Skip to main content

AgendaQuick™

Minutes for CC REGULAR

REGULAR MEETING - JULY 23, 2013

BE IT REMEMBERED, that on this 23rd day of July 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 JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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 23, 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, with the exception of Commissioner Flores.
 
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 discussed her Constitutional Rights, ownership of property, etc.
-Fern McClaugherty expressed concerns on the purchase/lease of various buildings in the County.
 
6.
 
County Judge's Office:
 
A.
AI-39510
Resolution in honor of Ignite High School Students Invention

Karina Cardoza read the Resolution into the Record.
 

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-39775
Resolution honoring Genesis Keren Nava

Karina Cardoza read the Resolution into the Record.
 

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:
 
C.
AI-39802
Discussion and possible action on Santana Textiles Tax Abatement agreement.

NO ACTION taken on this item.
 
D.
AI-39801
Update on future TxDot Commission Meeting

-Bobby Villareal informed the Court that the Texas Transportation Commission graciously accepted the County's invitation to conduct a meeting at the McAllen Convention Center on September 26, 2013.
-Mario Jorge provided the Court further details pertaining to the Texas Transportation Commission.
 
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 Claim of Leonarda Rodriguez-Serna.
Vote: 4 - 0


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

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve as it pertains to the Claim of Leonarda Rodriguez-Serna.

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-39629
Authority to allow County Clerk to utilize electronic version of agenda packet (exhibits) as originals for official minutes 

Valde Guerra, Executive Officer, asked the Court to "acknowledge the electronic version of all our documents...to be the official form of Minutes for Commissioners' Court". If approved, Mr. Guerra explained that he would come back to Court for clarification/approval.

Ray Eufracio, County Auditor, expressed concerns and explained that "sometimes the electronic version as, for example, a draft contract...so if you allow that to be the official record it's not an executed document that you can consider an official record".
 

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, subject to legal review.

Vote: 4 - 0 - Unanimously

 
D.
AI-39716
Tropical Texas Behavioral Health (1100):
1. Approval of payment to Tropical Texas Behavioral Health for FY 2013 county allocation of required local match in the amount of $700,663.00 plus $ 6,027.00 for Texas Dept. of Aging and Disability Services Contract - 2013; in accordance with Texas Health & Safety Code Section 534.066 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor

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

2. Approval of payment to Tropical Texas Behavioral Health for FY 2013 county allocation match in the amount of $159,333.00 for psychiatric emergency crisis services - DSHS Contract #2012-039599.002 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor
TOTAL PAYMENT AMOUNT $ 866,023.00
 

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

Attachments:
 
E.
AI-39760
Approval to accept settlement check from Fred Loya Insurance Agency in the amount of $16,743.89 to settle total loss auto accident with County vehicle. (Sheriff Office)
 

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

 
F.
AI-39772
Approval to accept settlement check from Fred Loya Insurance Company in the amount of $1,146.16 on behalf of Head Start to settle auto accident. (Head Start)
 

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

 
G.
AI-39788
Requesting approval to pay property taxes owed in the amount of $1,097.65 (Tax Acct. #M4010-00-002-0007-05) in connection with Elkins Property Purchase in the City of Weslaco, for the Constable Pct. 1 Building, in order to record the plat to obtain final clearance for utility service; with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor
 

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

 
H.
AI-39797
Executive Office:
Requesting approval to process payment of the following invoice as claim due to auditor concern regarding attendance list not being signed by attendees:
Vendor Invoice date/# PO #/ date Amount
D & M Coffee Company, Inc. 4/9/13 - #040913czdel 690645 - 4/8/13  230.78

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. 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:
 
8.
 
Sheriff's Office:
 
A.
AI-39564
Authorization and approval to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2011 grant extension and authorization for County Judge, as authorized official, to sign (and initial) required documents.
 

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-39709
DOJ-USMS (1284):
1. Approval of amendment  to overtime program agreement (M-13-D79-O-000774) between the United States Marshals Service (USMS) and the Hidalgo County Sheriff's Office reducing the award amount from $31,000.00 to $27,000.00.

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 unappropriate funds in the amount of $4,000.00 in order to comply with the amended overtime agreement as stated above.
 

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

 
C.
AI-39640
Presentation for discussion, consideration, and approval of a Memorandum Of Understanding (MOU) between the Federal Bureau of Investigation (FBI)--Safe Streets Task Force/Violent Crime Unit and the Hidalgo County Sheriff's 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:
 
D.
AI-39621
Authorization and approval to accept an eighteen (18) month no cost extension for the COPS Hiring Program (CHP) Grant.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
9.
 
District Attorney:
 
A.
AI-39805
DA- Border Prosec. Initiat. (1281)/ Bond Forfeit. Comm. (1100)/ HB 65 (1223):
1.  Approval to redistribute cost allocations as follows, effective March 11, 2013:

Position Title Slot
No.
Dept/
Program
Current
Cost Allocation
Distribution
(%)
Proposed
Cost Allocation
Distribution
(%)
Assistant District Attorney III 0001 Border Prosec. Initiat.
(080-012)
79.64% 100%
0018 Bond Forfeiture Comm.
(080-016)
20.36% -0-
Assistant District Attorney IV 0004 Border Prosec. Initiat.
(080-012)
90.68% 100%
0081 HB 65
(080-007)
9.32% -0-
 
2.  Approval of revised salary schedules.
 

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:
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Health Care Funding District:
 
1.
AI-39774
a.  Public Hearing to consider public comments concerning the amount of mandatory payments required to be paid by paying hospitals for fiscal year 2013 and how the revenue derived from those payments is to be spent.

Eddie Olivarez, Chief Administration Officer, informed the Court that  the nine (9) Hospitals to be impacted due to the SB 1623 are: Doctor's Hospital at Renaissance, Knapp Medical Center, Mission Regional Medical Center, Cornerstone Regional Hospital, LifeCare Hospital of South Texas, Weslaco Rehab Hospital, Solara Hospital McAllen, Rio Grande Regional Hospital and Edinburg Regional Hospital. He further clarified that .8255 is based on the maximum amount on draw down based on revenue. Discussion continued and Carlos Sefarini, Legal Counsel to the Hospitals, explained that statute requires that the dollars collected, as part of the mandatory payment rate, be seperate and apart from  the county funds so that they don't get co-mingled with the other funds.

-Judge Garcia opened the Public Hearing.
-Judge Garcia clarified that this is not a Taxing District.
-Virginia Townsend expressed concerns on whether or not the Health Care Funding District would become an indipendent entity and questioned who whould be handling the funds coming in.
-Mr. Seferini explained that this is statutorily a mandatory payment that that is assessed on the hospitals that operates somewhat like a tax and the county is entrusted with that in it's role as the Hidalgo County Health Care Funding District. Mr. Seferini then provided a brief history on the creation of the safety net hospitals were created, it's benefits, etc.
-Mr. Olivarez discussed various aspects of health care, funds,
-Commissioner H. Palacios asked  if there would be an impact on the amount of money the county is putting into the indigent health care.
Sergio Cruz, Budget Officer, replied there is "no impact on the current budget".
-Raul Silguero, Hidalgo County resident, questioned if this would provide additional coverage for indigent residents ir wether there would be a reduction in cost of services for individuals with insurance.

Mr. Olivarez for the Record: the law is very clear, 1623 is very clear, this is not...NOT part of the expansion  program or any way related to affordable care act or expansion.
 
-Fern McClaugherty asked if the County will we be hiring additional staff to manage these funds? Judge Garcia expressed that he did not feel that additional staff would be hired.
-There being no one else come forward for comments, Judge Garcia closed the Public Hearing.


b. Consideration and Possible Approval of mandatory payment to be assessed quarterly by the Hidalgo County Health Care Funding District on the net patient revenue of an institutional health care provider and how the revenue derived from those payments is to be spent.

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to set the current rate at .8255% of net revenue assessed.
Vote: 4 - 0


c. Consideration and Possible Approval for the Hidalgo County Tax Assessor/Collector to collect the mandatory payments required by Hidalgo County Health Care Funding District.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to authorize the Tax Assessor/Collector to collect the mandatory payments as required by the Hidalgo County Health Care District. 
Vote: 4 - 0


d. Consideration and approval to assess mandatory payment & set assessment date

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to asses the mandatory payment in the amount of $10,535.300 with an assessment date of July 23, 2013.
Vote: 4 - 0

e. Consideration and Possible Approval to designate Lone Star National Bank as the depository for the Hidalgo County Health Care Funding District.
 

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:
 
2.
AI-39792
a.  Discussion, consideration, and approval to drawdown $6,113,326.00, if available, to the County of Hidalgo Medicaid Supplemental Program Escrow Account for Indigent Health Care expenditures.

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

b.  Approval of Certification of Revenues as certified by the County Auditor for Demonstration Year 2 IGT drawdown.

NO ACTION taken on this item.

c.  Approval of 2013 appropriation of funds for Demonstration Year 2 IGT drawdown in the amount of $6,113,326.00.

NO ACTION taken on this item.
 
 
3.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

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

NO ACTION taken on this item.
 
C.
AI-39776
Approval of Memorandum of Agreement between Remote Area Medical Foundation and County of Hidalgo, Texas
 

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, subject to receipt & verification of insurances and correction of date to reflect July 23, 2013.

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
AI-39794
Requesting approval to submit amendment to renewal grant application for the TB Federal program for FY 14 in the amount of $148,732.00.  This grant amendment requires a twenty percent local funding match.
 

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:
 
11.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-39707
Requesting approval to process the following invoice as claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
VENDOR ACCOUNT # BILLING DATE AMOUNT OF INVOICE AMOUNT TO PAY
Verizon Wireless 442010695-00001 April-May $2,309.73 $2,309.73
 

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

 
12.
 
Emergency Management - Oscar Montoya:
 
A.
 
Status update on the Water Irrigation Allotment

NO ACTION taken on this item.
 
13.
 
IT Department - Renan Ramirez
 
A.
AI-39761
EMERGENCY MANAGEMENT:
Authorization and approval to purchase wireless service and equipment through the County's membership/participation with Contract: DIR-SDD-1779 with Verizon Wireless for the following:
 
Descrption: User: Service Plan: Equipment Total: MDN:
Cell Phone Deputy EMC America's Choice II 1000 Share Email&Data + N&W + TXT + IN UNL @ $74.98 + $5.00/taxes&fees = $79.98/mo X 5 (Aug.-Dec.2013) = $399.90 Apple iPhone5 4G LTE-16GB @ $199.99 (onetime charge)  956-328-9129 
Cell Phone Deputy EMC America's Choice II 1000 Share Email&Data + N&W + TXT + IN UNL @ $74.98 + $5.00/taxes&fees = $79.98/mo X 5 (Aug.-Dec.2013) = $399.90 Apple iPhone5 4G LTE-16GB @ $199.99 (onetime charge) 956-720-2165
Cell Phone Deputy EMC America's Choice II 1000 Share Email&Data + N&W + TXT + IN UNL @ $74.98 + $5.00/taxes&fees = $79.98/mo X 5 (Aug.-Dec.2013) = $399.90 Apple iPhone5 4G LTE-16GB @ $199.99 (onetime charge) 956-457-1080
Cell Phone EMC America's Choice II 1000 Share Email&Data + N&W + TXT + IN UNL @ $74.98 + $5.00/taxes&fees = $79.98/mo X 5 (Aug.-Dec.2013) = $399.90 Apple iPhone5 4G LTE-16GB @ $199.99 (onetime charge) 956-289-6549
Cell Phone Office Use America's Choice II 1000 Share Email&Data + N&W + TXT + IN UNL @ $74.98 + $5.00/taxes&fees = $79.98/mo X 5 (Aug.-Dec.2013) = $399.90  Apple iPhone5 4G LTE-16GB @ $199.99 (onetime charge) 956-227-5914
 

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:
 
14.
 
Urban County - Diana Serna:
 
A.
AI-39728
Resolution authorizing a $500,000 Revolving Line of Credit with Lone Star National Bank of Mcallen for the Urban County Program with authority for the UCP to draw from such line of credit.
 

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, subject to review & approval by Bond Counsel.

Vote: 3 - 0

 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-39779
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.

Commissioner H. Palacios stepped away from the Court.
 

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 15.A.1 & 2.

Vote: 3 - 0 - Unanimously

 
16.
 
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-39581
Public Defenders Department – Juvenile Section (1282):
Discussion, consideration, and approval to apply for additional funding for FY2014 Discretionary Grant due to availability of state funds with authority for the County Judge to submit budget request.
 

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: 3 - 0 - Unanimously

 
17.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-39767
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 No. Vendor Amount Account No.
05/01/2013 22192936 ASG Security $26.50 3-1200-431-00-121-005-0-413
06/01/2013 22351931 ASG Security $26.50 3-1200-431-00-121-005-0-413
07/01/2013 22510170 ASG Security $23.45 3-1100-452-00-121-013-0-413
07/01/2013 22510169 ASG Security $26.50 3-1200-431-00-121-004-0-413
07/01/2013 22510168 ASG Security $26.50 3-1200-431-00-121-005-0-413

 

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: 3 - 0 - Unanimously

 
B.
AI-39727
1. Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between County of Willacy and County of Hidalgo for the completion of a bridge expansion along H W County Line Road (A.K.A. 1st Street, County Road 333).

2. Acceptance and approval of the Interlocal Cooperation Agreement Project pursuant to the approval of the Interlocal Agreement as stated above.
 

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 17.B.1 & 2.

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-39715
Requesting approval of Amendment to Interlocal Cooperation Agreement between City of Alamo, City of San Juan and County of Hidalgo for the Ridge Road (S. Cesar Chavez to S. Alamo Rd.) 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: 3 - 0 - Unanimously

Attachments:
 
18.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-39645
Discussion, consideration, and approval to purchase a tract of land known as Parcel 4 for the Thomas Road Project.

This item was discussed during Executive Session.
 

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 settlement demand in the amount of $43,150.00.

Vote: 4 - 0 - Unanimously

 
19.
 
Precinct #3 - Comm. Flores:
 
A.
AI-39682
Requesting approval to name a road located approximately 8 3/4 miles N. Brushline Road as Elisa ST.

Valde Guerra for the Record: I will confirm that it has been cleared for 911 services.
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-39712
Requesting approval of 2013 appropriation of funds from Precinct #3 fund balance into Precinct #3 BCAP Randolph Barnett #1(program 600) in the amount of $92.32.
 

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: 3 - 0 - Unanimously

Attachments:
 
C.
AI-39753
Right of Way:
Authorization to accept Right of Way Donation Deed from Sharyland ISD for 6 1/4 Line Rd. Project.
 

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: 3 - 0 - Unanimously

 
20.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-39636
Approval of Interlocal Cooperation Agreement between County of Hidalgo and City of McAllen - (Ware Rd. improvements from 3 Mile Line northward to 5 Mile Line)

Commissioner H. Palacios joined the meeting.
 

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

Vote: 4 - 0

 
21.
 
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-39544
Acceptance and approval of an "Amendment" to current Benefits Agreement (contract #C-12-108-03-31) with Air Evac Lifeteam and County of Hidalgo (for post tax product forelecting HC employees) regarding clarification as to Service Enrollment and Administrative Fees.
 

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-39218
Presentation of low bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County Urban County Program - "Lease of Office Space for Urban County" through project No.: 2013-177-06-12-SGS.
 

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 Triple R Medical Facilities of Alamo@ $1.15 per square foot.

Vote: 4 - 0 - Unanimously

 
B.
 
Pct. 1
 
1.
AI-39602
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 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. 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 geo-technical services providers "on call " for Pct No. 1;
   
Evaluators MEG Engineering Terracon PSI, Inc
Evaluator 87 86 82
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 to rank in the order of their scores.
Vote: 4 - 0

C. Authority for the Purchasing Department to negotiate a professional geo-technical services contract with the No. 1 ranked firm of       MEG Engineering      for: "on call" services for Pct No. 1.
 

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:
 
C.
 
Pct. 3
 
1.
AI-39571
Pursuant to Texas Local Government code, 263.151 (1) approval to declare as "Salvage Property", for the purpose of destruction/demolition, a metal structure, aka, Motor Pool/Storage Building, located at 8310 west Mile 7 Rd, Mission, TX. in Hidalgo County Precinct No #3  inasmuch as building has been deemed unsafe, including removing same item from the Hidalgo County (Pct. #3) inventory.
 

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

 
D.
 
Pct. 4
 
1.
AI-39807
A. 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. 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 21.D.1.A, B & C.
 
 
E.
 
HIDTA
 
1.
AI-39545
a.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code, 262.024 (a) (7) (A);

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

b. Acceptance and approval of a "Sole Source Declaration" with Cardinal Tracking Inc. and authority to purchase the continuation of the "Software License Agreement and Total System Support Service"with said sole source designation remaining in effect as long as HIDTA possesses and utilizes the hardware and software commencing 10-01-2013.
 

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: 4 - 0

 
F.
 
Health & Human Services Dept.
 
1.
AI-39618
Acceptance and approval to award the proposal received in the amount of $17,183.23 from Herrera and Hunt, Inc., awarded Job Order Contractor through County's participation with Choice Facility Partners for the project titled:  Hidalgo County "Replacement of negative pressure HEPA filtration Units in Four (4) Rooms and One (1) Transport Vehicle". 
 

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-39184
Presentation of bid received as detailed in tabulation sheet contained herein meeting all specifications for the purpose of award and approval of contract for  Request for Sealed Quotes titled: Hidalgo County Health & Human Services Department- "Mosquito Control Chemicals" through project No.: 2013-076-04-26-SGS.
 

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 Adapco.

Vote: 4 - 0

 
G.
 
Budget & Management
 
1.
AI-39785
Requesting authority to advertise a Request for Proposals for the project titled: RFP-Solid Waste Collection Services for Hidalgo County including approval of the procurement packet with  the Hon. S. Crain, Atlas/Hall & Rodriguez to approve any final adjustments necessary related to legal form only prior to publication and release of packes.

NO ACTION taken on this item.
Attachments:
 
H.
 
Sheriff's Office
 
1.
AI-39653
a. Approval of Architect's Supplemental Instructions No. 3 (funded from the Allowances/Contingency) in the amount of $17,623.00, to contractor D. Wilson Construction Co., in connection with the "Sheriff's Office Substation in the Pct. 1 Area."C-11-032-12-13.

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. Requesting approval of Change Order (reduction) No. 1 in connection with the "Construction of the Sheriff's Office Substation in the Precinct No. 1 Area," in the amount of ($17,455.92) from contracted vendor, D. Wilson construction, Inc., and as recommended by project architect, Gignac Architects LLP, with authority for County Judge to execute document. C-11-032-01-20.

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 of Request for Payment-Application No. 14 in the amount of $16,741.85 from D. Wilson Construction Co. awarded contractor for the, "Construction of the Sheriff's Office Substation in the Pct. 1 Area", and as certified for payment by project architect, Gignac Architects, LLP. C-11-032-01-20.

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

d. Approval of Request for Payment Application No. Final (Retainage) in the amount of $881.16 from D. Wilson construction Co. awarded contractor for the "Construction of the Sheriff's Office Substation in the Pct 1. Area," and as certified for payment by project architect, Gignac Architects, LLP. C-11-032-01-20
 

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, subject to receipt of certification indicating that the materials are asbestos free.

Vote: 4 - 0

 
22.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

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

Vote: 4 - 0

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-39790
Claim of Leonarda Rodriguez-Serna

NO ACTION taken on items 22.A, B & C.
 
23.
 
Open Session:

The Court proceeded with #18 prior to continuing with the remainder of the Agenda.
 
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-39791
Claim of Leonarda Rodriguez-Serna

Refer to item 7.A.1 & 2.
 
24.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
25.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
26.
 
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 23rd 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 23, 2013.

Signed this    25th    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