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Minutes for CC REGULAR

REGULAR MEETING - JUNE 25, 2013

BE IT REMEMBERED, that on this 25th day of June A.D., 2013, there was begun and held a REGULAR 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 HECTOR "TITO" PALACIOS

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-OFICIO 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
June 25, 2013
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 counted present.
 
2.
 
Pledge of Allegiance
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer
Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
 
Open Forum

-Opal Billman stated that her rights are being infringed upon as a result of the outcome on her divorce case.
-Karina Cardoza informed the Court and Audience of the Town Hall Meeting for Pct. 4 to be held on June 27, 2013 at the City of Edinburg.
 
6.
 
County Judge's Office:
 
A.
 
Report on bills before the Texas Legislature of interest to Hidalgo County

NO ACTION taken on this item.
 
B.
AI-39216
Recognition of Ernest Aliseda on his appointment to the University of Texas System Board of Regents

Karina Cardoza read the Resolution into the Record.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
C.
AI-39079
Presentation by the Hidalgo County Regional Mobility Authority (RMA) on their annual report.

Dennis Burleson, HCRMA Chairman; Louie Jones, HCRMA Program Manager; and Pilar Rodriguez, HCRMA Executive Director provided the Court an update on the 2012  Annual Report which included but not limited to discussions on timelines for SH 365, purchase of properties, various phases, environmental clearance, La Joya ByPass, Vehicle Registration Fees, etc. 
 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
1. 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."

2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

NO ACTION taken on items 7.A.1 & 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors

NO ACTION taken on this item.

2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects

Lauro Torres, with the Budget Office, informed the Court that a temporary certificate of occupancy was approved for the modulars for furniture only. Installation of the security gates and wheel chair ramps will begin today.

3) Emergency situations occurring since last agenda meeting

NO ACTION taken on this item.
 
C.
AI-39368
Discussion and action on cancelling the Commissioners' Court Meeting of July 2, 2013
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to cancel the Commissioners' Court Meeting of July 2, 2013.

Vote: 5 - 0 - Unanimously

 
D.
AI-39302
Approval to accept settlement check from Fred Loya Insurance Agency in the amount of $470.54 to settle auto accident with County vehicle. (Sheriff Office)
 

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

 
E.
AI-39300
Approval to accept settlement Money Order from Ricardo S. Martinez in the amount of $206.42 to settle County property damages. (Precinct 3) 
 

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

Vote: 5 - 0 - Unanimously

 
8.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-39143
Approval to select names for the 2013 Grievance Committee, pursuant to Texas Local Government Code Section 152.015.

Mrs. Muniz reminded the Court that last year they had requested that seven of the Hidalgo County Elected Officials be selected to the Grievance Committee and they are the Sheriff,  Tax Assessor/Collector, Treasurer, County Clerk, District Clerk, County Attorney/Criminal District Attorney. In addition, two members from the public will be selected and two alternates.
 

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 to appoint the Sheriff, Tax Assessor/Collector, County Clerk, District Clerk, Treasurer, District Attorney, Willard Moon and Shanon Herrera (both of McAllen) to the 2013 Grievance Committee, and alternates Janie Gomez (Edinburg) and Norma L. Zepeda (McAllen).

Vote: 5 - 0 - Unanimously

 
9.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
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.
 
B.
AI-39203
Requesting approval to process the following invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
Vendor Account No. Billing Date Amount of Invoice Amount To Pay
AT&T 956-843-7463-001-7 05/29/13 ($1,355.24) Credit $0.00
AT&T 956-262-1141-273-7 05/23/13 ($742.67) Credit $0.00
AT&T 805227770 06/03/13 $145.96 $145.96
AT&T 857868885 05/16/13 $54.37 $54.37
AT&T 956-682-6155-728-4 06/07/13 $259.60 $259.60
Verizon 956-968-7541-711217 06/01/13 $285.26 $285.26
    Total ($1,352.72) Credit $745.19
 

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

 
C.
AI-39212
Requesting approval to appropriate $100,000.00 into the Health Administration budget for the period of 06/25/13 through 12/31/13. 
 

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:
 
D.
AI-39334
1.  Discussion of the County Health Care Funding District as per Senate Bill 1623 signed and approved by the Governor on June 14, 2013.

Eddie Olivarez discussed the Hidalgo County Community Health Fund District and its funding and benefits to County. He explained that in November there will be a Constitutional Amendment that is looking at formalizing a Hospital District (which may become the taxing entity). Olivarez stated, "I'm coming to you today to get permission to develop and form the district". 

Virginia Townsend commented that she does not believe that as a County, that we have to accept this bill and sees this as potential taxes for the taxpayers. If the Court proceeds with this, Ms. Townsend reqeusted workshops, information, etc.

Mr. Olivarez then stated that he is requested action to get wheels in motion, to hold hearings for the public, begin to develop procedures and to contact the Tax Office so as to collect the fees from the hospitals, etc.

Mr. Olivarez clarified that this allows himself and his team to work with the hospitals to develop a mechanism to formally  develop the Hidalgo County Community Fund District in accordance with SB 1623.

NO ACTION taken on this item.

2.  Approval to proceed with the creation of the County Health Care Funding District.

Steve Crain, Legal Counsel, stated that he has "reviewed the law, and that the main thing people need to understand is that this is not a tax on any County resident. This is only a payment from each of the hospitals in the County. No tax is involved as a mandatory payment, for right now".
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval, to start the process (of creating the County Health Care Funding District) with the understanding that we are not committing to anybody raising taxes at the County level at this point.

Vote: 5 - 0 - Unanimously

Attachments:
 
10.
 
Emergency Management - Oscar Montoya:
 
A.
 
Status update on the Water Irrigation Allotment

NO ACTION taken on this item.
 
11.
 
IT Department - Renan Ramirez
 
A.
AI-39336
Approval to process the following invoice as a claim for AT&T with authority for County Treasurer to issue payment after review & auditing procedures are completed.

Invoice Date Invoice # Vendor Amount
06/03/2013 803358989 AT & T Long Distance $227.06
Attachments:
 
B.
AI-39393
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

Invoice Date Invoice Vendor Amount
05/28/13 956 383 5229 AT & T $576.81
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 11.A & B.

Vote: 5 - 0 - Unanimously

Attachments:
 
12.
 
Urban County - Diana Serna:
 
A.
AI-39171
Requesting approval of Urban County Program Interlocal Agreements with (16) member City Consortium for Urban County Program Year 26 (2013) and authorization for Hidalgo County Judge Ramon Garcia to sign any and all agreements.
 

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

Vote: 5 - 0 - Unanimously

 
B.
AI-39194
Requesting approval of a budget and program amendment for the City of La Villa to its Urban County Program FYs’16, 18, 24 & 25 (2003, 2005, 2011 & 2012) work plans. The amendment will add the following project description: construction of a belt filter press and an aerobic digester at the wastewater treatment plant; delete the ED Direct financial Assistance activity by $225,000.00 and create a Water/Sewer Improvements activity in the amount of $225,000.00 for FY 25 (2012).
Attachments:
 
C.
AI-39205
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 26 (2013) effective July 1, 2013- May 31, 2014. (See attached Agreement)

Amigos Del Valle, Inc. Arise South Tower
Boys & Girls Club of Alamo/ San Juan Boys & Girls Club of Edinburg-RGV
Boys & Girls Club of Pharr Avance, Inc.-Rio Grande Valley

See item 12.F.
 
D.
AI-39210
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 26 (2013) effective July 1, 2013- May 31, 2014. (See attached Agreement)

Children’s Advocacy Center CAMP University
CASA of Hidalgo County Easter Seals of the RGV
Food Bank of RGV Pharr Literacy Project, Inc.

See item 12.F.
 
E.
AI-39215
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 26 (2013) effective July 1, 2013- May 31, 2014. (See attached Agreement)

LRGVDC- Foster Grandparent Program Girl Scouts of Greater South Texas
Hope Family Health Center La Union del Pueblo Entero
Women Together Foundation, Inc.  

See item 12.F.
 
F.
AI-39219
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 26 (2013) effective July 1, 2013- May 31, 2014. (See attached Agreement)

Nuestra Clinica Del Valle, Inc. Open Hands Community Charitable Services
LRGVDC- Valley Metro Senior Community Outreach Services, Inc.
Boys & Girls Club of Mission  
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 12.C - 12.F.

Vote: 5 - 0 - Unanimously

 
13.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-39308
Approval of Full Contract for Election Services between Hidalgo County and the Sharyland Independent School District for their Special Election to be held on June 22, 2013.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
14.
 
Planning Department - Raul Sesin:
 
A.
AI-39220
Discussion and Possible Action on County concurrence of plans for Proposed State Highway Improvement - Hidalgo County FM 494 (Shary Road) from 0.38 miles North of Business 83 (Sunset Lane) to 0.27 miles South of US 83 Expressway (Colorado Street) Project No. CSJ 0864-01-065
 

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:
 
15.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-39310
1. Approval of Interlocal Cooperation Agreements between Hidalgo County and the following Cities:
     a. City of Alamo
     b. City of Donna
     c. City of Weslaco
     d. City of Progreso
     e. City of Progreso Lakes
     f. City of Mercedes
     g. City of Elsa
     h. City of Edcouch
     i. City of La Villa

Raul Lozano requested to delete the Interlocal Cooperation Agreements, under this item, with the City of Mercedes, City of Edcouch and the City of La Villa because those are already in place.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval tO enter into agreements with the City of Alamo, City of Donna, City of Weslaco, City of Progresso, City of Progreso Lakes, and the City of Elsa, only.
Vote: 5 - 0 - Unanimously





2. Approval of an Interlocal Cooperation Agreement Project in which Hidalgo County and the Cities listed above will assist each other on multiple projects. 

NO ACTION taken on this item.
 
16.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-39401
1.   In Accordance with Section 791.014 of the Texas Government Code, requesting approval to reconstruct a portion of Cesar Chavez Road in Alamo, TX.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to reconstruct a portion of Cesar Chavez Road in Alamo, Texas. .
Vote: 5 - 0 - Unanimously


2.  Approval of Interlocal agreement between the City of Alamo and the County of Hidalgo to negotiate the acquisition of real property required for the reconstruction of Cesar Chavez Road.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
17.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-39392
Approval of Interlocal Cooperation Agreement between the City of Edinburg and the County of Hidalgo, Texas (for cleaning of drainage ditch)
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
18.
 
Budget & Management - Sergio Cruz:
 
A.
AI-39396
Discussion, consideration and approval of Budget Amendment Policy - Personnel-Related Amendments.

Commissioner Joseph Palacios stepped away.

Sergio Cruz, Budget Officer reminded the Court that this item was brought up about two to three months back, and was approved subject to legal review. Mr. Cruz explained that this "will be limiting any request or trying to curb the request for changes regarding the number of budget positions and the compensation of those positions and try and limit those changes to the annual budget cycle. There are two exceptions, which are the use of the discretionary funds by both, the Criminal District Attorney's Office and the Sheriff's Office". 

Valde Guerra replied that he is in agreement with the changes for the Sheriff's Office and District Attorney's Office in respect to their operations, in general. Discussion continued and Mr. Cruz stated that the only exception would be in the case of emergencies. 
 
Steve Crain, Legal Counsel, has reviewed and approved the new changes presented by Valde Guerra and Sergio Cruz.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-39355
Approval of Resolution Authorizing Termination of Paying Agent/Registrar Services and Approving New Paying Agent/Registrar for the County of Hidalgo Outstanding Obligations and Approving Other Matters Incident Thereto.

Sergio Cruz explained to the Court that BBBA Compass has submitted a letter to resign as paying agent and that they are working on finalizing the documents with the new pay agent, Bank of New York Mellon Trust Company, N.A. Mr. Cruz stated that this item will be brought back next week.

NO ACTION taken on this item.
 
 
C.
AI-39358
Approval to submit Form 8038-CP (Return for Credit Payments for Issuers of Qualified Bonds) to the Department of the Treasury for the interest payment due August 15, 2013 on the Certificates of Obligations, Taxable Series 2009C and 2010B (Build America Bonds) with authority for Commissioners' Court Executive Officer to sign form.
 

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

 
D.
AI-39237
Justice Court Building Security Fund (1245):
Approval of appropriation of funds for the Justice Court Building Security Fund in the total amount of $23,900.31 to cover cost of security equipment and installation for the JP Precinct 1 office.
 

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

Vote: 4 - 0 - Unanimously

 
19.
 
Purchasing Department - Marty Salazar:
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.
 
County Judge's Office
 
1.
AI-39324
Requesting acceptance and approval with authority for County Judge to execute document, of modification to the original scope of work through a (Statement of Work Change Authorization 1) from SAIC (though Hidalgo county's membership participation with Cooperative Purchasing Agreement HGAC-EN06-10) as previously approved by Commissioners Court on 04/16/2013 AI-38090 Regular Agenda,  in connection with Consulting Services to assist Hidalgo County in the development of new Hazard Mitigation Plan which reflects no additional costs to be incurred. 
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve, with no additional cost to the County.

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
 
Pct. 1
 
1.
AI-39176
Requesting approval of the following  claims/invoices with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

Invoice Date Invoice # Vendor Amount Account#
5/1/13 22192937 ASG Security $26.50 3-1200-431-00-121-004-0-413
6/1/13 22351932 ASG Security $26.50 3-1200-431-00-121-004-0-413
5/1/13 22192938 ASG Security $23.45 3-1100-452-00-121-013-0-413
6/1/13 22351933 ASG Security $23.45 3-1100-452-00-121-013-0-413
5/1/13 22227058 ASG Security $26.65 3-1100-452-00-121-013-0-413
6/1/13 22389781 ASG Security $26.65 3-1100-452-00-121-013-0-413
    Total $153.20  
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0

Attachments:
 
C.
 
Pct. 2
 
1.
AI-39159
a. Approval to purchase One (1) new 2013 Street Sweeper through County's membership/participation with Buybaord  awarded vendor, Kinloch (Contract #348-10) in the amount of $154,402.00, which includes shipping, training & Buyboard fees #2013-197 MEG

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

b. Approval to purchase Two (2) new 2014 Cat Model CT660 Dump Truck with standard equipment in addition to the additional specifications listed and attached through County's membership/participation with NJPA (National Joint Powers Alliance) Contract CO-OP awarded vendor, HOLT (Contract #060311-CAT) in the amount of $132,096.15.00 each to equal $ 264,192.30 for both Dump Trucks #2013-198 MEG 
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-39380
Accept and approve final negotiated "On-Call" professional appraisal services agreement on an as needed basis with Leonel Garza Jr. & Associates, LLC for, "Various Projects" for Precinct No. 2 as ranked/approved for negotiations on CC 6/18/13.
 

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

 
3.
AI-39352
A.  Acceptance, and approval of the following final construction contracts to awarded vendor as submitted through project engineer, Mr. Raul Sesin, P.E., Hidalgo County Planning Department for Hidalgo County Precinct No. 2;
 
 
Project Title
C.C. Award Date
Vendor
Amount
Contract No.
1.
Hidalgo County Precinct No. 2-“Little Mexico Subdivision and South Tower Estates Paving & Drainage Project”
05/21/13
2GS, LLC
$468,569.70
C-13-127-05-21
2.
Hidalgo County Precinct No. 2 “McColl Road Overlay & Curb and Gutter Improvements”
05/21/13
2GS, LLC
$408,758.00
C-13-139-05-21

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 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 to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

Judge Garcia stepped away.

Martha Salazar stated that Raul Silguer would be the designee.
 
 

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

 
D.
 
Pct. 4
 
1.
AI-39217
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services.

Commissioner Joseph Palacios joined the meeting.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption.
Vote: 4 - 0 - Unanimously

B. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional engineering services –Geotechnical and Construction Materials Testing (on call services) for projects in Pct No. 4.
 
Evaluators L&G Engineering TSI Laboratories PSI, Inc
Evaluator 1 99 97 95
Ranking  1  2  3

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


C. Authority for the Purchasing Department to negotiate a professional engineering service - geotechnical services (on call services) contract with the No. 1 ranked firm of      L&G Engineering     for: projects in Pct No. 4.
 

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:
 
2.
AI-39359
A. Requesting approval of a professional engineering services agreement with LE FEVRE ENGINEERING and MANAGEMENT CONSULTANTS, LLC for the purposes of  "Professional Engineering Services" for Job Specific Project: "SUNFLOWER ROAD PARK PH I PROJECT within Hidalgo County Precinct No. 4.;

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously

B.  Acceptance and approval of WORK AUTHORIZATION No. 1 in the amount of $ 89,270.00 submitted by LE FEVRE ENGINEERING and MANAGEMENT CONSULTANTS, LLC, contracted engineering firm for professional engineering services in connection to Contract #C-13-132-06-25 for Job Specific Project: "SUNFLOWER ROAD PARK PH I PROJECT within Hidalgo County Precinct No. 4;

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

C.  Requesting approval of a professional engineering services agreement with Jorge Perez Consulting Engineers, LLC d/b/a PEREZ CONSULTANTING ENGINEERS, LLC for the purposes of "Professional Engineering Services" for Job Specific Project: "CURRY ESTATES DRAINAGE IMPROVEMENTS PROJECT" within Hidalgo County Precinct No. 4;

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


D.  Acceptance and approval of WORK AUTHORIZATION No. 1 in the amount of $ 16,780.00 submitted by Jorge Perez Consulting Engineers, LLC d/b/a PEREZ CONSULTING ENGINEERS, LLC contracted engineering firm for professional engineering services in connection to Contract #C-13-058-06-25 for Job Specific Project: "CURRY ESTATES DRAINAGE IMPROVEMENTS PROJECT" within Hidalgo County Precinct No. 4.
 

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

Vote: 4 - 0 - Unanimously

 
E.
 
Health & Human Services Dept.
 
1.
AI-39214
Approval of Amendment to Exhibit "A" to Memorandum of Understanding (MOU) by and between Hidalgo County Health Department and Hidalgo County Sheriff's Office for the purposes of "PRENATAL HEALTH CARE SERVICES TO INMATES" in connection to contract#E-13-160-04-30 (C-07-225-05-08).
 

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

 
F.
 
Colonia Access Program
 
1.
AI-39288
Requesting approval of the following (for the provision of construction materials testing) pursuant to the provisions of the current contracts:

a. Supplemental Agreement # 1 extending contract #C-CAP-12-157-07-03 between Hidalgo County BCAP Pct. 4 and L&G Engineering Laboratory effective July 04, 2013 through the completion of Laboratory Services in Hidalgo County Colonias approved by the state of Texas under the Third Call of Proposition Three funding;

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

b. Supplemental Agreement # 1 extending contract #C-CAP-12-168-07-03 between Hidalgo County BCAP Pct. 3 and L&G Engineering Laboratory effective July 04, 2013 through the completion of Laboratory Services in Hidalgo County Colonias approved by the state of Texas under the Third Call of Proposition Three funding;

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

c. Supplemental Agreement # 1 extending contract #C-CAP-12-194-07-31 between Hidalgo County BCAP Pct. 1 and L&G Engineering Laboratory effective August 01, 2013 through the completion of Laboratory Services in Hidalgo County Colonias approved by the state of Texas under the Third Call of Proposition Three funding.
 

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:
 
G.
 
Colonia Access Program Pct. 3
 
1.
AI-39290
Acceptance, and approval of the following for C-CAP-13-048-05-07 Ramirez I, II & III Subdivisions between Hidalgo County and REIM Construction Inc. as submitted through project engineer Javier Hinojosa Engineering:

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

A. Final construction contract (CC previously approved to award on 05-07-13) in the amount of $255,390.25;

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 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 to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

Mrs. Salazar announced that Mona Parras would be the designee.
 

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

 
H.
 
Sheriff's Office
 
1.
AI-39179
Presentation for award of sole responding/qualifying vendor (N.T.C. Drug Testing Services Inc.) that submitted bid and met all specifications, and requirements with approval of contract for: “Hidalgo County Sheriff's Office- Drug Test Collection Services” (RFB No.2013-077-05-22-MEG.)
 

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

 
I.
 
County Clerk
 
1.
AI-39182
Acceptance and approval of a License Agent Agreement between Hidalgo County and Texas Parks & Wildlife Department (TPWD) permitting the County Clerk's Office to act as agent for TPWD in issuing licenses, endorsements and similar items to individuals (as authorized by TPWD Code Section 12.702), effective, September 1, 2013, expiring, August 31, 2018 with option to extend an additional five (5) year period under same rates, terms and conditions. 
 

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

Vote: 4 - 0 - Unanimously

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

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

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-39304
Claim of Leonor Torres
 
D.
AI-39306
Claim of Jose Roberto Cantu
 
E.
AI-39376
Claim of Edinburg Real Estate Network
 
F.
AI-39298
Civil Case Number: 7:12-cv-116; David Duran v. Eddie Guerra, individually and as Elected Official of the County of Hidalgo County Precinct Four of Hidalgo County, Texas
 
G.
AI-39384
CL-13-1855-A; Alberto Martinez v. Albert A Collins and Hidalgo County

NO ACTION taken on items 20.A through G.
 
21.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Commissioner Joseph Palacios did not return after Closed Session.

NO ACTION taken on this item.
 
B.
 
Pending and/or potential litigation

NO ACTION taken on this item.
 
C.
AI-39305
Claim of Leonor Torres
 

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 in the amount of $951.88.

Vote: 4 - 0 - Unanimously

 
D.
AI-39307
Claim of Jose Roberto Cantu
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $1,029.29.

Vote: 4 - 0

 
E.
AI-39377
Claim of Edinburg Real Estate Network
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANMOUS vote to approve in the amount of $91,715.75.

Vote: 4 - 0

 
F.
AI-39299
Civil Case Number: 7:12-cv-116; David Duran v. Eddie Guerra, individually and as Elected Official of the County of Hidalgo County Precinct Four of Hidalgo County, Texas
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval to accept the settlement in the amount of $16,250.00.

Vote: 4 - 0

 
G.
AI-39385
CL-13-1855-A; Alberto Martinez v. Albert A Collins and Hidalgo County

Valde Guerra, Executive Officer, disclosed to the Court that this claim will be facilitated by Josephine "Josie" Ramirez-Solis and that she will continue to handle this matter.
 
22.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
23.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
24.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to Adjourn.

Vote: 4 - 0 - Unanimously

There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 25th day of June, 2013

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Priscilla Torres, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on June 25, 2013.

Signed this    2nd    day of    July    2013




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


By: ____________________________
(Seal) Priscilla Torres, Deputy