

BE IT REMEMBERED, that on this 13th day of December 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
December 13, 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 present at the meeting.
 
2.
 
Pledge of Allegiance

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

Julia Sullivan Benitez led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

The court approved the consent agenda for the exception of Item.11.B.3 to be further discuss.
 
5.
 
County Judge's Office:
 
A.
AI-57766
Resolution in Honor of Precinct 1 Commissioner A.C. Cuellar, Jr.

Judge Garcia read a resolution in honor of Precinct 1 Commissioner A.C. Cuellar, Jr. for his humble public service to the people of Hidalgo County since taking office in 2013. 

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

Members of the public recognized and accredited the commissioner for all the improvements accomplished during his term. County colleagues expressed thanks and gratitude to the commissioner for the support provided during various projects. Family and friends supported Commissioner Cuellar at the last meeting of his term. 

State Representative Armando "Mando" Martinez presented Commissioner Cuellar with the official flag from the State Capital which flew over the capital on Labor Day. 

Ricardo Rodriguez, Jr. Criminal District Attorney, reminisced about the humble beginnings of Commissioner Cuellar and himself, working on the fields. Rodriguez, remarked that even at that time they were already providing a public service to the county. The district attorney recognized the work accomplished by the commissioner and for all the endure work by the precinct 1 staff.

Court proceeded to Item.6.A.
 
B.
AI-57762
Discussion and approval the Economic Development Incentives Program Guidelines and Criteria under the provisions of Section 381.004.

Commissioner Flores stepped away from the meeting.

Michael Leo informed that nothing is changing, they're only asking for re-approving.

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:
 
C.
AI-57763
Discussion and approval of the service agreement between Hidalgo County and VIDA in the amount of $187,000.00.

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 

Priscilla Alvarez with VIDA thanked the court for all the support provided. Ms. Alvarez acknowledged the work and support provided by Commissioner Cuellar throughout his term.
 
D.
AI-57769
1. Discussion and approval of Letter of Support for the City of Edinburg Transportation Alternatives Program Grant Application for the Jackson Road Hike & Bike Project Phase II.

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

2. Discussion and approval of Letter of Support for the City of Edinburg Transportation Alternatives Program Grant Application for the Cano Walking Trail Lighting Project.

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-57764
Discussion and approval of Tax Abatement Agreement between Hidalgo County and Wonderful Citrus Packing LLC and approve order on same.

Michael Leo informed that this is a precinct 3 project that was brought last year. There's a gap in the financing and are working on finding a way to keep the business going. The company was able to retain 100 jobs and want to give them credit for that. Leo stated that the way the policy reads, it can be taken into consideration but it's not as part of the qualifying factors. Therefore, Leo recommended two options, 5 year agreement as previously discussed, but in order to overcompensate for what they're losing out they are asking the court to consider a 6 year agreement just by adding another year at the end. 

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

Commissioner Palacios stepped away from the meeting.

Court proceeded to Item.6.B.
 
6.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-57547
Recognition and Certification of Precinct No. 1, Commissioner A.C. Cuellar by the Hidalgo County Clerk Official Record Keeper Arturo Guajardo, Jr. for having attended all 121 Regular Commissioners Court meetings since his election in 2013.

Arturo Guajardo, Jr. Hidalgo County Clerk, proudly recognized Commissioner Cuellar for having attended all commissioners court meetings since taking office in 2013. Guajardo acknowledged the dedication and commitment that Commissioner Cuellar set as a public server, and the importance of being present at the meetings. 

Commissioner Palacios reflected on the advice Commissioner Cuellar gave to him before becoming an elected official. Commissioner Palacios remarked the commissioners leadership, a man of faith and commitment. 

Commissioner A.C. Cuellar thanked all the court members for their friendship and support. He also thanked his family for always supporting him.

Commissioner Joe Flores thanked Commissioner Cuellar for all the support he provided to precinct 3. 

Court proceeded back to Item.5.B.
Attachments:
 
B.
AI-57715
Requesting approval of 2017 Official Bond and Oath for Elected Officials:
1. Marcos Luis Ochoa, Justice of the Peace, Pct. 3, Pl. 2
2. Lazaro "Larry" Gallardo, Constable Pct. #3
3. Jose Eduardo Guerra, County Sheriff
4. Luis J. Garza, J.P. Pct. 3, Pl. 1 

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

Steve Crain informed the court that him and Commissioner Flores held a conversation with Constable Gallardo regarding the amount of the bond. Two questions were asked to the constable. If he realized the bond he was giving was an excess of what the court requires? Gallardo answered "yes". If he realized that he didn't have to give that size of bond? Gallardo answered "yes"
 
7.
 
Constables:
 
A.
AI-57666
Constable Pct 3: 
Discussion, consideration and approval to appoint Kimberly Jean Echavarria as Deputy Constable by Constable Lazaro Gallardo, Jr., Constable Pct. 3, in accordance with the Texas Local Government Code Section 86.011.

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-57730
Constable Precinct 4:
Discussion, consideration, and approval to appoint Hector Hugo Garcia 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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously
Attachments:
 
8.
 
Sheriff's Office:
 
A.
AI-57689
Sheriff's Office (1228)/(1100):
Approval to pay overtime and related fringes incurred by the Sheriff's Office not reimbursable under the STEP IDM Grant. Overtime and related fringes will be paid from Sheriff Federal Sharing-US Treasury (Fund 1228-Funding was approved on 10/13/16 (AI#56825).

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-57690
Requesting approval to rescind action taken on the following items:
1.  AI#56392 (9/20/16) Authorization to accept the NIBRS Grant (Grant No. 3201101)

Commissioner Palacios joined the meeting.

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

 Vote: 5 - 0 - Unanimously

2.  AI#56546 (9/27/16) Authorization and approval of Certification of Revenues (COR) and authorization to appropriate funds for NIBRS Grant.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 5 - 0 - Unanimously
 
C.
AI-57633
Requesting approval for County Treasurer to process payment for fuel reimbursement in the amount of $21.79 to Sergeant Ricardo Ramirez after auditing procedures are completed by County Auditor. Sergeant Ramirez paid for fuel expense with personal credit card due to Fuel Card not working properly.

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-57647
Sheriff's Office (1284):
Authorization and approval to de-obligate the amount of $610.03 in the OCDETF Account.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI-57720
Jail Commissary (2102):
1.  Approval of certification of revenues as certified by the County Auditor.

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 2016 appropriation of funds into the Jail Commissary account in the amount of $25,000.00. 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
 
9.
 
Executive Office:
 
A.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting

No comments or discussions under this item.
 
B.
AI-57546
Update on progress of Electronic Library Implementation

Arnoldo Becho from the Hidalgo County Library System updated the court regarding the work done for the library collection. In reference to the electronic library, 14 teams were created to tackled the principle tasks, marketing and promotional materials, implementing the website, community access and development teams. The implementation was separated into three phases. First phase will last until December and the other will be implemented in January and February. A first draft of the collection will be drafted in December, which will include marketing press release. During the second phase, they will have a test system and will end the marketing phase. Last phase will finalized the collection and implement the plan in community center and training staff. After implementation is complete, they will keep promoting the system.

Becho encouraged the court to continue the contribution of $65,000.

Valde Guerra reminded the court that they'll be working with the library commission and board members to consider the library system for the 2017 budget. 

Sergio Cruz informed that the starting cost would be $400,000. They agreed to do it by using the first quarter salary, including funding from the economic development fund. About $15,000 would be for annual maintenance. 

No action taken on this item.
Attachments:
 
C.
AI-57767
Resolution in Recognition of the La Joya ISD School Board 

No action taken on this item.
Attachments:
 
D.
AI-57632
Pursuant to Article §81.005(a) (Terms of the Court Meeting) of the Texas Local Government Code, consideration and entering of an Order into the minutes the designation of the day of the week and week of the month of Hidalgo County Commissioners' Court Regular Term Meeting Tex. Loc Gov. Code ORDER OF THE COURT:
HIDALGO COUNTY COMMISSIONERS' COURT
Week of the Month: 4th week
Day of the Week: Tuesday
Time of the Day: 9:30 a.m. for the calendar year of 2017

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

 Vote: 5 - 0 - Unanimously
 
E.
AI-57663
Approval to accept two money orders from Elena Salinas in the amount of $1,000.00 & $59.77 to settle auto accident claim with County vehicle. (Sheriff Office) 

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: 5 - 0 – Unanimously
 
F.
AI-57731
Public Defense:
Requesting approval of payment of four (4) attorney vouchers totaling $1,250.00 (not submitted within 3 months of disposition as per Local Rules of Administration adopted under TLGC 74.093) from attorney Jaime Aleman in connection with legal representation of indigent defendants with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor (as attached and as listed on background)

Valde Guerra informed that this is subject to the auditing and procedures being completed. According to Guerra, the auditor expressed concerns regarding the rules not being adopted by the board of judges.

Linga Fong advised that one of them, will be able to get process based on approval by the court and the other three do not comply and therefore, will not be process the other three. 

Valde Guerra clarified that the approval will be to approve the four county vouchers. 

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
Attachments:
 
G.
AI-57682
Approval of Revised Holiday Schedule for 2017 to correct/clarify New Years Eve Holiday should be December 29, 2017 (Friday) instead of January 1, 2018 (Monday)

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:
 
10.
 
Human Resources:
 
A.
AI-56657
Sheriff's Office:
Discussion, consideration, and action, in accordance with the Hidalgo County Civil Service Commission rules, for the following employee #141275 to be paid out for accrued compensatory time, and holiday leave time and employee #031356 to be paid out for accrued compensatory time and annual leave time.

Commissioner Cuellar stepped away from the meeting.

Mr. Silguero informed that employee #141275 hasn't been able to take time off due to the duties at the sheriff's office. Employee #031356 was transfer to a grant position. 

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

Silguero stated that one of the amounts is over $6,000 and the other over $10,000
Attachments:
 
B.
AI-57327
Constable Pct. #4 (1100):
1. Requesting waiver of the Budget Amendment Policy – Personnel - Related Amendments.

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

Vote: 4 - 0 – Unanimously

2. Discussion, consideration, and approval of the following personnel actions effective next full pay period, 12/26/2016 and Calendar Year 2017 :
Action Dept. /
Program
Slot# Position Title Current
Budgeted
Salary
Proposed
Budgeted
Salary
Budgeted Salary
Adjustment (Reduce)
 
294-001 0003 Deputy Constable Step II $51,834.00 $45,691.00

Budgeted Salary
Adjustment/ (Reduce)

294-001

0019

Senior Deputy Constable
Step I

$59,795.00

$49,822.00
Create 294-001 0024 Sergeant Step I $0.00 $59,795.00

Commissioner Cuellar joined 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: 5 - 0 - Unanimously 
 
3. Approval to waive the posting, hiring and enrollment procedures and promote employee # 171395 to the Sergeant Step I, Slot# 0024 position.

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
 
4. Approval to delete one (1) regular full-time Deputy Constable position, Slot No. 0011, budgeted salary $44,577.00 effective upon Commissioners' Court approval and Calendar Year 2017.

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

5. Approval to revise the salary schedule in accordance with Commissioner's Court action.

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 
Attachments:
 
C.
AI-57668
DA Investigation HB65 (1223):
1. Discussion, consideration, and approval to create one full-time position as follows, effective next full pay period of 12/26/2016 and Calendar Year 2017:
Dept/Program Slot No. Proposed
Position Title
Proposed
Budgeted Salary
080-007 0181 Advocate I $33,990.00

Rosie Martinez informed that this position will be placed with the crime unit involving capital murder and aggravated sexual assault of children. The other advocates are involved in different cases and other divisions. 

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

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 2 and 3.

Vote: 5 - 0 - Unanimously
 
D.
AI-57694
Elections Department (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

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

2. Discussion, consideration, and approval to create the following temporary full-time positions, not to exceed six (6) months, effective 01/01/2017 through 06/30/2017:
Dept/
Program
Slot# Position Title Proposed Budgeted
Salary / Hourly Rate
130-001 T184 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T185 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T186 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T187 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T188 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T189 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T190 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T191 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T192 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr
130-001 T193 Elections Clerk (Temp) $12,480.00/yr - $12.00/hr

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

3. Approval of intradepartmental transfer.
4. Approval to revise salary schedule in accordance with Commissioners Court action.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on 3 and 4.

Vote: 5 - 0 - Unanimously
Attachments:
 
E.
AI-57714
Sheriff's Office (1100):
1. Discussion, consideration, and approval to create the following temporary full-time positions, not to exceed twelve (12) months, effective 01/01/2017 through 12/31/2017:
Dept/
Program
Slot# Position Title Proposed Budgeted
Salary/Hourly Rate
280-002  T430 Detention Officer Step I  $32,305.00/yr - $15.53/hr
280-002  T431 Detention Officer Step I  $32,305.00/yr - $15.53/hr
280-002  T432 Detention Officer Step I  $32,305.00/yr - $15.53/hr
280-002  T433  Detention Officer Step I   $32,305.00/yr - $15.53/hr 
280-002 T434 Detention Officer Step I  $32,305.00/yr - $15.53/hr
280-002 T435 Detention Officer Step I  $32,305.00/yr - $15.53/hr

2. Approval to utilize current HRMS Detention Officer applicant pool to select qualified applicants to fill the Detention Officer Step I (Temporary) positions.
3. Approval to revise salary schedule in accordance with Commissioners Court action.

Mr. Crain recommended not taking action as the waiver is not posted on the agenda. 

Mr. Silguero informed that the sheriff's office wants to safe keep the positions for those who get deployed. The positions would only get filled temporary and will not cost the county any additional money. 

Mr. Crain clarified that without the waiver, the item could not be approve.

No action taken on this item due to missing waiver on agenda.
Attachments:
 
F.
AI-57725
CCL#8 (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 5 - 0 - Unanimously

2. Discussion, consideration, and approval to create one (1) Regular Full Time Clerk I position, Slot 0008 at $24,960.00 proposed budgeted salary, effective upon Commissioners' court approval and Calendar Year 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: 5 - 0 - Unanimously

3. Approval to waive posting and hiring procedures and assign employee #212300 to Slot No. 0008, Clerk I position effective, January 01, 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: 5 - 0 - Unanimously

4. Approval to revise 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

Honorable Judge Omar Maldonado thanked the court for approving the item. The judge explained that County Court #8 is going paperless and this aid the transition. 
 
G.
AI-57727
Human Services (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 5 - 0 - Unanimously

2. Discussion, consideration and approval of the following personnel actions, effective next full pay period 12/26/2016 and Calendar Year 2017:
 
Action Dept/
Program
Slot# Position Title Current
Budgeted Salary
Proposed
Budgeted Salary
Delete / 
Remove Longevity

240-001
 

0027
 

Eligibility Specialist I
 
$24,810.00 $0.00
$420.00 $0.00
Delete 240-001 0032 Eligibility Specialist I $24,810.00 $0.00
Create 240-001 0039 Eligibility Specialist II $0.00  $28,940.00

Commissioner Flores stepped away from the meeting.

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

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

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 4 - 0 - Unanimously
Attachments:
 
H.
AI-57583
Pct. 2 Road Maintenance (1200)/Facilities Management (1100):
1. Discussion, consideration and approval to create one full-time position as follows, effective upon Commissioners' Court approval and Calendar Year 2017:
Dept/Program Slot No. Proposed
Position Title
Proposed
Budgeted Salary
122-006 0099 Custodian II $24,960.00

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

2. Approval to waive the posting, hiring and enrollment procedures and transfer employee #173193 from Custodian II position (220-001-0046) to Custodian II position (122-006-0099); pursuant to Section 3.16 of the Civil Service Commission Rules. 

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

3. Approval of intradepartmental transfer.
4. Approval to revise the salary schedules in accordance to Commissioners' Court action.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on 3 and 4.
                                                                              
 Vote: 4 - 0 – Unanimously
 
I.
AI-57743
206TH DC (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments.

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

2. Discussion, consideration, and approval of the following personnel actions effective next full pay period, 12/26/16 and Calendar Year 2017: 
Action Department Slot# Position Title Current
Budgeted
Salary/
Allowance
Proposed
Budgeted
Salary/
Allowance
Interpreter Pay
(remove)
004-001 0003 Assistant Court Coordinator $4,500.00 0.00
Salary Adjustment/
Increase

004-001
 
0004 Bailiff $45,169.00 $50,169.00
Interpreter Pay
(add)
$0.00 $6,000.00

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

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

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on 3 and 4.
                                                                              
 Vote: 4 - 0 – Unanimously
 
11.
 
HIDTA - Task Force:
 
A.
AI-57735
HIDTA Chapter 59 Asset Forfeiture (1251)/HIDTA TASK FORCE (1291)/HIDTA US Treasury Asset Forfeiture (1252)/HIDTA US Justice (1254): 
1.  Approval of 2017 HIDTA Chapter 59 Asset Forfeiture Budget (1251).

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

2. Approval of personnel actions as listed on exhibit "A", effective 01/01/2017.

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

3. Approval of revised salary schedules.

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 2017 HIDTA US Treasury Asset Forfeiture Funds Budget (1252).  

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 2017 HIDTA US Justice Asset Forfeiture Funds Budget. 

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.  Authorization and approval for the Hidalgo County Criminal District Attorney's Office HIDTA Task agents to be paid instead of banking extra-duty hours from January 1, 2017 - December 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
Attachments:
 
12.
 
Health & Human Services Department:
 
A.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

No discussion or action on this item.
 
B.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

No discussion or action taken on this item.
 
2.
AI-57570
Consideration and approval of Contract for Participation for Out Stationed Eligibility Specialists in the Health Care Facilities at:
A. Doctor's Hospital at Renaissance
B. Knapp Medical Center
C. Mission Hospital, Inc.
D. Rio Grande Regional Hospital
E. McAllen Hospitals, LP (aka McAllen Medical and Edinburg Regional Medical 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
 
3.
AI-57596
A. Discussion, consideration and approval to draw down funds for Demonstration Year 5 Round 2 DSRIP Payments in the amount to be determined by HHSC instructions from the Local Provider Participation Fund (LPPF) with a settlement date of 12/19/16.

Correction: Settlement date should be January 3, 2017 and not December 19, 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

B. Approval of Certification of Revenues as certified by the County Auditor from the LPPF in the amount to be determined by HHSC instruction.

Commissioner Palacios stepped away from the meeting.

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

C. Approval of 2016 Appropriation of funds from the LPPF in the amount to be determined by HHSC instructions.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
13.
 
Fire Marshal's Office:
 
A.
AI-57758
Requesting approval of Amendment to the following 2016 Rural Emergency Services Interlocal Agreement(s) with:
1. City of Weslaco
2. City of Mercedes

It was noted that the fire marshal's office worked with Victor Garza, Assistant District Attorney.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
14.
 
Adult Probation:
 
A.
AI-57531
Adult Probation DWI Court (1289):
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $2,918.00.

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: 3 - 0 – Unanimously

2.  Approval of appropriation of the DWI program income (GPI) in the amount of $2,918.00

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: 3 - 0 – Unanimously
 
15.
 
Urban County:
 
A.
AI-57747
Request approval for the Second Amendment to the 2014 HOME Community Housing Development Organization (CHDO) Program agreement between Hidalgo County Urban County Program and Proyecto Azteca and approval of the addendum (Right of Exercise) with Proyecto Azteca.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
B.
AI-57750
Requesting approval for the First Amendment to the 2015 HOME Community Housing Development Organization (CHDO) Program agreement between Hidalgo County Urban County Program and Proyecto Azteca and approval of the addendum (Right of Exercise) with Proyecto Azteca.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
C.
AI-57681
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a) (4) for Professional Services;

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

2. Presentation of the scoring grid for the purposes of ranking by Commissioners’ Court of at least three (3) Geo-Technical and Construction Material Testing firms from the County’s approved “pool” as graded and evaluated by Precinct No. 1, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-000-6453 DRS210068/DRS220068 Delta Area Connector East Lateral Project Phase I/Phase III.
 
Engineering Services Grade Ranked
Professional Service Industries, Inc. 91 2
Raba Kistner Consultants 99 1
Terracon 90 3

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

3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Raba Kistner Consultants for the provision of Geo-Technical and Construction Material Testing Services for the Delta Area Connector East Lateral Project Phase I/Phase III.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
D.
AI-57674
The Urban County Program is requesting approval of a program amendment for the City of Palmview. The proposed amendment is for the Fiscal Year 25 (2012) Work Plan.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
E.
AI-57685
Requesting authority to purchase kiddie cushion (mulch) through the County's Membership/Participation with BuyBoard's awarded vendor, KBW Supply (contract # 44-14), in the amount of $3,682.56 for Las Flores del Valle and Goza Parks located in Mercedes (FY 2016). Approval subject to HB 1295 compliance.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
F.
AI-57667
"Subject to: HB 1295 Compliance." Requesting authority to purchase playground equipment through the County's Membership/Participation with BuyBoard's awarded vendor, Park Place Recreation Designs, Inc. (contract # 512-16),  in the amount of $19,434.60 for the Goza Park located in Mercedes (FY 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: 3 - 0 – Unanimously
 
G.
AI-57665
"Subject to: HB 1295 Compliance." Requesting authority to purchase playground equipment through the County's Membership/Participation with BuyBoard's awarded vendor, Park Place Recreation Designs, Inc. (contract # 512-16), in the amount of $1,750.00 for the Saladino Park located in Mercedes (FY 2015). 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
16.
 
Elections Administration:
 
A.
AI-57636
Discussion, consideration and action, but not limited to Election Updates.

Commissioner Palacios joined the meeting.

No action taken on this item.
 
B.
AI-57493
1. Approval of 2016 certification of revenues, as certified by the County Auditor for 2015 HAVA Program Income

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 HAVA Program Income Title 1 (1283) in the amount of $5,819.49.

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

3. Approval of 2016 appropriation of funds for HAVA Program Income Title 2 (1283) in the amount of $14,168.85.

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
 
17.
 
Head Start Program:
 
A.
AI-57655
Presentation for Discussion, Consideration and Approval to Enter Into a Memorandum of Understanding (MOU) between Hidalgo County Head Start Program and Texas A&M University Health Science Center

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
 
B.
AI-57651
Discussion/Approval for Hidalgo County Head Start Program to Exercise Option to Extend for an Additional One and/or Two Years Term on the Interlocal Agreements for Facilities (under same terms and conditions) with the Following Entities:
Entity Term Head Start Center
City of Weslaco 1 Year Weslaco I
McAllen Independent School District 2 Years Austin One (A-1)

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
 
C.
AI-57652
Discussion/Approval on Request to Enter Into a Sixty (60) Month Lease Agreement for One (1) Postage Meter through the Hidalgo County’s Membership/Participation with Texas Association of School Board (TASB) Buyboard Awarded Vendor Pitney Bowes (Contract #496-15)

Commissioner Flores joined the meeting.

Steve Crain commented that the agreement is not a standard county contract and it does not have a 30 day outfall. 

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
Attachments:
 
D.
AI-57653
Presentation for Discussion, Consideration and Approval of a One Year Interlocal Agreement for the Lease of a Facility (McAllen V Head Start Center) Between the McAllen Housing Authority and Hidalgo County Head Start Program

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
 
E.
AI-57654
Presentation for Discussion, Consideration and Approval of a Two Year Interlocal Agreement for the Lease of Two Facilities (Edcouch Head Start Center and Edcouch Central Kitchen) between the Edcouch-Elsa Independent School District and Hidalgo County Head Start 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
 
18.
 
Planning Department:
 
A.
AI-57699
1. Final Approval
   a. Los Vientos Estates Ph.3 Subdivision- Pct. 4 (Kathryn Irene East) (Brushline Road & Mile 22 ½ North Road)
       No. of Lots: 9 Single Family
       Flood Zone: X (Shaded)
       Drainage: Yes, by reconstructing Mile 22 ½ North Road side ditch.
       ETJ: No, Rural Area
       Water: Yes, provided by North Alamo Water Supply
       Sewer: Yes, OSSF
      Paved: Will be providing a 1/3 escrow for the paving of Mile 22 ½ North 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: 5 - 0 - Unanimously

 b. San Martin No. 2 Subdivision- Pct. 1 (Tillmin Welch, President) (Canton Road & Val Verde Road)
     No. of Lots: 38 Single Family
     Flood Zone: C (Shaded)
     Drainage: Yes, Storm Drainage Pipe System & Drainage Ditch widening.
     ETJ: Yes, approved by the City of Donna
     Water: Yes, provided by North Alamo Water Supply
     Sewer: Yes, OSSF
     Paved: Yes, Canton Road and 3 internal streets.

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
 
19.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-57768
Resolution recognizing the Winners of the San Juan Community Lion's Club Pageant

Judge Garcia stepped away from the meeting.

No action taken on this item.
Attachments:
 
20.
 
Precinct #3 - Comm. Flores:
 
A.
AI-57693
1.  Requesting approval to rescind action taken by Commissioner's Court on December 6, 2016 AI-57592, regarding Interlocal Cooperation Agreement between County of Hidalgo and City of Palmview.

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

Vote: 4 - 0 - Unanimously

2.  Requesting approval of Interlocal Cooperation Agreement between the County of Hidalgo and City of Palmview, Texas concerning certain improvements to Veteran's Boulevard (SH 495).

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

Vote: 4 - 0 - Unanimously

3. In accordance with Section 791.014, of the Texas Government Code, requesting approval of a proposed project regarding certain Phase II road improvements to Veterans Boulevard (SH 495) from Abram Road East to La Homa Road, a section which is within the City limits of City through an Interlocal Cooperation Agreement to be entered into with the City of Palmview, Texas and Hidalgo County.

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

Vote: 4 - 0 - Unanimously
 
21.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-57776
1.  Requesting approval to rescind action taken by Commissioners Court on 10-13-16 AI #56846 regarding approval of First Amendment to ICA with ECISD

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

2.  Approval of First Amendment to Interlocal Cooperation Agreement (ICA) between Hidalgo County and the Edinburg Consolidated Independent School District (ECISD) (Brewster Park)

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
 
22.
 
Budget & Management:
 
A.
AI-57765
Discussion, consideration and approval of the following Aetna Life Insurance Company forms, agreements and applications, with authority for County Judge to sign all required documents.
1. Escheatment Customer Election
2. NYHCRA Forms
3. Claim Fiduciary Agreement
4. Stop Loss Application
5. Plan Sponsor Letter of Agreement

Commissioner Cuellar stepped away from the meeting.


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: 3 - 0 - Unanimously
 
B.
AI-57757
Discussion, consideration and authorization for the Treasurer's Office to issue wire transfer payments to Aetna to cover medical claims in the absence of weekly Commissioner's Court meetings.  Wire transfer and related paperwork to be brought to Commissioner's Court for ratification on the next available Commissioner's Court meeting.

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: 3 - 0 - Unanimously
 
C.
AI-57778
1. Approval to designate the amount of $1,094,782.70 in the year 2016 for expenditures related to the 1115 Waiver Program.

Sergio Cruz read the amount as $1,093,775.89 in the year 2016 for expenditures related to the 1115 Waiver Program.

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: 3 - 0 - Unanimously

2. Approval to designate the amount of $3,959,639.47 in the year 2016 for expenditures related to the New Courthouse.

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: 3 - 0 - Unanimously
 
D.
AI-57388
Salary Schedule - Various Departments: 
1.  Approval of redistribution of longevity pay adopted during the budget process as listed in Exhibit A.

Cruz stated that these were reallocations of longevity as listed under special funds, however it does not allow for the payment of longevity. Therefore, they are requesting to transfer back to general fund. 

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: 3 - 0 - Unanimously

2.  Approval of transfer(s).
3.  Approval to revise the salary schedule in accordance with Commissioners Court Action.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 2 and 3.

Vote: 3 - 0 - Unanimously
Attachments:
 
E.
AI-57637
Salary Schedule - Various Departments:
1.  Approval to correct salary schedule discrepancies adopted during the budget process as listed in Exhibit A, effective 01/01/17.

Commissioner Cuellar joined the meeting.

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

Vote: 4 - 0 - Unanimously

2.  Approval of transfer(s).
3.  Approval to revise the salary schedule in accordance with Commissioners Court action.

Cruz requested to approve subject to attachments of transfers. 

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 subject to attachment of transfers on 2 and 3.
                                        
Vote: 4 - 0 - Unanimously
Attachments:
 
F.
AI-57640
1. Approval and acceptance of Order dated November 30, 2016 setting salary of Court Reporters for 2017.

Commissioner Palacios stepped away from the meeting.

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

 Vote: 3 - 0 - Unanimously

2. Approval of salary schedule changes, as per Exhibit A, in accordance with Commissioners Court action.

Commissioner Palacios joined the meeting.

Mr. Cruz informed that this is based on the approval of the order by the board of judges. 

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

 Vote: 4 - 0 - Unanimously

3. Approval and acceptance of Order dated November 30, 2016 setting salary of County Auditor, Assistant Auditors, and Budget of the County Auditor for 2017.

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

 Vote: 4 - 0 - Unanimously

4. Approval of salary schedule changes, as per Exhibit B, in accordance with Commissioners Court action. 

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

Vote: 4 - 0 - Unanimously
 
G.
AI-57641
Discussion, consideration and approval of all personnel actions approved after September 27, 2016 (2017 Budget Adoption date) and listed below, to be effective 01/01/2017:

1. Sheriff's Office (1100) / Jail Commissary (2102):  Approval of the following personnel action(s) as previously approved by CC on 10/25/16, 11/15/16 & 12/06/16 (refer to agenda item no. 57000, 57113 & 57501):
Action Dept./Prog. Slot No. Approved Position Title Approved Salary/Allowance Proposed Position Title Proposed Budgeted Salary/Allowance
Create 280-015 0017 - - Detention Officer Step I $32,305.00
Delete 280-015 0008 Clerk III $26,958.00 - $0.00
Add Clothing Allowance 280-001 0084 Deputy Sheriff Step I $0.00 Deputy Sheriff Step I $500.00
Add Clothing Allowance 280-001 0086 Deputy Sheriff Step I $0.00 Deputy Sheriff Step I $500.00
Salary Schedule Change 280-001 0114 Deputy Sheriff Step I $44,577.00 Senior Deputy Sheriff Step II $51,068.00

2. WIC (1292):  Approval of the following personnel action(s) as previously approved by CC on 09/27/16 (refer to agenda item no. 56405):
Action Dept./Prog. Slot No. Position Title Approved Budgeted Salary Proposed Budgeted Salary Total Adjustment
Change in Funding Source 350-002 0001 Peer Counselor II $25,830.00 $0.00 ($25,830.00)
Change in Funding Source 350-002 0026 Community Peer Counselor $26,794.00 $0.00 ($26,794.00)
Change in Funding Source 350-002 0027 Community Peer Counselor $26,794.00 $0.00 ($26,794.00)
Change in Funding Source 350-002 0035 Peer Counselor Manager $0.00 $28,836.00 $28,836.00
Change in Funding Source 350-002 0036 Peer Counselor I $0.00 $21,638.00 $21,638.00
Change in Funding Source 350-002 0037 Peer Counselor I $0.00 $21,638.00 $21,638.00
Create 350-002 0038 BF Coordinator Assistant $0.00 $36,000.00 $36,000.00
Change in Funding Source 350-017 0002 Peer Counselor Manager $28,836.00 $0.00 ($28,836.00)
Change in Funding Source 350-017 0003 Peer Counselor I $21,638.00 $0.00 ($21,638.00)
Change in Funding Source 350-017 0004 Peer Counselor I $21,638.00 $0.00 (21,638.00)
Change in Funding Source 350-017 0006 Peer Counselor II $0.00 $25,830.00 $25,830.00
Change in Funding Source 350-017 0007 Community Peer Counselor $0.00 $26,794.00 $26,794.00
Change in Funding Source 350-017 0008 Community Peer Counselor $0.00 $26,794.00 $26,794.00

3. Constable Pct. 4 - TTBH Security (1285) / Constable Pct. 1 - TTBH (1285):  Approval of the following personnel action(s) as previously approved by CC on 10/04/16, 11/15/16 & 12/06/16 (refer to agenda item no. 56653, 57316 & 57501):
Action Dept./Prog. Slot No. Approved Position Title Approved Budgeted Salary Position Title Proposed Budgeted Salary
Create 294-019 0001 - - Deputy Constable Step I $44,577.00
Create 291-013-7 0001 - - Deputy Constable Step I $44,577.00
Salary Schedule Change 291-013-7 0001 Deputy Constable Step I $44,577.00 Deputy Constable Step II $45,691.00

4.  Criminal DA (1100) / DA Investigation HB65 (1223) / DA VCLG (1281) / CJD-DVSP (1281): Approval of the following personnel action(s) as previously approved by CC on 10/25/16 (refer to agenda item no. 56769, & 56909):
Action Dept./Prog. Slot No. Current/Proposed Position Title Current Budgeted Salary Proposed Budgeted Salary
Change In Funding Source 080-011 G001 Victim Assistance Coordinator $43,260.00 $42,000.00
080-002 0126 $0.00 $1,260.00
Create 080-018 G003 Administrative Assistant I $0.00 $30,560.00
Salary Adjustment (Increase) 080-018 G002 Assistant District Attorney III (Auto Allowance) $65,405.00 $66,626.00
080-007 A142 $900.00 $900.00

5. Criminal DA (1100) / Public Defender (1100) / DWI Court Grant (1289) / Re-Entry Court Grant (1289) / Misd DWI Court Program Grant (1289) / Mental Health Court Grant (1289) / Domestic Violence Court Grant (1289): Approval of the following personnel action(s) as previously approved by CC on 10/25/16 & 11/15/16 (refer to agenda item no. 56940, 56995 & 57291):
Action Dept./Prog. Slot No. Position Title Current Allowance Amount Proposed Allowance Amount
Decrease Supplemental Pay 080-002 0026 Assistant District Attorney IV $9,730.00 $9,690.00
Decrease Supplemental Pay 085-003 0003 Chief Public Defender $9,820.00 $9,770.00
Decrease Supplemental Pay 080-002 0013 Assistant District Attorney IV $9,800.00 $9,750.00
Decrease Supplemental Pay 085-003 0004 First Assistant Public Defender $9,850.00 $9,820.00
Decrease Supplemental Pay 080-002 0009 Assistant District Attorney III $9,750.00 $9,700.00
Authorize Supplemental Pay 085-003 0019 Public Defender III $0.00 $9,740.00
Authorize Supplemental Pay 085-003 0001 Public Defender IV $0.00 $11,750.00
Authorize Supplemental Pay 080-002 0010 Assistant District Attorney III $0.00 $11,720.00

6. Juvenile Detention (1100) / Juv Dir Supervision (1100) / IV-E Foster Care DS (1296): Approval of the following personnel action(s) as previously approved by CC on 11/15/16 (refer to agenda item no. 57315):
Action Dept./Prog. Slot No. Position Title Current Budgeted Salary/Allowance Proposed Budgeted Salary/Allowance
Remove Longevity 330-001 (Juv Detention Pre Adj.) 7925 JSO/Detention Officer $36,366.00 $36,366.00
$480.00 $0.00
Create Allowance Slot (Add Longevity) 330-031 (IV-E Foster Care DS) 7104 Probation Officer $43,147.00 $43,147.00
330-001 (Juv Dir Supervision) 7124 $0.00 $480.00

7. Facilities Management (1100): Approval of the following personnel action(s) as previously approved by CC on 11/15/16 (refer to agenda item no. 57075):
Action Dept./Prog. Slot No. Current Position Title Budgeted Salary Proposed Position Title
Title Change 220-001 0017 Air Condition Technician Helper $26,794.00 Custodian II

8.Pct. 4 Rd. Maintenance (1200): Approval of the following personnel action(s) as previously approved by CC on 11/15/16 (refer to agenda item no. 57341):
Action Dept./Prog. Slot No. Position Title Current Budgeted Salary Proposed Budgeted Salary
Delete 124-007 0034 Equipment Operator I $26,341.00 $0.00
Delete 124-007 0078 Administrative Assistant IV $36,312.00 $0.00
Create 124-007 0084 GIS Operator III $0.00 $52,937.00

9. HIDTA Chapter 59 (1251): Approval of the following personnel action(s) as previously approved by CC on 11/22/16 (refer to agenda item no. 57280):
Action Dept./Prog. Slot No. Current Position Title Current Budgeted Salary Proposed Position Title Proposed Budgeted Salary
Reclassification 270-011 0028 Criminal Investigator II $61,800.00 Task Force Operations Supervisor $70,000.00

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on 1  to 9.

Vote: 4 - 0 - Unanimously

10. Approval of transfers.
11. 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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on 10 and 11.

 Vote: 4 - 0 - Unanimously

Commissioner Palacios stepped away from the meeting.
Attachments:
 
H.
AI-57684
TXDOT-Pct 1 Mile 2W (Mile 12-US83):
Concurrence of Change Order #5 as submitted by TXDOT for Mile 2 West Project, CSJ#0921-02-170, with authority for County Judge to sign TXDOT Form 2146-AFA.

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

 Vote: 3 - 0 - Unanimously
 
I.
AI-57703
TXDOT Pct 1:
1. Discussion, consideration, and approval of Advance Funding Agreement (AFA) between Hidalgo County and Texas Department of Transportation (TXDOT) for Off-System Replacement Project of Charles Green (CR 342) over Irrigation Canal (CSJ: 0921-02-331) with authority for the County Judge to sign all required documentation.

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

 Vote: 3 - 0 - Unanimously

2. Approval to issue check payable to the Texas Department of Transportation Trust Fund in the amount of $750.00 for the County's estimated share of preliminary engineering for the Off-System Replacement Project of Charles Green (CR 342), with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. (CSJ: 0921-02-331)

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

 Vote: 3 - 0 - Unanimously
Attachments:
 
23.
 
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-57742
Requesting approval of the final negotiated agreement #C-16-357-12-13 with Gregorio Pina, Ph.D. for the purpose of: Psychological Evaluation Services for All Hidalgo County Law Enforcement Agencies.

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

 Vote: 3 - 0 - Unanimously
 
2.
AI-57409
Requesting authority to advertise and approval of qualifications, requirements, and scope of services as attached hereto for: "Hidalgo County Pool of Professional Services" for the following;

A. Architectural Services RFQ-2017-005-02-01-YZV
B. Engineers Services - RFQ-2017-006-02-01-YSI
C. Eng. Serv. Geo-technical & Construction Material Testing - RFQ-2017-007-02-01-SMA
D. Construction Managements Services-RFQ-2017-008-02-01-HGO
E. Appraisal and/or Review Services-RFQ-2017-009-02-01-SGS
F. Surveying Services RFQ-2017-010-02-01-TDL

for selection on an "as needed basis" [through a grading/scoring, ranking, negotiation protocol as established by CC] per project by Hidalgo County Commissioners' Court, Precincts, all County Departments and/or applicable Programs or Agencies requiring said services effective March 16, 2017 through March 15, 2018.

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

 Vote: 3 - 0 - Unanimously
 
3.
AI-57507
A.  Approval of order for exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section, 262.024 (a)(4), a professional service;

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

 Vote: 3 - 0 - Unanimously

B.  Acceptance and approval of a negotiated engagement/agreement/contract with Dr. Norma Jean Farley, MD/forensic pathologist for the provision of autopsies & related services as drafted and developed by District Attorney's Office confirming compliance with those provisions set forth in Government Code 2254- 1) on a basis of demonstrated competence and qualifications to perform the services; and, 2) for a fair and reasonable price (fees permitted by law).

Martha Salazar stated that this is subject to final legal review and compliance by the district attorney's office. It has been attached to the agenda but will provide a final review before it's executed.

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

 Vote: 3 - 0 - Unanimously
 
B.
 
Pct. 1
 
1.
AI-57719
A. Recommendation by project engineers, LeFevre Engineering & Management Consulting, LLC, & TEDSI Infrastructure Group to award the Base Bid to the responsible vendor submitting the lowest and best bid meeting all specifications, subject to compliance with HB 1295 and SAM.gov , for the following FEMA projects in the amounts listed: 
 
  PROJECT NAME PROJECT NO. AWARD RECOMMENDATION
TO VENDOR:
AMOUNT:
1 Hidalgo County Precinct No. 1 – FEMA Road Drainage Improvements - Indian Hills Subdivision 2016-399-12-07 IOC Company $1,280,979.70
2 Hidalgo County Precinct No. 1 – FEMA Road Drainage Improvements - Mile 13 1/2 North Road, Mile 11 North Road, and Yvette Circle 2016-398-12-07 2GS, LLC dba Earthworks Enterprises  $519,662.30

Martha Salazar informed that there were concerns regarding funding not being recognized at this time. However, at the moment in order to award a bid, funding must be in place and sufficient. Second concern was running out of time, however, it's still good until May 2017.

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

 Vote: 3 - 0 - Unanimously
B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee:  Raul Lozano, [unless otherwise voiced/announced by Current Commissioner ] to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

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

 Vote: 3 - 0 - Unanimously
 
2.
AI-57645
Pursuant to Hidalgo County's Exiting Elected Official Policy, requesting approval of the following Requisitions and PO increases for HC Commissioner Pct #1:
  • Purchase Order Increases # 752757,753067, 751919
  • Requisition: 310264,310267,310255,310236
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 3 - 0 - Unanimously
 
C.
 
Pct. 2
 
1.
AI-57726
A.  Requesting authority to advertise in accordance with Government Code,Title 10, SUBCHAPTER F. CONSTRUCTION MANAGER AT RISK, TWO [2] STEP PROCESS for the:  Design and Construction of a Multi-Use Facility to be located on the site of the current Palmer Pavilion Building [does not include the Gilmore Kitchen];

Correction: It does include the Gilmore Kitchen.

Martha Salazar informed that this item is subject to final legal review.


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

 Vote: 3 - 0 - Unanimously

B.  Approval of the CMAR procurement packet for the Design and Construction of a Multi-Use Facility to be located on the site of the current Palmer Pavilion Building [does not include the Gilmore Kitchen];

Correction: It does include the Gilmore Kitchen.

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

 Vote: 3 - 0 - Unanimously

Also subject receiving the transfer form, which it was received a few minutes ago.
 
C.  Requesting a declaration of "Surplus" for the purpose of disposition through demolition/destruction the Palmer Pavilion Building/Structure  [41 years old/fully depreciated as supporting documentation confirms] not to include Gilmore Kitchen  [through sealed quotes by Pct. 2 staff but in no event to exceed $50K].

This does not include the demolition of Gilmore Kitchen.

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

Vote: 3 - 0 - Unanimously
Attachments:
 
2.
AI-57688
A. Pursuant to Texas LGC Chapter/Section 263.151 (2)(B)(C)(CD) and 263.152 (a)(2) action to declare one (1) 2007 Terex TX970B  Backhoe one (1) 2004 Terex TX760 Backhoe and one (1) JCB Model 215S Backhoe  as "Surplus" [detailed & described in the Exhibit attached herein] for the purpose of disposition [of the 3 units] for use as  "Trade-Ins" toward the acquisition of new units;

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

 Vote: 3 - 0 - Unanimously

B. Approval to Purchase through Buyboard awarded vendor, John Deere Construction Retail Sales via Contract 515-16 - two (2) - 410L Backhoe Loader through Requisition #310098 in the amount of $176,992.00 for Pct. #2.

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

 Vote: 3 - 0 - Unanimously
 
3.
AI-57756
Pct. #2 requesting that the three [3] structures detailed below be declared "Surplus" for the purpose of disposition through demolition [to be procured by Pct.#2 via sealed quotes but in no way to exceed $50K] as the structures have all been fully depreciated as detailed in supporting documentation attached herein:
A.  Old House located at Palmer Pavilion-Asset ID#3054;
B.  Portable Building at Lopezville Park-Asset ID#3062;
C.  Old Pct. #2 Mechanic Shop-Asset ID#3056;

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

 Vote: 3 - 0 - Unanimously
Attachments:
 
D.
 
Pct. 3
 
1.
AI-57661
Approval to execute a lease of land agreement (remains as approved as a Sole Source by CC 12/20/11), with Jose Ramirez, Jr., for the purposes of landfill access at "Penitas Landfill"under TCEQ Permit No. MSW 1727 for the residents residing in areas outside the ETJ of Cities in Precinct No. 3.

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

Vote: 3 - 0 - Unanimously
 
E.
 
Pct. 4
 
1.
AI-57773
A.  Acknowledgement, acceptance and concurrence from the City of Edinburg [as detailed in supporting documentation] that a portion of Ramseyer Rd. [limits between Doolittle and I-69] that falls within the city has been recently paved by Hidalgo County Precinct #4 with no cost to the City and for which no reimbursement will be sought by County;

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

 Vote: 3 - 0 - Unanimously

B.  Acceptance and approval to process payment for the invoices detailed herein [as part of the materials used for the paving completed and described in Caption A, above:
      1.  Frontera Materials, Inc. - Inv. #216-10892 - $17,540.36;
      2.  Pavement Markings - Inv. #4306 - $5,664.33 or $5,664.60 [amount on PO#739727];

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

 Vote: 3 - 0 - Unanimously
 
F.
 
Health & Human Services Dept.
 
1.
AI-57552
Approval of "Second Amendment" to Service Agreement C-16-089-05-10 between Hidalgo County Health & Human Services Department and Ivan Melendez, M.D.  for the provision of Physician Servicers-TB Clients [as permitted under the current terms of  agreement] subject to compliance with HB 1295.

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

Vote: 3 - 0 - Unanimously
 
G.
 
County Clerk
 
1.
AI-57708
Requesting approval of "CORRECTION" of agreement # to reflect [HHS Contract No. Attachment A] and NOT  HHS Contract No. 2014-44214-001 on the Data Use Agreement (DUA) between the Texas Health and Human Services Enterprises and Hidalgo County commencing with County Clerk as (approved by CC on 05/10/16-AI-54486).

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

Vote: 3 - 0 - Unanimously
 
24.
 
Open Forum

1)
Fern McClaugherty spoke with regards to the economic development draft. According to McClaugherty, the draft states that the county will support/fund small and disadvantage business. She questioned the capability of the county to aid the many disadvantage business.

2) Opal Billman stated that the court presiding over her divorce did not proceed with the correct authority to divide the state. Billman petitioned the removal of all buildings from her community property.
Attachments:
 
25.
 
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI-57722
Pending/potential litigation - matter involving joint real estate sale by the County of Hidalgo, City of Edinburg, Edinburg EDC and others

No action taken on this item.
 
D.
AI-57738
Civil Action No. 7:16-cv-00184; County of Hidalgo v. Old Republic Surety Company

No action taken on this item.
 
26.
 
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

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

No action taken on Item.26.A. and B.
 
27.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Judge Garcia joined the meeting.

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

No action taken on this item.
 
C.
AI-57721
Pending/potential litigation - matter involving joint real estate sale by the County of Hidalgo, City of Edinburg, Edinburg EDC and others

No action taken on this item.
 
D.
AI-57739
Civil Action No. 7:16-cv-00184; County of Hidalgo v. Old Republic Surety Company

Valde Guerra requested the court to consider accepting the settlement amount of $15,000

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
 
28.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
29.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
30.
 
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: 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 13th day of December, 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 December 13, 2016.

Signed this 13th day of DECEMBER 2016




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


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