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Minutes for CC REGULAR

SPECIAL MEETING - JULY 17, 2013

BE IT REMEMBERED, that on this 17th day of July A.D., 2013, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:

HONORABLE RAMON GARCIA

HONORABLE A.C. CUELLAR, JR. 

HONORABLE 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
July 17, 2013
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 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.

The Court then proceeded with item 6.A. and Executive Session/Open Session.


 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda.
 
5.
 
Open Forum
-Virginia Townsend made some clarifications to last week's presentation on the Hidalgo County Health Care Funding District, discussed the Hospital District and reiterated that she does not want more taxes.
-Opal Billman discussed the beneficiary of her property, false imprisonment on her own property, etc.
 
6.
 
County Judge's Office:
 
A.
AI-39498
Resolution in honor of Ofilia Juarez Perez
 

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

Vote: 5 - 0 - Unanimously

 
B.
AI-39667
Presentation on Operation Lone Star

Karina Cardoza and Eddie Olivarez informed the Court and Audience of Operation Lone Star. Cardoza and Olivarez asked that the community to attend and receive various free medical and dental services, vision & health screenings, immunizations, etc. Services will be provided from July 29 through August 1, 2013 at the PSJA High School (San Juan) and Palmview High School (La Joya).
 
C.
AI-39704
Presentation on Hidalgo County Employee and Dependent Scholarship Program

Karina Cardoza encouraged all employees and dependants to apply for the scholarship prior to the deadline of August 16, 2013 @ 5:00 p.m.
 
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."

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption as it pertains to CL-13-2016-D; Mario Herrera, III and Roxana Gonzalez v Hidalgo County and Eduardo Martinez.
Vote: 4 - 0


On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval of the exemption as it pertains to Hidalgo County v. Del Sol Construction (Re: Palmview Headstart).
Vote: 3 - 0



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

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to engage the services of Preston Henrichson as it pertains to CL-13-2016-D; Mario Herrera, III and Roxana Gonzalez v Hidalgo County and Eduardo Martinez.
Vote: 4 - 0


On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval to engage the services of Rick Gonzalez as it pertains to Hidalgo County v. Del Sol Construction (Re: Palmview Headstart).
Vote: 3 - 0





 
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
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on items 7.B.1, 2 & 3.
 
C.
AI-39515
Requesting permission to utilize the open forum area on courthouse grounds for a Prayer Rally on Saturday, August 17, 2013 from 9am to 11am
 

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 to allow the Edinburg Pro-Life Committee to utilize the Open Forum Area for a Prayer Rally.

Vote: 4 - 0

Attachments:
 
D.
AI-39670
Approval of Closing Documents for Sale of Real Property to Drainage District and authority for County Judge to execute same
 

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.
AI-39610
Approval to accept settlement check from GEICO Insurance Company in the amount of $65.00 to settle auto accident with County vehicle. (Sheriff Office)
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
F.
AI-39643
Discussion and possible action on an Order authorizing the Resale of Foreclosed Real Estate Properties for failure to pay ad valorem taxes.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
8.
 
Constables:
 
A.
AI-39280
Constable Pct. 2:
Discussion, consideration and approval to appoint Adam Daniel Gomez as Reserve Deputy Constable by Martin Cantu, Constable Pct. 2 in accordance with Texas Local Government Code Section 86.012.
 

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 the appointment of Adam Daniel Gomez as Reserve Deputy Constable.

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-39574
Constable Pct. #4:
Approval of 2013 appropriation of funds in the amount of $1,302.14 into the Constable Pct 4 Investigation HB65 Fund to purchase police gear.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
9.
 
District Courts:
 
A.
AI-39590
Master Court #1:
Requesting approval to process payment of the following invoice:
Vendor Invoice date Invoice # Amount
A Sign Language Company 4/20/12 8335  285.00

with authority for the County Treasurer to issue payment after review, audit and processing procedures are completed by the County Auditor
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
10.
 
Human Resources - Esther Cortez:
 
A.
AI-39674
Sheriff's Office (1100)
1.  Approval to remove clothing allowance as follows, effective next full pay period, 7/29/2013.

Slot # Position Title Budgeted Amount (Allowance)
0057 (Sr.) Deputy Sheriff (Step IV) $500.00
0065 Deputy Sheriff (Step II) $500.00
 
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 Unanimous


2.  Approval to authorize clothing allowance as follows, effective next full pay period.
 
Slot # Position Title Budgeted Amount (Allowance)
0029 Sergeant (Step I) $500.00
0041 Sergeant (Step III) $500.00
 
3.  Approval of revised salary schedule. 
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 10.A.2 & 3.

Vote: 4 - 0

 
B.
AI-39666
Elections Department (1100):
1.  Approval to create the following temporary full time positions:

Slot # Position Title Proposed Budgeted Salary
T151 Elections Clerk $8,818.00 per year/$8.4788 per hour
T152 Elections Clerk $8,818.00 per year/$8.4788 per hour
T153 Elections Clerk $8,818.00 per year/$8.4788 per hour
T154 Elections Clerk $8,818.00 per year/$8.4788 per hour
T155 Elections Clerk $8,818.00 per year/$8.4788 per hour
T156 Elections Clerk $8,818.00 per year/$8.4788 per hour
 
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.

Ray Eufracio, County Auditor, expressed concerns whether or not this action would be in compliance with the policy. Sergio Cruz, Budget Officer, explained that there were some clarifying statements made last week during Commissioners' Court that this would not apply to special purpose funds or grant funds. Mr. Cruz clarified to the Court that there is a need for the Election positions and that this would be would be within the scope of the policy.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 10.B.1, 2 & 3.

Vote: 4 - 0 - Unanimously

 
C.
AI-39693
Precinct #4 (1200):
1.  Approval to create the following temporary part time position:

Slot # Position Title Proposed Budgeted Salary
T079 Heavy Equipment Operator II $ 8,393.00 per year/$15.60 per hour
 
2. Approval of intradepartmental transfer.
3. Approval of revised salary schedule.

Mr. Cruz reiterated that the Court made some clarifying statments pertaining to the policy and is pending further review by legal before it can be brought back to Court. He explained that the restrictions on the policy only applies to the General Fund Departments and that this is a Road & Bridge account and the policy does not apply to this.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 10.C.1, 2 & 3.

Vote: 4 - 0 - Unanimously

 
11.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-39663
Approval to apply for the Border Prosecution Unit (BPU) Grant
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
12.
 
Sheriff's Office:
 
A.
AI-39521
Approval to process the following AT&T invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.

Account Number: Billing Date:  Amount:
956-383-0373-003-3   5-19-2013  $-182.68
956-383-0373-003-3  6-19-2013   $40.39
512-151-5019-861-4  6-01-2013     $6,678.70
956-381-7900-050-3  6-09-2013 $1,499.97
 

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, subject to submittal of letter by the Sheriff's Department verifying that the calls made are for business/investigative use.

Vote: 4 - 0 - Unanimously

 
B.
AI-39532
Approval to process the following Gregorio Pina, III, Ph.D. invoices for psychological Evaluation for new hires as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor. 
Invoice Date: Amount:
June 14, 2013 $2,035.00
June 18, 2013 $185.00
 
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
13.
 
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

Eddie Olivarez, Chief Administrative Officer, informed the Court and Audience that they are scheduled to have a Hearing on July 23, 2013 pertaining to the Health Care Funding District.
 
B.
AI-39497
Approval to process the following ATT invoice as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.

Vendor Account No. Billing Date Amount
ATT 956-387-0118-710-9 06/15/13 $139.09
ATT 956-383-0111-942-9 06/19/13 $203.97
ATT 956-787-1531-073-5 06/09/13 $1,491.44
ATT 956-585-2461-751-2 06/17/13 $174.65
ATT 956-843-7463-001-7 06/29/13 $615.85
ATT 956-262-1141-273-7 06/23/13 $937.24
    Total $3,562.24
 

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

 
C.
AI-39548
Approval to pay claim to Valley Bottle Water in the amount of $15.75 for bottle water delivered on 7/1/13. 
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
AI-39552
1. Requesting approval of the Certification of Revenue in the amount of $128,033.40. Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming reimbursement.

2. Requesting approval to appropriate the MAC budget in the amount of $128,033.40. 
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 13.D.1 & 2.

Vote: 4 - 0

Attachments:
 
E.
AI-39607
1.  Pursuant to Texas Local Government Code section 157.903, requesting approval of indemnification of an uncollectibe fee in the amount of $10.00. 

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


2.  Requesting authorization and approval to replenish the Environmental Division Food Handler's Certificate fund account.

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



3.  Requesting authorization and approval to direct Ms. Norma Garcia, Hidalgo County Treasurer, to generate a check in the amount of $10.00 payable to Hidalgo County Health & Human Services Dept. in order to adhere to the above action.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
F.
AI-39557
Requesting approval of the Lamar Companies contract.
 

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

Vote: 4 - 0 - Unanimously

 
14.
 
Emergency Management - Oscar Montoya:
 
A.
 
Status update on the Water Irrigation Allotment

NO ACTION taken on this item.
 
15.
 
Facilities Management:
 
A.
AI-39512
Approval of request for payment to City of Edinburg in the amount of $42.00 (P.O. #694618) with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
16.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-39665
1. Approval to amend (increase) the 2013 HIDTA Task Force-U.S. Department of Treasury Asset Forfeiture Fund Budget (fund 1252) in the amount of $50,000.00.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

2. Approval to appropriate funds in the amount of $50,000.000 in the 2013 HIDTA Task Force-U.S. Department of Treasury Assets Forfeiture Fund Budget (fund 1252)
 

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 - Unanimously

Attachments:
 
17.
 
Urban County - Diana Serna:
 
A.
AI-39534
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineer services;

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption.
Vote: 4 - 0

2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the City of Edcouch, Urban County Program and Hidalgo County Purchasing Department in connection with and funded through Hidalgo County Urban County Program FY 24 & 25 (2011 & 2012) Edcouch – Water/Sewer Improvements.
Professional Service Firm Grade Ranked
Fulcrum Consulting Services 94.66%  1
Quintanilla, Headley and Associates, Inc. 92.33%  2
R. Gutierrez Engineering Corporation 91.33%  3

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve in the order of their scores.
Vote: 4 - 0 


3. Authority to negotiate a professional service contract with the No. 1 ranked firm for an Urban County Program – City of Edcouch – Water/Sewer improvements project.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-39539
Urban County Program, on behalf of the City of Palmview, is requesting consideration and action to award and enter into a construction contract with Texas Cordia Construction for a 2011 Street Improvements project in the amount of $110,665.20, utilizing funds from UCP Years 23 & 24 (2010 & 2011), Urban County Street Improvements line item.
 

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

 
C.
AI-39551
Requesting authorization to enter into agreement with the Texas Homeless Network Agency Partner for HMIS Services and authorize UCP Director to sign.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
AI-39553
The Urban County Program requests approval of the Emergency Solutions Grants Program Sub-Recipient Agreements with the following for Program year 26 (2013). See attached Agreements.

# Sub-Recipient Agency Total Contract Amount
1 Advocacy Resource Center for Housing, Inc. $111,500.00
2 Catholic Charities of the Rio Grande Valley $149,500.00
3 Women Together Foundation, Inc. $178,900.00
4 The Salvation Army $ 80,217.00
                                                                  TOTAL: $520,117.00
 

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

Vote: 4 - 0 - Unanimously

 
E.
AI-39583
1. Consideration and approval to authorize the submission of Contract Amendment No. 1 (Performance Statement and Budget Amendment) to the General Land Office (GLO) Contract No. 12-589-000-6887/DRS220068.). The Performance Statement Amendment will include modification to the Alberta Drainage Project necessary to meet project specifications. The budget amendment will include Force Account Labor committed by Hidalgo County Precinct No. 4 at a cost of $727,185.60 from their Rural Development Funds Account.

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

2. Approval of Resolution regarding the funding from the Texas General Land Office(GLO) Disaster Recovery Program and local funds to be committed by Hidalgo County Precinct No. 4 for a total project cost of $ 2,427,185.60
 

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.
AI-39617
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for construction material testing.


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

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) testing firms from the county’s approved “pool” as graded and evaluated by the Precinct No. 1, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 23 (2010) Precinct No.1 - Street Improvements funds.

Professional Service Firm Grade Ranked
TERRACON 92%  1
MEG Engineers 90.33%  2
Professional Services Industries, Inc. 88.66%  3

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


3. Authority to negotiate a professional engineering service contract with the highest ranked firm of
for construction material testing for Urban County Program Year 23 (2010) Precinct No.1 - Street Improvements funds.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
G.
AI-39614
Requesting approval to authorize Urban County Program Director to sign Exhibit “A" (Irrevocable Directive of Draw Proceeds) of a Master Disbursement Agreement for Castle Enterprises, LLC to employ the services of a disbursement agent, Aacon, Inc., for the Precinct No. 1 Street Improvements Project (Saenz Ave).
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
18.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-39676
1.  Discussion and approval of Appointment of Democratic Presiding Election Judges and Alternate Election Judges for the August 1, 2013 through the July 31, 2015 term.
2.  Discussion and approval of Appointment of Republican Presiding Election Judges and Alternate Election Judges for the August 1, 2013 through the July 31, 2015 term.

NO ACTION taken on items 18.A.1 & 2.
Attachments:
 
19.
 
TX. Agri-Life Extension Services:
 
A.
AI-39517
Recognition of Vidal Saenz, Extension Agent-CEP (AgNR), for having received the 2013 Administrator's Program Delivery Award - Extension Agent Category.

Vidal Saenz was recognized by Ms. Barbara Storz and the Court  for his efforts in getting programing and loans for farmers in the Rio Grande.
Attachments:
 
B.
AI-39555
Requesting approval to appoint a new Family Resources Agent, Andrea Valdez.  The agent will commence employment as follows:
 
Agency/ Employer Date of Employment
Texas A&M AgriLife Extension Service (under a one month training program) August 1, 2013
Hidalgo County Extension Services office September 1, 2013
 
 

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 appoint Andrea Valdez as the new Family Resources Agent.

Vote: 4 - 0 - Unanimously

 
20.
 
WIC - Norma Longoria:
 
A.
AI-39473
Requesting approval to pay water deposit to the City Of Pharr in the amount of $150.00, for the Las Milpas WIC Clinic, 125 E. Las Milpas Rd. Ste. E. Pharr,Tx 78577, with authority for County Treasurer to issue check after review, audit and processing by the County Auditor has been completed. 
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
21.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-39634
1. Consideration and approval to purchase easement on a certain tract of land described as Parcel J.C. Engelman Subdivision, Sections 262 and 263, Lots 4 and 5 for the Delta West Subdivision Drainage Improvement Project.

NO ACTION taken on this item.


2. Consideration and approval on “Waiver of Appraisal Report” on a certain tract of land described as Parcel No.1 – J.C. Engelman Subdivision, Sections 262 and 263, Lots 4 and 5 for the Delta West Subdivision Drainage Improvement Project.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the Waiver of Appraisal Report.

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-39668
Authorization and approval to appoint Antonio Lopez to the Emergency Services District #2 Board, for the term of July 1, 2013 thru December 31, 2014 pursuant to Texas Health and Safety Code Section 775.034
 

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

 
22.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-39675
1.  Rescind action taken on 06/25/13 on AI#39401 that approved Interlocal Agreement between The City of Alamo and The County of Hidalgo, TX

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0


2.  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. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0


3. Approval of Interlocal agreement between the City of Alamo and the County of Hidalgo, TX 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. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
23.
 
Budget & Management - Sergio Cruz:
 
A.
AI-39706
CO2010 A&B (1342):
Approval of 2013 appropriation of funds from Certificates of Obligation 2010 A&B unreserved fund balance to program (035) Courthouse Facility in the amount of $88,093.18
 

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 to appropriate funds for the construction of a new courthouse.

Vote: 4 - 0

Attachments:
 
24.
 
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.
 
Hidalgo County
 
1.
AI-39556
Recommending award of bid and approval of contract document to sole bidder (STX Snacktime Vending Co. ) meeting all specifications and/or requirements as attached hereto for: "Hidalgo County-Vending Machine Services" RFB No. 2013-066-06-26-SMA.
 

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

Vote: 4 - 0 - Unanimously

 
2.
AI-39587
A.  Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code. 262.024(a)(7)(C);

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


B.  Approval of a "Sole Source Declaration" for Time Warner for the provision of telephone services for Hidalgo County Elected Offices, Departments, Programs and/or Agencies (all funding sources);

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


C.  Approval for Hidalgo County Elected Offices, Departments, Programs and/or Agencies to purchase telephone related services from Time Warner thus allowing such services to be rendered.
 

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

 
3.
AI-39647
Acceptance and approval to execute the final form of AIA Agreement with ERO Architects, (as approved for negotiation on CC 4/09/13) in connection with the"Schematic Design Phase for a New Hidalgo County Courthouse Facility."

Commissioner Hector Palacios requested an update/standing item on the agenda so as to discuss the status of the new courthouse. Commissioner Joseph Palacios felt that a Workshop is needed to discuss the financial processes, debt capacity, etc. Sergio Cruz, Budget Officer, also agreed with the Court on having a Workshop so that hey may discuss financial restraints, taxes, projections on increases, etc. Discussion continued, during which the Court expressed the need to be more agressive on obtaining and earmarking funds for the new Courthouse, discussed the privitization of solid waste collection, $1 million commitment to the medical school, fund balance, jail needs, etc.

Joseph Palacios for the Record: My comments were merely just so that the Court would be agressive and making sure we breach the funding gap we, obviously, are projecting so that we can realize the Courthouse project.
 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve the final AIA Agreement with ERO for the new Hidalgo County Courthouse.

Vote: 4 - 0

Attachments:
 
4.
AI-39686
A.  Presentation for discussion, consideration and applicable action for the nomination of at least three (3) firms from HC current approved "Pool"of "Construction Management Services" for the contracting of a vendor for the Construction Services for the Renovations/Remodeling of the first and second floors of the former  Administration Bldg. located at 100 E. Cano, Edinburg, Texas through contractor, D. Wilson Construction and project architect, Alcocer Garcia Associates Design Consultants:

1.     Prodigy Construction Managemenat, LLC     

2.     Braudus & Associates     ___
 
3.     G.A.S. Enterprises, Inc.         


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


B. Selection/designation/assignment of evaluation committee to score, grade and evaluate the firms nominated so as to have CC rank and proceed with negotiation process for final contract for: Construction Services for the Renovations/Remodeling of the first and second floors-former Administration Bldg. located at 100 E. Cano, Edinburg, Tx:

1.     Jesse Ozuna - Pct. 4      __________
 
2.     Yolanda Chapa - Co. Judge's Office    

3.     Raul Lozano - Pct. 1       __________

4.     Raul Silguero - Pct. 2          ________

5.     Mingo Villareal, Jr. - Pct. 3        _____
 

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 the evaluation committee.

Vote: 4 - 0 - Unanimously

 
B.
 
Executive Officer
 
1.
AI-39654
Recommendation by Executive Office to take action regarding the County Owned Building located at 9805 North Street, McAllen, Texas 78501 Project including, but not limited to:

a. "cease" AIA Architectural Agreement negotiations with the #1 ranked firm as selected (on 11/13/2012) for "professional architectural services" with ERO Architects;

Martha Salazar, Purchasing Agent, clarified that thia building is located at 9805 North 10th Street, McAllen.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to cease negotiations, following Valde Guerra's recommendations.
Vote: 4 - 0


b.  cancel the project in it's present form with future changes/modifications in route, specifications and requirements and thus no further attempts to negotiate with the other ranked firms will be necessary.
 

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

 
C.
 
Pct. 2
 
1.
AI-39467
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption.
Vote: 4 - 0


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 surveyors for Cesar Chavez Road project in Pct No. 2.

Evaluators Sames Barrera Land Surveying Quintanilla, Headley and Associates
Evaluator  94  83  97
Ranking  2  1

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve in the order of their scores. 
Vote: 4 - 0


C. Authority for the Purchasing Department to negotiate a professional surveyor’s service contract with the No. 1 ranked firm of     Quintanilla, Headley & Associates      for: the Cesar Chavez project in Pct No. 2.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
 
Pct. 4
 
1.
AI-39683
Requesting authority to advertise with approval of plans and specifications developed by project architect Dannenbaum Engineering Company for Hidalgo County Precinct No. 4 -Building Repairs/Renovations, Additions and/or Alterations to Restitution Center at 1124 "M" Road in Edinburg, Texas. RFB No. 2013-234-08-07-MSS.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
2.
AI-39673
A. Pursuant to Texas Local Government Code, 263.151, discussion and approval to declare as "surplus"

     1) "Dickerson Pond" Drainage Improvement Project and real property including establishing of a total fair market value:
          _______________________________;

     2) "Aguilar Pond" Drainage Improvement Project and real property including establishing of a total fair market value:
         _______________________________;

B. Pursuant to Texas Local Government Code, 272.001 (b) acceptance and approval by Hidalgo County Commissioners Court evidenced by an "ORDER" authorizing the sale of certain property (as described in attachments herein) to Hidalgo County Drainage District No.1 for the amount approved as the Fair Market Value.

C. Requesting authority to remove said Property and Drainage Improvements from the Hidalgo County inventory/financial list after finalizing the sale of improvements and property.

NO ACTION taken on items 24.D.2. A, B & C.
 
E.
 
District Attorney
 
1.
AI-39490
a.  Requesting Exemption from Competitive Bidding Requirements under the Texas Local Government Code 262.024(a)(4), a professional service;
 
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

b.  Authority to enter into a negotiated professional services contract with Dr. Thomas G. Allen, Ph.D. for the provision as an expert in connection with death penalty prosecution cases.
 

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.
 
Facilities Management:
 
1.
AI-39579
Requesting modification request approval to Decrease PO #692410 in the amount of $30,929.21 from Herrera & Hunt, Inc. for Hidalgo County "Concrete Work & Water Line Improvements", proposed deduction will delete the installation of the Fire Line FDC to the Pct. #1 Constable Building as reviewed and approved by project engineer, Mr. Raul Sesin, P.E. (Project No. 2013-032-01-16).
 

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

Vote: 4 - 0 - Unanimously

 
2.
AI-39699
A. Acceptance and approval to increase original PO#680750 for Holchemont LTD. as approved by the Architect of record "Alcocer Garcia Associates" thru AIA Document G701-2001 Change Order #003 in the amount of $28,430.33 for change request as outlined in the Summary Of Change Order No. 3 to include but not limited to installation of Fire Line (FDC), installation of braceings to front porch and tile, for the continuation of construction at Pct. #1 Constable Building; and,  in addition;

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

B. Clarification of Betterment Allowance entry on previous request of AIA Document G701-2001 Change Order #002 erroneously reflected $3,313.89 and has been changed to $3,013.89 which is the corrected amount.
 

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

Attachments:
 
25.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

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

Vote: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-39598
Claim of Miguel A. Escaname
 
D.
AI-39593
CL-13-2016-D; Mario Herrera, III and Roxana Gonzalez v Hidalgo County and Eduardo Martinez
 
E.
AI-39689
Notice of claim regarding Paul William Lunholn Labude
 
F.
AI-39691
Hidalgo County v. Del Sol Construction
 
G.
AI-39687
C-1989-12-B; Domingo Gonzalez v. Elisandro Rodriguez, et al

NO ACTION taken on items 25.A through G.
 
26.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Commissioner Flores was not present during Open Session discussion.

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

Proceed as directed.
 
C.
AI-39599
Claim of Miguel A. Escaname
 

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 in the amount of $526.86.

Vote: 4 - 0

 
D.
AI-39595
CL-13-2016-D; Mario Herrera, III and Roxana Gonzalez v Hidalgo County and Eduardo Martinez

Refer to item 7.A.1 & 2.
 
E.
AI-39690
Notice of claim regarding Paul William Lunholn Labude
 

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 tender the deductible in the amount of $25,000 with the stipulation that the insurance carrier provide the County with the reconciliation or any expenses that fall within that deductible.
Commissioner Joseph Palacios Abstained.

Vote: 3 - 0

 
F.
AI-39692
Hidalgo County v. Del Sol Construction (Re: Palmview Headstart)

Assigning this claim to Mr. Rick Gonzalez, Attorney assigned to HeadStart.

The Court then referred to item 7.A.1 & 2 for the exemption.
 
G.
AI-39688
C-1989-12-B; Domingo Gonzalez v. Elisandro Rodriguez, et al

Proceed as directed.
 
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 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 17th day of July, 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 July 17, 2013.

Signed this    17th   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