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Minutes for CC - REGULAR

SPECIAL MEETING - May 30, 2017

BE IT REMEMBERED, that on this 30th day of May A.D., 2017, 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 DAVID FUENTES

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 30, 2017
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

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

The court moved to approve the consent agenda for the exception of Item. 12.C. and 12.I to be pulled for further discussion.
 
5.
 
County Judge's Office:
 
A.
AI-59605
Resolution in Recognition of the Hidalgo County Crime Stoppers as the organization celebrates its 20th Anniversary.

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

Hidalgo County Crime Stoppers Board President, Alma Cortez thanked the court on behalf of the citizens of Hidalgo County for the resolution and recognition. She presented a proclamation they received from the Governor's Office. 

Sheriff's Office Division Chief Joel Rivera explained that the Crime Stoppers Program is a unique structure between the law enforcement and the nonprofit organizations. The program is set up in such a way, that people can give information anonymously. 
 
B.
AI-59639
Discussion, consideration, and action on Order reinstating Precinct 5 Constable and Justice of the Peace Pct. 5, Place 1.

Judge Ramon Garcia explained that this involves an action taken in 2011. For over 100 years, the area of Delta, Edcouch, Elsa, La Villa and Monte Alto have been provided a constable and a justice of the peace for the respected areas. However, in 2011 the court proceeded to terminate the positions of JP and Constable Precinct 5. Now, 6 years later the matter is being brought up again. 

Nine exhibits were put together, the first exhibit presented the cost estimate and whether they would go with option 1, 2, or 3. Judge informed that Scenario No.1 would be a total of $606,171 for both the constable and four positions, and the JP with four positions. Scenario No.2 would provide four positions for the jp and five positions for the constable, for a total of $612,282. Scenario No.3 would provide 5 and 5 for both with a total amount of $658,371

Exhibit 2 contained Article 5, which explained the establishment of these two positions throughout every county in the State of Texas. Clarifying that each county in the state with a population of 50,000 or more, according to the most recent census from time to time, for the convenience of the people, it shall be divided into not less than four and not more than eight precincts.

Furthermore, Exhibit 3 indicated that if the court acts on it or approves, it will not take effect until January 1, 2019. With an election for those two positions on the March primary and November election.

Exhibit 4 disclosed a comparison between Hidalgo County, El Paso County, Cameron County and Denton County, and the total number of constable and jp's per precincts. 

According to the judge, Exhibit 5 is the most dramatic reason for approving the reinstatement, is the increase of violent crime occurring in the Delta area. The judge reported that between 2010 - 2012, there were 58 rapes, 84 robberies and 247 aggravated assault. Between 2013 - 2015 there were 87 rapes, 97 robberies, 236 aggravated assault. The judge then presented part 2 - crimes from 2011 to 2015. As per Judge Garcia, these numbers were provided by the Sheriff's Office. 

Sheriff's Office, Joel Rivera informed that the increase in rape is due to the change in the definition of the law that changed the way that sexual assaults are categorized. 

Commissioner Flores questioned Rivera as to the total crime rate for the whole county. On that note, Rivera informed that the overall crime index has gone down. Also noting that aggravated assaults have increased in certain areas, they are working on those.

Commissioner Fuentes commented that aggravated assault has increased in the defined area of precinct 5. Rivera disclosed that these are only the statistic that the Sheriff's Office keeps and not necessarily from municipalities.

Jonathan Almanza, County Judges Office, informed that population has only increased 5,000 since 2010. 

Commissioner Palacios questioned if these numbers were from incorporated areas or none-incorporated. Almanza explained that precinct 5 is mostly rural, however Edcouch and Elsa are incorporated.

Constable Precinct 2, Martin Cantu informed that their normal hours are Monday - Friday from 8 to 5. Cantu advised that they are not a criminal enforcement office, they do not take any calls for service, and do not have a 24/7 dispatcher. Constables, are a civil process agency that mostly attends to paperwork and attending to JP courts. According to Cantu, they do not patrol streets as a criminal division, they patrol and served papers. He clarified that they are Peace Officers, and do issue citations in the State of Texas. Commissioner Fuentes indicated that this does not mean that precinct 5 constables never provided a law enforcement presence. The constable informed that they do provide law enforcement presence in the colonias, but when a citizen calls they do not get dispatched. Their office is composed of 19 administration employees.

Judge Garcia noted that constables have the capability to act as a deterrent, if the citizen sees a constable on the road in a fully marked vehicle they realize that they are a law enforcement peace officer. 

Commissioner Palacios commented that this is the first time they sit and see about the action they took six years ago. The commissioner reminded the court that he was one one of the voting members that helped eliminate. The commissioner stated that they have to look at both, safety and presence. Informing that when they took action six years ago, they re-allocated assets to the existing constable precinct 1. Additionally, the commissioner stated that he didn't see the comparison between constables and jp's and their staff. He questioned what the $600,000 means and whether they are relocating or creating positions. 

Constable Cantu noted that even though they took action in 2011, it didn't actually dissolved until 2013 or 2014. He pointed out that the constables office works by population, and precinct 2 is the most populated. 

Commissioner Cantu commented that the best way to look at this, is to get the sheriff's office to look at the numbers and realigned some of the staff. Not only are both officers, but the sheriff's have full weight of the sheriff's department behind them, compared to a constable's office who has a lot of administrative people. The commissioner stated that he rather have more sheriff's, should they determine that there is a need.

Commissioner Palacios stepped away from the meeting.

Commissioner Fuentes argued that there's population and geographic issues, because this is such a large area and there is no committed area to it. In addition, he informed that the entire Delta area is served by almost 30 license law officers. 

Rivera said that the sheriff's allocate resources from intelligence policing initiative, they look where the bulk of the crime is and that's where they allocate resources to. Commissioner Fuentes emphasized how important it is to provide safety at a faster rate. On that note, Rivera stated that they have reduced the response time from 20 minutes in 2012 to 14 minutes this past year. 

Commissioner Palacios joined the meeting.

Rivera explained tha the sub-station helps in such a way that it facilitates people the ability to go see them, and bring witnesses when there is a major event. 

Commissioner Flores pointed out that precinct 3 has the same issue, Sullivan City, Peñitas, Los Ebanos. Constable precinct 3, restated that there is a difference in responsibilities between the sheriff and constables. The constables deal more with civil paperwork process. The constable remarked that they are busy patrolling parks, truancies, and interlocals with schools and irrigation district. Even though the duties are not the same, they do work closely with Sheriff Guerra and have assisted on taking down some criminals. Commissioner Fuentes argued to the constable that there is more border patrol and DPS presence in that area. 

Commissioner Palacios stated that it's difficult to make a decision just having one item meeting.

Commissioner Fuentes asserted they have a small window of opportunity because they also have to get the elections department involve. 

Constable Gaitan noted that the Delta and Edcouch area can reach to other neighborly municipalities for help. He assured that they do patrol the colonias that reach out for help.

Commissioner Fuentes confirmed with Constable Gaitan that they do too take care of illegal dumping, and informed the constable that the precinct 1 area has a lot of issues with illegal dumping affecting drain ditches. 

Virginio Gonzalez, City of Edcouch Mayor thanked the court for putting this item on the agenda. He argued that the crime is affecting the school districts, as well as truancy is starting to become a problem.

Mayor of Elsa, Al Perez thanked the court for considering this item. Informing of increases in illegal dumping, and shootings. The mayor alleged that young gang people don't know the specific duties of a constable, but with their mere presence, they'll think twice to commit a crime.  

Virginia Townsand disclosed she's been around the Edcouch/Elsa area and knows how those communities operate. She argued that a constable's office nor a sheriff's office will be the answer. 

Constable for precinct 1 was not present at the meeting, but according to Commissioner Fuentes they spoke regarding the situation. The commissioner informed that the constable feels they are short handed and have so much in their plate as far as administrative duties. 

Fern McClaugherty revealed she looked up what the constable's job is, and noted that precinct 1 constables work from 7:00 a.m.to 4:00 p.m., stating that most crimes occur at night. McClaugherty suggested taking that money and placing deputies out in that area. More, she specified that police officers in Edcouch and La Villa are supposed to be doing their job. Additionally, she remarked that the constable they had before never brought in money like the other precincts. 

Jonathan Almanza informed that Hargill and Delta area residents have to travel over 20 miles just to get to the Justice of the Peace in precinct 1. Arguing, that the combined average cost for the constables and the jp's is $1.7 million. Almanza indicated that this would involve reassignments. 

Judge Garcia continued to inform that the last exhibits were resolutions in support of reinstatement of the offices. Judge disclosed that City of Edcouch and City of Elsa voted unanimously to reinstate. Judge noted he was waiting on one from La Villa but was unable to get it on time.

Commissioner Palacios commented on the matrix for exhibit 4, stating that, population will continue to grow. The commissioner stressed that the has always endorsed services to people. However, questioned if there's a time limit and suggested holding workshops to keep the discussion going. Moreover, Commissioner Palacios said he wants meet with the sheriff and constables to further discuss and have a better understanding of the problem. 

The judge informed he was ready to take action on the item, but wanted to hear from constable precinct 1.

Commissioner Cantu told the court to consider the decision as this will be something that it will stay for a while. Further, he commented that he read letters from the community and would like to resolve the issue as best as possible, other than creating another constable's office. In addition, the commissioner informed he has been asking for information regarding the item, but he just received the information today.

Based on the comments by the court members, judge stated that he would post-pone the decision and allow precinct 1 constable and the sheriff to discuss the matter.

Commissioner Fuentes remarked that this item be consider in a timely matter, and requested having the elections and budget departments as part of any conversations involving the sheriff. 

Almanza informed that the cost per deputy including salary and  benefits would be $68,782 and even if they don't reassign, it could cost about $800,000

Court took no action on this item.

Court proceeded to Item.6.A.
 
C.
AI-60046
Discussion and action to approve revised templates for PACE Lender Agreement, PACE Owner Contract, and Notice of Contractual Assessment Lien related to the Form documents attached to the Resolution Establishing Hidalgo County PACE Program previously approved on November 15, 2016.

Commissioner Fuentes stepped away from the meeting.

Michael Leo informed that the DA's office, along with the Tax Office are in agreement with this, and there is a project in the making in the Mercedes area. 

No county staff was required.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
Attachments:
 
D.
AI-60044
Discussion and action on the Amendment to Tax Abatement Agreement effective as of December 13, 2016 between Hidalgo County and Wonderful Citrus Packing LLC and approve order on same.

As per Michael Leo, they were given until June 1 to file construction plans, but are asking for more time. This amendment does not change anything only gives them to August 31 to file plans.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Court proceeded to Item.7.A.
 
6.
 
District Clerk - Laura Hinojosa:
 
A.
AI-59992
Resolution in Honor of Ernesto Cano for 32 years of dedicated and exceptional service to the judicial system and Hidalgo County District Clerk's Office.

District Clerk Laura Hinojosa presented a resolution in honer of Ernesto Cano for his dedicated service to the county for 32 years. 

Judge Garcia stepped away from 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

Court proceeded to Item.10.A.
 
7.
 
District Attorney's Office:
 
A.
AI-59929
Victim Assistance Program (VAP) Grant (1281):
Approval to submit a VAP Grant #2924301 budget adjustment to the Office of the Governor (OOG). 

Commissioner Cantu stepped away from 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: 3 - 0 - Unanimously
 
B.
AI-59793
DA Vehicle Theft (1221):
Approval of 2017 appropriation of funds in the amount of $31.92.

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

Vote: 3 - 0 – Unanimously

Court proceeded to Item.9.A.
Attachments:
 
8.
 
Constables:
 
A.
AI-60008
Constable Pct. 3 (1230)
Approval of 2017 appropriation of Chapter 59 funds received by Hidalgo County District Attorney's Office HIDTA Task Force in the amount of $23,255.00.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
B.
AI-60018
Constable Pct. 3 (1257)

Approval of 2017 appropriation of US Treasury funds received by Hidalgo County District Attoney's Office HIDTA Task Force in the the amount of $10,000.00

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
 
C.
AI-59924
Constable Pct. #3:
Discussion, consideration and action on Interlocal Cooperation Agreement between County of Hidalgo, Texas and Hidalgo County Irrigation District #6

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

Commissioner Palacios joined the meeting.

The constable introduced Joe Aguilar, General Manger for the Irrigation District No.6. they are providing $50,000 for the partnership for the next 3 years, each year it will be $50,000 to provide assistance with illegal dumping along their canal banks.  

Commissioner Flores joined the meeting.

Court was not aware of first vote and took a second vote.

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: 5 - 0 - Unanimously
 
D.
AI-59795
Constable Pct. 3 - STOP Truancy (1285):
Approval to renew Interlocal Agreements between Hidalgo County and the following school districts - (STOP Truancy Program) for the 2017-2018 school year:
1. La Joya Independent School District
2. Mission Consolidated Independent School District

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: 5 - 0 - Unanimously

This consist of 50/50 cash match salaries.
 
E.
AI-59905
Constable Precinct 4:
Discussion, consideration, and approval to appoint Jose Noe Rodriguez as a Reserve Deputy Constable by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.012. 

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

Court proceeded to Item.5.C.
Attachments:
 
9.
 
Sheriff's Office:
 
A.
AI-59922
Sheriff's Office OCDETF (1284):
1.  Approval of FY2017 Overtime Agreement (Investigation Number SW-TXS-1059) between the Organized Crime Drug Enforcement Task Forces (OCDETF) and the Hidalgo County Sheriff's Office in the amount of $8,000.00.

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

Vote: 3 - 0 – Unanimously

2.  Authorization to pay overtime reimbursable under the grant terms and conditions.

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

Vote: 3 - 0 – Unanimously

3.  Approval of certification of revenues as certified by the County Auditor for the OCDETF agreement.

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

Vote: 3 - 0 – Unanimously

4.  Approval of appropriation of funds in the amount of $8,000.00.

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

Vote: 3 - 0 - Unanimously
 
B.
AI-59925
Sheriff's Office OCDETF (1284):
1.  Approval of Organized Crime Drug Enforcement Task Forces (OCDETF) Agreement between the Hidalgo County Sheriff's Office and the Drug Enforcement Administration McAllen District Office/Houston Division Office OCDETF Strike Force Group D-81.

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

Vote: 3 - 0 – Unanimously

 2.  Approval of certification of revenues as certified by the County Auditor for the OCDETF grant agreement.

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

Vote: 3 - 0 – Unanimously

3 .  Approval to appropriate OCDETF grant award in the amount of $5,100.00 (in reference to Investigation Number SW-TXS-1059).

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-59917
Jail Commissary:
1.  Approval of certification of revenues by the County Auditor in the amount of $5,392.20.

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

Vote: 3 - 0 – Unanimously
 
2.  Approval of 2017 appropriation of funds in the Jail Commissary account for the amount of $5,392.20.

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

Vote: 3 - 0 – Unanimously

Court proceeded to Item.10.B.
 
10.
 
Health & Human Services Department:
 
A.
AI-59939
Resolution in Recognition of the Hidalgo County Tobacco Prevention and Control Coalition.

Eduardo "Eddie" Olivarez introduced members fo the Hidalgo County Tobacco Prevention and Coalition to acknowledge all the hard work to promote and prevent second hand smoking. Currently, there are 72 smoke free cities and 16 in the Rio Grande Valley. Here in the Valley they are, City of City of Alton, City of Donna, City of Edinburg, City of Mercedes, City of Pharr, City of San Juan,City of Mission, City of Peñitas, City of Weslaco, 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

Court proceeded to Item.13.A.
 
B.
AI-59799
Presentation of Walk Across Texas Champions challenge #13.

Rick Salinas, Health and Human Services Department introduced the new champions of the Walk Across Texas Challenge, "Twisted Blister" form the Nuisance Abatement office. The winners are the Walk Across Texas challenge No.13 champions, walking across Texas a total of 3,359
 
C.
AI-59998
HSGP (1293):
Requesting approval to submit extension request for grant contract #3114901 from the Office of the Governor to end on 08/31/2017.  The purpose of the extension is to reallocate available funds and allow additional time for procurement.  

Olivarez informed that there was money left and are hoping they can utilize it for other expenditures.

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

Vote: 3 - 0 – Unanimously
 
D.
AI-60020
Requesting approval of the Interlocal Cooperation Agreement Between The University of Texas Rio Grande Valley and The County of Hidalgo.  The purpose of the Agreement is surveillance and screening of mosquito-borne diseases in the Lower Rio Grande Valley.  

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

Vote: 3 - 0 – Unanimously
 
E.
AI-60000
Requesting approval to allow Hidalgo County Health & Human Services staff in partnership with Hidalgo County Emergency Management staff to host and provide training for local Amateur Radio Operators at the Health Department conference room.  The Field Day Exercise will be held on June 24, 2017.  

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

Vote: 3 - 0 – Unanimously
 
F.
AI-60007
Discussion, consideration and update on ZIKA activities in Hidalgo County and encouragement on having licensed vector control staff in each precinct.  

Olivarez notified that as of last week they got together with precincts, and through some procurements they received Zika funding. They encouraged some of the commissioners to get staff licensed trough the USDA. According to Olivarez, the only thing that is asked is to have a truck, they did received money for the pump but not money for the trucks. There are 8 cases being investigated right now. Olivarez thanked all the community organizations for assisting.

Commissioner Fuentes joined the meeting.

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
 
G.
AI-59948
Discussion, consideration and approval to disseminate the 2017 Operation Lone Star VIP Day invitation on behalf of Hidalgo County Commissioner's Court and Pharr-San Juan-Alamo Independent School District.  

VIP Day will July 27, 2017 at PSJ High School.

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
Attachments:
 
H.
AI-59916
1.  Requesting approval to ratify action taken on 05/02/17 through AI-59536 to designate Eduardo Olivarez, Chief Administrative Officer as contact person / managing employee for the purpose of processing the Medicare revalidation.  

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

Vote: 4 - 0 – Unanimously

2.  Requesting approval to ratify action taken on 05/02/17 through AI-59536 to request authority for County Treasurer to process electronic payment in the amount of $560.00 to pay for the Provider Enrollment Medicare Application Fee after review and auditing procedures are completed by County Auditor.  

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously
Attachments:
 
I.
AI-59919
Requesting consideration of ratification to appoint Michael Anthony Gomez as a Public Health Intern in conjunction with the approved Master Internship Agreement between Texas A & M University and Hidalgo County, to become effective May 16, 2017 for a term ending August 12, 2017.

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

No action taken on this item.
 
2.
AI-60014
Discussion and update regarding letter in support of the UHRIP Pilot Program.

Olivarez reminded the court that this item is regarding the presentation Carlos Zaffirini gave two sessions ago in regards to a propose project by CMS. The project was then announced that it wouldn't continue until next year, however because of a request by Zaffirini there will be an opportunity if there are letters of support given by the board of judges. There is a letter that was put together and submitted to Hidalgo County Judge Garcia, Cameron County judge and Webb County judge, if this does get approve it would mean Hidalgo County would be interested in participating. According to Olivarez, this would allow between $40 and $50 million dollars of additional funding to the LPPF. This is strictly a hospital base program and will not have impact on county funds. This would be subject to CMS and HHC approval. 

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
Attachments:
 
K.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

No action taken on this item.
 
11.
 
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 updates or discussions.
 
B.
AI-60006
Discussion, consideration, and approval for Environmental Compliance Coordinator to submit letter to TCEQ withdrawing application for permit for waste water treatment plant at Delta Lake Park in Pct. 1.  

Commissioner Cantu joined the meeting.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-59962
Approval to accept settlement check from Fred Loya Insurance Agency in the amount of $2,409.26 to settle property damage claim with County security fence. (Courthouse)

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
 
D.
AI-59963
Approval to accept settlement check from GEICO County Mutual Insurance Company in the amount of $426.01 to settle auto accident claim with County vehicle. (Constable P3)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 5 - 0 - Unanimously
Attachments:
 
12.
 
Human Resources:
 
A.
AI-60028
WIC - Food Summer Program (1292):
1. Discussion, consideration, and approval to create the following part-time temporary positions not to exceed 9 weeks, effective June 19, 2017:
 
Action Dept./
Program
Position Title Slot # Budgeted Salary/ Hourly Rate
Create 350-020 Referral Resource Specialist I T009 $3,240.00/yr. - $12.00/hr.
Create 350-020 Referral Resource Specialist I T010 $3,240.00/yr - $12.00/hr.
2. Approval of intradepartmental transfer.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval of 1 and 2.

Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-60019
Sheriff's Office (1100):
1.  Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

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

Vote: 5 - 0 – Unanimously

2. Approval of the following personnel action in accordance with Section 9.14 of the Civil Service Commission Rules, effective 5/22/17:
Action Employee No.  Slot No.  Dept./
Program
Current
Position Title
Current
Budgeted Salary
Proposed 
Position Title
Proposed 
Budgeted Salary
Reclassification 143502 0114 280-001 Senior Deputy Sheriff Step II $51,068.00 Sergeant Step II $61,290.00

Silguero informed that this was a decision that was render by the Civil Service Commission.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
 
C.
AI-59739
Sheriff's Office (1100):
1. Requesting waiver of the Budget Amendment Policy - Personnel - Related Amendments.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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 6/12/2017:
Action Slot# Dept. /
Program
Current/Proposed
Position Title
Proposed
Budgeted
Allowance
 Clothing allowance (add)  0154  280-001 Deputy Sheriff Step I $500.00
Clothing allowance (add)  0178  280-001 Deputy Sheriff Step I $500.00
Clothing allowance (add) 0218  280-001 Deputy Sheriff Step I $500.00

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

Vote: 5 - 0 - Unanimously
Attachments:
 
D.
AI-60004
Precinct #3  - Road Maintenance (1200):
1. Approval to create one (1) full time temporary position not to exceed six (6) months, effective June 26, 2017 through December 24,2017, as follows:
 
Slot No.  Dept./Program Position Title Proposed Budgeted Salary
T108 123-005 Administrative Assistant IV $19,685.00/yr.

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
 
2. Approval of intradepartmental transfer.

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

Court proceeded to Item.14.A.
 
13.
 
Urban County:
 
A.
AI-60026
 Approval of a Proclamation declaring June 2017 Home Ownership Month within the County of Hidalgo

Judge Garcia joined the meeting.

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
 
B.
AI-59934
Requesting approval of a program amendment for the City of La Villa FY’s 26 & 29 (2013 & 2016) work plans. Fiscal year 2013: will modify the current scope of work of a 100,000 gallon elevated water storage tank to a 200,000 gallon. Fiscal year 2016: will delete the current scope of work and add the construction of a 200,000 gallon elevated water storage tank.

Commissioners Flores and Palacios stepped away from the meeting.

Diana Serna informed that the city proposed that instead of doing the proposed budget in 2016, they'll like to combine the money. 

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

Court proceeded to Item.8.A.
 
14.
 
Fire Marshal's Office:
 
A.
AI-59911
Requesting approval to process the following invoice as a claim with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor. 
VENDOR INVOICE # INVOICE DATE AMOUNT
THE PRODUCTIVITY CENTER, INC. HCFM0081515 01/05/2015 $317.00
    Total $317.00

PO was not issued, this will be for the Texas Commission Law Enforcement Data Distribution Center.

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:
 
15.
 
IT Department:
 
A.
AI-59707
COMMISSIONER PCT. 1
Authorization and approval to purchase new wireless gps service through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following:
Qty: Description: User: Service Plan:
30 Data Plan for GPS Office Use Machine to Machine Account Share 5MB @ $7.00 each/per month
90 Data Plan for GPS Office Use Machine to Machine Account Share 1MB @ $5.00 each/per month

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:
 
16.
 
Head Start Program:
 
A.
AI-59888
Discussion/Approval of Program Calendars for Program Year 2017-2018

Teresa Flores informed that this calendars match every school district in the county. 

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

Vote: 5 - 0 -Unanimously
 
B.
AI-59889
Discussion/Approval to disburse lump sum summer paychecks to staff who resign as of the Last Summer Leave Day/Last Working Day for position assigned.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
 
C.
AI-59890
Discussion/Approval of the Following 2017-2018 Hidalgo County Head Start Program Plans:
Child Nutrition Services Health Services Special Services
Education Services Human Resources Transition Services
Family Services Mental Health Services Transportation Services

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
 
D.
AI-59891
Discussion/Approval of the Community Needs Assessment

Flores disclosed that there are 14,831 eligible children from Head Start, they only serve 3,690 therefore, there is more need than what they served. Additionally, there are 223 homeless families in the county, 21 of those are served by Head Start. The Texas Education Agency identifies 1,426 and the program serves 480. According to Flores, surveys were done online, there were 2,222 responses. Some of the concerns by the parents were unemployment, lack of insurance, crime and teen pregnancies. Families are seeking help in health education, asset building, ESL, and parenting education. Statistics are, more than half of the parents work, 1 parent family is 64.7% both parents working 11.9% and single parent is 56.8% the total of families is 3,690. Some of the strengths are, population is young, growing economy, low cost of living, entrepreneurship, hospital and health care is good. As per Flores, 98% of parents are very satisfy with services and there are no recommendations. 

This is conducted in conjunction with the the University of Rio Grande Valley. 

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
Attachments:
 
E.
AI-59892
Discussion/Approval to Enter into a Memorandum of Understanding (MOU) between Hidalgo Independent School District and Hidalgo County Head Start Program

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
F.
AI-59893
Discussion/Approval of Request to Enter into a Memorandum of Understanding (MOU) between Tropical Texas Behavior Health and Hidalgo County Head Start Program.

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
 
G.
AI-59894
Discussion/Approval to award classroom space (as attached hereto) for sealed bids on Lease of Classroom Space for the following area: 
a. Classroom Space - Mercedes  RFB# 2017-001-03-31

The classroom space is in City of Merces in La Herencia the award is paying $300.00 a month.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
H.
AI-59896
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to County's Surplus Department for Proper Disposition

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
Attachments:
 
I.
AI-59897
Recognition of Accident Free Centers

Flores recognized the accident free centers as attached in the backup.

No action taken on this item.
 
J.
AI-59887
Discussion/Approval of Summer Work Schedule

They'll be working 10 hour days starting in June and through the last week in July. They'll be closed Fridays.

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
Attachments:
 
17.
 
WIC:
 
A.
AI-59968
WIC Program (1292):
Requesting approval to submit credit application to create sub account for WIC Department with Boggus Ford Lincoln in order to fix our 2009 Ford E-350 Diesel Cargo Van and authorize Valde Guerra, County Executive Officer to sign credit application.

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
 
18.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-60038
1. Requesting approval of an Interlocal Cooperation Agreement (ICA) between the County of Hidalgo, and the City of Pharr concerning the use of the Pct 2 Las Milpas Park Pool by the City of Pharr to provide swimming lessons to citizens.

Armando Garza requested approval subject to legal review.

Steve Crain suggested approval subject to legal review and revision of the Interlocal agreement.


On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval subject to legal review and revision of the interlocal agreement.
                                                                              
 Vote: 5 - 0 – Unanimously

2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the Interlocal Cooperation Agreement (ICA) project regarding the use of the Pct 2 Las Milpas Park by the City of Pharr to provide swimming lessons to citizens.

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
Attachments:
 
19.
 
Precinct #3 - Comm. Flores:
 
A.
AI-60036
PCT 3 - Veterans Blvd SH495 (1200):
1.  Approval of certification of revenues as certified by County Auditor for revenues received from the City of Palmview for the road improvement to Veterans Blvd. (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: 5 - 0 - Unanimously

2.  Approval of 2017 appropriation of funds into Pct 3 Veterans Blvd. (SH 495) in the amount of $660.900.00.

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

Vote: 5 - 0 - Unanimously
 
20.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-59923
1. Discussion consideration and approval for Hidalgo County Pct. 4 to appoint Carlos Cruz Leal student at the University of Texas Rio Grande Valley and Daniel Diaz student at the University of Texas at Austin, as interns under Hidalgo County Precinct 4 for the period of June 5, 2017 to August 11, 2017.

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

2. Authorization for Hidalgo County Judge to sign Affiliation/Training Letter for internship.

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
 
B.
AI-59972
Requesting approval of claim for the following, with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
 
Invoice Date Invoice No. Description Amount
05/22/17 879363 Subscription from 03/12 through 05/10 $32.93

Commissioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                        
Vote: 4 - 0 - Unanimously
Attachments:
 
21.
 
Budget & Management:
 
A.
AI-60042
1. Presentation and discussion on Hidalgo County Capital Improvement Plan

Sergio Cruz disclosed they submitted CIP request forms to all departments, there was a total of 190 requests with a total of $320,862,569 million worth of capital improvement needs. 

There's a plan to issue approximately $31.5 million dollars worth of certificates of obligations to finance these projects.

No action taken on this item.

2. Presentation, discussion and possible action on CIP Plan of Finance.

Noe Hinojosa from Estrada Hinojosa Investment Bankers presented the county's outstanding debt. Through May 30, 2017, there is a total of $198 million dollars. The oldest loans are from 2009 with an outstanding principal of $2,390,000 the "noncallable" means that the county is not able to restructure or refinance. Bonds from 2009 A's and B's are being paid off by 2018. He also presented the tax rate of M&O & I&S from 2015 to 2017 with tax rate going from 0.53 down to 0.51

Hinojosa disclosed that each precinct would get $6 million for roads, equipment and other capital. The sheriff would receive $2.5 million, and they have also contemplated expenses for the new courthouse. Additionally, Hinojosa explained a scenario if they decide to do nothing and leave everything as is. In 2017, property values were about $29.8 billion and for 2018 the projected wroth is of $30.9 billion or 3.6% increase. If they do nothing, the payment will be $26 million. 

Troy Madres with Estrada Hinojosa explained the difference if they decide to do something or do nothing and staying the same, and keeping the preliminary tax rate impact after issuance of 2017 CO's. To borrow about $31.5 million they'll issue about $27.5 million. In 2018 the debt service will be about $1.9 million solving aside so that the tax rate would not change. Hinojosa, stated that this financing will be adjusted or fit into the current debt. Additionally, he assured the court that they have always kept in mind the construction of the courthouse, the debt service and mortgage payment for the courthouse financing. If they were to borrow $136 million the payments will be $7.9 million in 2019.The loan will be a 30 year loan, the City of Edinburg is expected to contribute about $1.5 million per year for as long as the debt stands. Net debt service in 2018 will be about $4.5 million. The tax rate in 2017 is projected at $0.07 but in 2019 when they re-finance they'll have to re-adjust by a penny, going from $0.07 to $0.08

According to Madre, the Pro Forma Debt Profile after 2017 indicate net services will be less.

Sergio Cruz commented on the constituents service building that would house the Fire Marshall, Planning Department, and Veterans Services Offices. According to Cruz, given the growth the county has, they feel there is the need for additional office space, the estimated cost for this building would be about $7 million dollars. If added to the current financing, it would add an additional $500,000 of debt service payments. They can split the financing into two different years, adding architect and other professional services to this year, and add the construction part next year. With regards to this building, Valde Guerra informed Commissioner Cantu that this would be on existing land, the old DPS building in Edinburg.

Commissioner Palacios noted that this building is a perfect location for those services.

Commissioner Cantu questioned if this plan includes the elections department. Valde Guerra commented that this might be for administration purposes.

Commissioner Flores joined the meeting.

Noe Hinojosa informed that obligations would be selling sometime on July 25.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously 

Commissioner Palacios stepped away from the meeting.
 
B.
AI-59918
Requesting approval for payment of Invoice No.: Mission PL FY2017-2b to the City of Mission/Speer Memorial Library for the Hidalgo County Library System (eLibrary) payment in the amount of $400,000.00.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI-59803
Texas VINE Grant (1283):
Approval to submit the FY 2017 Texas VINE Grant reimbursement maintenance invoice in the amount of $6,928.83 (3rd Qtr.) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with the authority for County Judge to sign the required documents.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously
Attachments:
 
D.
 
Budget Appropriations:
 
1.
AI-59940
2016 General Fund & Special Revenue Fund-Capital Leases:
1. Approval of certification of revenues, as certified by the County Auditor, to fund capital lease expenditures for various departments.
2. Approval of 2016 appropriation of revenues & expenditures to fund capital lease expenditures for various departments.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously

3. Approval of various 2016 intradepartmental transfers to fund capital lease expenditures for various departments.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
2.
AI-59912
Pct. 1 Rd. Maintenance (1200):
Approval of 2017 appropriation of funds into Pct. 1 Rd. Maintenance (121-005) in the amount of $122,350.92.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
22.
 
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 FORWARDED 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.
AI-59988
Approve an "Order" establishing the "Public Purpose" for the purchase of promotional items for disseminating information to vendors and residents of the functions, duties, responsibilities, policies and procedures of the Hidalgo County Purchasing Department at upcoming events commencing with UTRGV's  Procurement Technical Assistance Center Annual South Texas Business Opportunity Forum [scheduled for June 27, 2017] thus promoting and encouraging more interest and vendor participation in the County's procurement projects.

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

Martha Salazar explained to Commissioner Fuentes that precincts need to establish an order to give an idea of the type of events they'll be attending. 
 
B.
 
Hidalgo County
 
1.
AI-59848
Presentation of bids received [as detailed in tabulation sheet contained herein] for the purpose of award & approval of contract document, to the vendor submitting the lowest & best bid for "Limestone" [meeting all specifications/requirements] and subject to compliance with HB1295 (if & when applicable).

Martha Salazar recommended Frontera Materials for limestone only.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
2.
AI-59913
Acceptance and approval to exercise the County’s option to extend the final one (1) year renewal allowed under contract #E-16-125-03-22 under the same rates, terms and conditions with Gulf Data Products for the provision of “General Printing Services and Related Supplies” effective June 15, 2017 to June 14, 2018.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
3.
AI-59711
Presentation of bids received for the purpose of award to the responsible vendor submitting the lowest & best bid [meeting all specifications and/or requirements] and approval of contract document for project titled: "Rental of Industrial Uniforms-Hidalgo County" through RFB No.: 2017-045-03-29-SMA

Salazar informed that this is effective June 29, 2017.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
4.
AI-59777
Recommendation for CC to reject the sole bid received for RFB No.: 2017-012A-04-26-SGS titled: Hidalgo County-"Disposal of Used Oil-Oil Filters & Antifreeze" and to re-advertise this project, with modifications to Specifications, in hopes of obtaining more participation and better pricing.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
C.
 
Pct. 1
 
1.
AI-59985
PCT. 1
1. Requesting acceptance and approval of Certificate of Construction Completion as submitted by Texas Cordia Construction for Paving & Drainage Improvements for Mile 11 North (FM 1015 - Mile 1 West).

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

2. Requesting acceptance and approval of Application for Payment No. 7 (Retainage Release) in the amount of $31,666.57 as submitted by Texas Cordia Construction contracted vendor for the provision of Paving & Drainage Improvements for Mile 11 North (FM 1015-Mile 1 West) under Contract C-16-279-09-06.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
2.
AI-60025
PCT.1
A. Requesting acceptance and approval of Certificate of Substantial Completion as submitted by Asago Construction for the FEMA Road & Drainage Improvements Project - Mile 4 North Road.

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

B. Acceptance and approval of Application for Payment #2 Final in the amount of $87,674.35 as submitted by Asago Construction for the provision of FEMA Road & Drainage Improvements for Mile 4 North Road under Contract# C-16-364-11-01

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
3.
AI-60029
PCT.1
A. Acceptance & Approval of Certificate of Construction Completion as submitted by Asago Construction for the FEMA Road & Drainage Improvements - Mile 4 North Road.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously

B. Acceptance & Approval of Application for Payment #3 Retainage in the amount of $14,304.53 as submitted by Asago Construction for the provision of FEMA Road & Drainage Improvements - Mile 4 North Road under Contract# C-16-364-11-01.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
4.
AI-60052
A.) Requesting approval of final negotiated Agreement for Professional Engineering Services with L & G Consulting Engineers Inc., as it relates to Mile 6 Project (Contract # C-17-157-05-30) as approved for negotiations by Hidalgo County Commissioners Court on 03/07/2017;

Martha Salazar informed that this item is being ask to be approve subject to final legal review of any missing documents, as those are being worked on. 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval subject to final legal review of any missing documents.

Vote: 4 - 0 -Unanimously 
 
B.) Requesting approval  of Work Authorization No. 1 in the amount of $1,614,606.00, with L & G Engineering Services for Mile 6 Project.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
5.
AI-59987
Pct. #1:
Requesting acceptance and  approval of the following for 2GS, LLC dba Earthworks Enterprise for FEMA Road & Drainage Improvements: Mile 11 North, Mile 13 ½ & Yvette Circle under Contract C-16-398-12-13 including, but not limited to:
A. Certificate of Construction Completion as submitted and recommended by project engineer, LeFevre Engineering & Management Consulting, LLC reflecting the date of May 8, 2017;

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

B. Application for Payment No. 3 (Retainage Release) in the amount of $25,983.11.

Martha Salazar clarified that the correct amount is of $25,983.12

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
6.
AI-60041
PCT 1
A. Requesting approval of Interlocal Cooperation Agreement between The City of Weslaco, Texas and Hidalgo County, Texas concerning Phase I and Phase II Improvements to Mile 6 West Road from Mile 9 North to Mile 11 North [Phase I project development activities to the Road consists of the Environmental Assessment, Public Involvement and Schematic Services and Phase II shall include Field Surveys, Right-of-Way Map, Plans, Specification & Estimates, Roadway Right-of-Way Acquisition/ Compensable Utility Services];

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

B. In accordance with Texas Government Code §791.014, Hidalgo County, Texas, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project of a desire to widen and reconstruct Mile 6 West between Mile 9 and Mile 11 through a Phase II Inter-local Cooperation Agreement to be entered into with the City of Weslaco, Texas, and Hidalgo County.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
7.
AI-59945
Pct. #1:
Acceptance and approval for items under Contract #C-16-363-11-01 between Hidalgo County [Pct. #1] ASAGO LLC, dba, ASAGO Construction for the FEMA Road & Drainage Improvements:  Mile 2.5 East Road including but not limited to the following:
A. Certificate of Substantial Completion reflecting the date of May 11, 2017; and,
B. Payment Application No. 6 (Retainage) in the amount of $23,421.33.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
D.
 
Pct. 3
 
1.
AI-60010
A.  Requesting approval of "Supplemental Agreement No. 1" as submitted by L&G Engineering Contract C-15-161-11-17 to extend the project limits as requested by the Texas Department of Transportation, to include the section from IH2 (US83) on Abram Road North to Veterans Blvd. (approximately 0.2 Miles), thence East to SH 364 (La Homa);  

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
B. Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $1,321,800.00) as submitted by project engineer, L&G Consulting Engineers, Inc. dba L&G Engineering for, "PS&E, Surveys, Right-of-Way Map and Permitted Utilities Coordination for the Veterans Boulevard (SH 495) project from IH2 (US83) to La Homa Road (SH 364)" located in Precinct 3 through Contract # C-15-161-11-17;

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

C. Pursuant to contract with L&G Engineering, (Article 14) to C-15-161-11-17, approval to permit the subcontracting of R.O.W. Surveying Services, LLC and Ergonomic Transportation Systems, Inc. for the Veterans Boulevard Project.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
2.
AI-59931
Requesting approval of a professional appraisal services agreement with CruzBro RGV, LLC dba The Real Estate Center for the purposes of appraisal services for: The Fair Market Value Appraisals in connection with the Acquisition of Land-Sale and/or Exchange, Rights of Way, Easements, Condemnations and Disposition of County owned Property located within Hidalgo County Precinct No. 3 (on an as needed basis) and as selected for negotiations by CC from the "POOL" of Appraisers by CC on 2/21/17.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
E.
 
Pct. 4
 
1.
AI-59993
Acceptance and approval of Change Order No. 10 (decrease) for deduction of Landscaping Allowance to zero-out Contract No. C-14-067-06-03 with JCon Construction, LLC. as reviewed/approved by project architect of record, Mata-Garcia Architects, LLP for: Hidalgo County Precinct No. 4 Project: Construction of the Linn-San Manuel Emergency Services Facilities with authority for County Judge, or Court Member to execute document.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
F.
 
Health & Human Services Dept.
 
1.
AI-60003
Requesting authority to advertise and procurement packet [drafted/developed by HC-DH&HS & Purchasing Dept.] the project titled: "Online Pharmacy Billing Services" - RFP No.: 2017-149-06-21-HGO for County Indigent Health Care Level 2 Pilot Program with draft contract document subject to final legal review/approval.

Commissioner David Fuentes abstained from voting on this item.

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: 3 - 0 -Unanimously
 
G.
 
Co. Wide
 
1.
AI-59743
Presentation of Bids received (as detailed in tabulation sheet contained herein) for the purpose of award to the responsible multiple vendors submitting the lowest and best bids (including meeting specifications and/or requirements) with approval of contract document for project titled: Hidalgo County "Pipes & Related Miscellaneous Items" through RFB No.: 2017-046-04-05-FAZ as follow:
A. Rio Valley Pipe, LLC d/b/a CAPA;
B. HD Supply Waterworks, LTD
C. Act Pipe & Supply, Inc.
D. Ferguson Enterprises d/b/a Ferguson Waterworks
E. Aguaworks Pipe & Supply, LLC

Martha Salazar requested approval based on final review A to E.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval based on final review.

Vote: 4 - 0 – Unanimously
 
23.
 
Open Forum

1)
Rosie Salinas with LUPE Organization reminded the court about the signatures submitted for the public lighting, she also thanked Commissioner Flores for showing support.

2) Beth Barnes expressed complaints over the delay for today's court.
Attachments:
 
24.
 
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:
 
A.
 
Real Estate Acquisition

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

No action taken on this item.
 
C.
AI-59997
Pending/potential litigation - Edinburg Municipal Airport & City of Edinburg Property

No action taken on this item.
 
D.
AI-59927
EEOC Charge No. 451-2017-00801; Agnete Antons v. County of Hidalgo

No action taken on this item.
 
E.
AI-59932
Claim of Estate of Gabriel Miranda, Jr., deceased

No action taken on this item.
 
F.
AI-59954
Claim of AT&T

No action taken on this item.
 
G.
AI-59956
Claim of Texas Department of Public Safety

No action taken on this item.
 
H.
AI-59958
Claim of Juan Carlos Garcia

No action taken on this item.
 
I.
AI-59960
Claim of Severino Roque

No action taken on this item.
 
J.
AI-59994
Claim of AT&T

No action taken on this item.
 
25.
 
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."

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

B. Requesting engagement with the firm of Preston Henrichson in connection to Item.26.E. f for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
26.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

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

No action taken on this item.
 
C.
AI-59999
Pending/potential litigation - Edinburg Municipal Airport & City of Edinburg Property

No action taken on this item.
 
D.
AI-59928
EEOC Charge No. 451-2017-00801; Agnete Antons v. County of Hidalgo

Proceed as Directed.
 
E.
AI-59933
Claim of Estate of Gabriel Miranda, Jr., deceased

Refer back to Item.25.A. and B.
 
F.
AI-59955
Claim of AT&T

Valde Guerra requested for settlement authority to make an offer in the amount of $1,166.31

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously
 
G.
AI-59957
Claim of Texas Department of Public Safety

Valde Guerra requested for settlement authority to make an offer in the amount of $1,996.23

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
H.
AI-59959
Claim of Juan Carlos Garcia

Valde Guerra requested for settlement authority to make an offer in the amount of $160.00

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
I.
AI-59961
Claim of Severino Roque

Valde Guerra requested for settlement authority of full release of this claim in the amount of $22,500 if accepted by the court, it will be made payable to the Law Office of Javier Villalobos.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
J.
AI-59995
Claim of AT&T

Valde Guerra requested for settlement authority to make an offer in the amount of $776.62

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
27.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
28.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
29.
 
Adjourn

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 30th day of May, 2017

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 30, 2017.

Signed this 30th day of MAY 2017




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


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