Skip to main content

AgendaQuick™

Minutes for CC REGULAR

SPECIAL MEETING - August 27, 2013

BE IT REMEMBERED, that on this 27th day of August 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

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
August 27, 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 with the exception of Commissioner Joe 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

-Fern McClaugherty expressed that there should be someone of another Governmental Party be acknowledged next week.
-Opal Billman spoke in regards to buildings being built on her private property. She is requesting a land survey of her property.
-Dagoberto Chavez, State Investigator from the Texas Attorney Generals' Office, presented tokens of appreciation to the Constables of Precinct 2 and Precinct 4 for their cooperation with the Attorney Generals' Office.
-Bryan Winton, manager of Lower RGV National Wildlife Refuge, presented a refuge revenue check to the County in the amount of $94,026 on behalf of the U.S. Government.
 
6.
 
County Judge's Office:
 
A.
AI-40282
Resolution in Honor of Eden Ramirez Jr.

Mr. Eden Ramirez, Jr. has been elected as President of the National Hispanic Caucus for Young Democrates of America and therefore, being recognized for this honorable National Post.  He will be addressing issues that affect Hispanic youth, such as immigration, "Dream Act", and voting rights.
 

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

 
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 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. Requesting engagement with the firm of ATLAS, HALL & RODRIGUEZ 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. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval as it pertains to item 22.E.

Vote: 4 - 0 - Unanimously

 
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 on items 7.B.1, 7.B.2, and 7.B.3.
 
C.
AI-40308
Approval to accept settlement check from State Farm Insurance Company in the amount of $48.75 to settle 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

 
D.
AI-40307
Approval to accept settlement check from T & D Solutions, LLC in the amount of $4,420.00 to settle County property damages. (Precinct 2)
 

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

 
E.
AI-40312
1.  Discussion, consideration and possible approval of the proposal from Montalvo Insurance Agency to extend the Professional Liability Insurance coverage to include the Juvenile Probation Department Infirmary for the remainder of 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.

Vote: 4 - 0 Unanimously

2.  Subsequent to item 1 being approved is the request for approval for the Executive Officer to sign as needed on the application prior to submission back to Montalvo Insurance.

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

Vote: 4 - 0 Unanimously

Commissioner Hector "Tito" Palacios stepped out.

3.  Request for the approval of payment of the proposed insurance premium for the adjusted coverage with approval for the Auditor's Office to issue payment once audit procedures have been finalized.
 

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

Attachments:
 
F.
AI-40361
Consideration and Approval of an Order regulating parking in county owned lots and providing for towing and storage of unauthorized parked vehicles

Commissioner Hector "Tito" Palacios joined the meeting.
 

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:
 
8.
 
Constables:
 
A.
AI-40354
Const. Pct #1 - LBSP (1284):
1.  Authorization and approval to accept a grant amendment (additional funding) and to accept an extension for the 2013 Local Border Security Program (LBSP) grant through February 28, 2014.
2.  Authorization to pay Overtime reimbursable under the grant terms and conditions
3.  Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY 2013 (LBSP-13)
4.  Approval to appropriate additional funds from the LBSP FY13 grant award in the amount of $10,000.00. New total award amount of $45,000.00.
 

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 on items 1,2,3, and 4.

Vote: 4 - 0

 
B.
AI-40362
Const. Pct #1 - LBSP (1284):
Approval to accept an extension for the 2012 Local Border Security Program (LBSP) grant through February 28, 2014
 

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-40363
Const. Pct #3 - LBSP (1284):
Authorization and approval to accept an extension for the 2012 Local Border Security Program (LBSP) grant through February 28, 2014.
 

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

 
D.
AI-40364
Const. Pct #3 – LBSP (1284):
1. Authorization and approval to accept an extension for the 2013 Local Border Security Program (LBSP) grant through February 28, 2014.
 

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:
 
E.
AI-40374
Const. Pct #4 – LBSP (1284):
Approval to accept an extension for the 2012 Local Border Security Program (LBSP) grant through February 28, 2014.
 

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:
 
F.
AI-40377
Const. Pct #4 - LBSP (1284):
1. Authorization and approval to accept a grant amendment (additional funding) and to accept an extension for the 2013 Local Border Security Program (LBSP) grant through February 28, 2014.
2. Authorization to pay Overtime reimbursable under the grant terms and conditions.
3. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY 2013 (LBSP-13)
4. Approval to appropriate additional funds from the LBSP FY13 grant award in the amount of $40,000. New total award of $80,000.00
 

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 on items 1,2,3, and 4.

Vote: 4 - 0 - Unanimously

 
9.
 
Sheriff's Office:
 
A.
AI-40156
Approval to process the following AT&T invoice as claims with authority for County Treasurer to issue a check after auditing procedures are completed by County Auditor.
Account Number: Billing Date: Amount:
512-151-5019-861-4 8-1-2013 $6,379.10
 
 

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

 
10.
 
District Clerk - Laura Hinojosa:
 
A.
AI-40216
Discussion, consideration and approval of an updated District Court Records Technology Fund Plan - Preservation and Archive Fee in the amount of $10 per applicable filing, in accordance with Subchapter D, Chapter 51, Texas Government Code, Section 51.305 and HB 1513

NO ACTION taken on this item.
 
11.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-39944
Approval of Business Associate Agreement between South Texas Health System and Hidalgo County Health and Human 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: 4 - 0 - Unanimously

Attachments:
 
B.
AI-40172
Pursuant to Chapter 121 Local Public Health Reorganization Act; Sec.121.006, requesting approval of the Full-Pay Schedule of Fees to be effective 09/01/13. 
 

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

 
C.
AI-40214
RLSS / LPHS (1293):
1.  Requesting approval to accept the RLSS/LPHS RLSS/Local Public Health System grant contract #2014-001052-00 in the amount of $102,403.00 for the period of 09/01/2013 to 08/31/2014. 
2.  Requesting approval for County Judge to e-sign the RLSS / LPHS contract.
3.  Requesting approval for County Judge to e-sign the Certification Regarding Lobbying statement.
4.  Requesting approval for County Judge to e-sign the Certification Regarding Professional Services Contractors Not Hiring Former or Retired State Agency Employees statement.
5.  Requesting approval for County Judge to e-sign the Child Support Certification statement.
6.  Requesting approval for County Judge to e-sign the Fiscal Federal Funding Accountability and Transparency Act Certification statement.
7.  Requesting approval of the Certification of Revenue in the amount of $102,403.00.  
8.  Requesting approval of the budget appropriation in the amount of $102,403.00.
9.  Requesting approval of the salary schedule.

      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 on items 1-9.

     Vote:
4 - 0 - Unanimously

T.B. Control -State (1293):
1.  Requesting approval to accept the TB/PC-State Tuberculosis Prevention and Control grant contract #2014-001417-00 in the amount of $664,963.00 for the period of 09/01/2013 to 08/31/2014.
2.  Requesting approval for County Judge to e-sign the TB/PC-State contract. 
3.  Requesting approval for County Judge to e-sign the Certification Regarding Lobbying statement.
4.  Requesting approval for County Judge to e-sign the Fiscal Federal Funding Accountability and Transparency Act Certification statement.
5.  Requesting approval of the Certification of Revenue in the amount of 664,963.00. 
6.  Requesting approval of the budget appropriation in the amount of $664,963.00 from state funds and in the amount of $169,218.00 from local match.   

     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 on items 1-6.

     Vote: 4 -0 - Unanimously

7.  Requesting approval of the following personnel actions to be effective 09/01/2013: 

Action Slot No. Position Title Proposed Salary
Create G011 Licenses Vocational Nurse III $48,149.00
Create G012 Clerk III $26,014.00
Create G013 TB Outreach Worker / Medical Assistant $29,656.00

8.  Requesting approval of the salary schedule.

     NO ACTION taken on items 7 and 8.

Commissioner Hector "Tito" Palacios stepped out.

T.B. Elimination- Federal (1293): 
1.  Requesting approval to accept the TB/PC-FED Tuberculosis Prevention and Control grant contract #2014-001400-00 in the amount of $279,480.00 for the period of 09/01/2013 to 08/31/2014.
2.  Requesting approval for County Judge to e-sign the TB/PC-Federal contract.
3.  Requesting approval for County Judge to e-sign the Certification Regarding Lobbying statement.
4.  Requesting approval for County Judge to e-sign the Fiscal Federal Funding Accountability and Transparency Act Certification statement.  
5.  Requesting approval of the Certification of Revenue in the amount of $279,480.00.
6.  Requesting approval of the budget appropriation in the amount of $279,480.00 from federal funds and in the amount of $91,746.00 from local match.
7.  Requesting approval of the 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 of approval on items 1-7.

     Vote: 3 - 0 Unanimously

Immunization Branch (1293): 
IMM/LOCALS Immunization Branch-Locals grant
1.  Requesting approval to accept the IMM/LOCALS Immunization Branch-Locals grant contract #2014-000022-00 in the amount of $649,320.00 for the period of 09/01/2013 to 08/31/2014. 
2.  Requesting approval for County Judge to e-sign the IMM/Locals grant contract.
3.  Requesting approval for County Judge to e-sign the Certification Regarding Lobbying statement.
4.  Requesting approval for County Judge to e-sign the Fiscal Federal Funding Accountability and Transparency Act Certification statement.
5.  Requesting approval of the Certification of Revenue in the amount of $649,320.00.  
6.  Requesting approval of the budget appropriation in the amount of $649,320.00. 

     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 on items 1-6.

     Vote: 3 - 0 Unanimously

Immunization Program Income
1.  Requesting approval of the Certification of Revenue in the amount of $125,000.00 for the Immunization program income.
2.  Requesting approval of the budget appropriation in the amount of $125,000.00.
3.  Requesting approval of the 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 of approval on items 1, 2, and 3.

     Vote: 3 - 0 Unanimously

 
CPS/HAZARDS-PHEP (1293):
1.  Requesting approval to accept the CPS/HAZARDS Public Health Emergency Preparedness grant contract #2014-001134-00 in the amount of $587,198.00 for the period of 09/01/2013 to 08/31/2014. 
2.  Requesting approval for County Judge to e-sign the CPS/HAZARDS-PHEP grant contract.
3.  Requesting approval for County Judge to e-sign the Certification Regarding Lobbying statement.
4.  Requesting approval for County Judge to e-sign the Fiscal Federal Funding Accountability and Transparency Act Certification statement.
5.  Requesting approval of the Certification of Revenue in the amount of $587,198.00. 
6.  Requesting approval of the budget appropriation in the amount of $587,198.00 from state funds and in the amount of $58,719.00 from local match.
7.  Requesting approval of the salary schedule.
 

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 on items 1-7.

Vote: 3 - 0

 
D.
AI-40215
Requesting approval to process the following invoice as a claim with authority for County Treasurer to issue a check after auditing procedures are completed by County Auditor.
Vendor Account No. Billing Date Amount
Verizon 10-5492-2863047639-10 08/01/13 $295.98
    Total $295.98
 

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:
 
E.
AI-40254
Requesting approval for Hidalgo County Treasurer's Office / Payroll Division to continue payroll for employees currently paid from the Title V Child Health & Prenatal grant contracts which will end on 08/31/13.  This request is to continue payroll from 09/01/13 until the FY 14 Title V Child Health & Prenatal grant contracts are received and accepted by Commissioner's Court. 
 

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:
 
F.
AI-40297
Requesting approval to accept the Interlocal Agreement with the University of Texas-Pan American.  The purpose of the Agreement is to have UTPA assist with administering a $500 scholarship funded by the Office of Border Health 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: 3 - 0 - Unanimously

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

NO ACTION taken on this item.
 
H.
 
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.
 
12.
 
Emergency Management - Oscar Montoya:
 
A.
 
Status update on the Water Irrigation Allotment

NO ACTION taken on this item.
 
13.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-40184
Approval to process the following AT&T invoices as claims with authority for the County Treasurer to issue payment/check after auditing procedures are completed by County Auditor.

Vendor Account No. Billing Date Amount
AT&T 956-381-0444-7233 6/9/13 176.51
AT&T 956-381-0444-7233 7/9/13 171.01
    Total 347.52
 

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

 
14.
 
Urban County - Diana Serna:
 
A.
AI-40205
Requesting approval of a Program Amendment for City of Mercedes Year 25 (2012) Urban County Program workplan. The proposed amendment will add sanitary sewer improvements to the already approved water/sewer improvements activity funding in the amount of $76,987.00. There will be no budgetary changes.
 

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-40209
1. Urban County Program is requesting that Hidalgo County Commissioner's Court rescind action taken on July 9, 2013 which approved a best and final regotiated contract for professional architectural services with Alcocer Garcia Associated, In. in the amount of $6,400.00 utilizing Year 25 (2012) Urban County funds for public facility improvements at the city's Public Library located at 1100 South FM 1427 in Penitas, Texas.

At this time, Commissioner Hector "Tito" Palacios joined the meeting.

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

     Vote: 4 - 0 Unanimously

2. Urban County Program,on behalf of the City of Penitas, is requesting approval of a best and final negotiated contract for professional architectural services with Alcocer Garcia Associates,Inc. with an edited statement concerning the Texas Board of Architectural Examiners in the amount of $6,400.00 utilizing Year 25 (2012) Urban County funds for public facility improvements at the city's Public Library located at 1100 South FM 1427 in Penitas, 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.

Vote: 4 - 0

Attachments:
 
C.
AI-40295
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) a professional service;

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

     Vote: 4 - 0 Unanimously

2. Presentation of the scoring grid for the purpose of ranking by County Commissioners Court of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the City of Alamo, Urban County Program, and Hidalgo County Purchasing Department in connection with and funded through the Texas Department of Agriculture (TDA) Texas Community Development Block Grant (TxCDBG) Program for the 2013 Colonia Economically Distressed Areas Program (CEDAP) Contract No. 713005 – Rehabilitation: Single-Unit Sewer Services project for colonias within the City of Alamo’s Extraterritorial Jurisdiction (ETJ).
 
Review Appraisal Services Grade Ranked
Quintanilla, Headley & Associates, Inc 97.67  1
R. Gutierrez Engineering 96.34  2
R.E. Garcia & Associates 90  3

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. Authority to negotiate a professional service contract with the No. 1 ranked firm
Quintanilla, Headley & Associates, Inc.  for a TDA TxCDBG 2013 CEDAP – Rehabilitation: Single-Unit Sewer Service project within the City of Alamo’s ETJ.
 

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:
 
D.
AI-40314
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 1’s proposed budget and program amendment for Fiscal Years 23, 24 & 25 (2010, 2011 & 2012) original work plans and forfeited funds for a Street Improvements activity that will include additional locations (Victoria Rd and Old La Blanca Road) and project description.

Judge Garcia opened the Public Hearing.

There were no comments from the Public; therefore, Judge Garcia closed the Public Hearing.

2. Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 1. The proposed budget and program amendment for Fiscal Years 21, 22, 23, 24 & 25 (2008, 2009, 2010, 2011 & 2012) original work plans and forfeited funds for a Street Improvements activity that will include additional locations (Victoria Rd and Old La Blanca Road) and project description.
 

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

 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-40203
Update regarding Texas Voter ID law/requirements.

Various forms have changed in the voting procedures and picture ID's are now required to vote.  If a person does not have proper ID, they will be given a provisional ballot in which they will have six days after the election to follow up with an acceptable form of picture ID with the Elections Department, otherwise their ballot will not be counted. 
 
B.
AI-40189
Approval of Full Contract for Election Services between Hidalgo County and the Edcouch-Elsa Independent School District for their election to be held on September 14, 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.

Vote: 4 - 0 - Unanimously

 
C.
AI-40190
Approval of Lease Contract for Election Services between Hidalgo County and the La Villa Independent School District for their election to be held on September 14, 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.

Vote: 4 - 0 - Unanimously

 
16.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-40277
1.  Approval of 2013 Certification of New Sources of Revenue

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.  Presentation of 2014 Statement of Estimated Available Resources.
Attachments:
 
17.
 
Precinct #3 - Comm. Flores:
 
A.
AI-39995
1.  Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between the Cities of Mission, City of McAllen, and the County of Hidalgo for the improvements to Taylor Road from US 83 Expressway North to 1300 ft North of Dove.

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 of approval.

Vote: 4 - 0 - Unanimously

 
18.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-40304
Consideration and Approval to purchase a certain tract of land also known as Parcels 15 for the Trenton Drainage Project (Pct.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

 
19.
 
Budget & Management - Sergio Cruz:
 
A.
AI-40389
Hold Public Hearing to consider public input and commentary regarding the proposed Hidalgo County franchised rural solid waste collection program.

Judge Garcia opened the Public Hearing and opened the floor for discussion.

Abraham Quiroga, partner in Quality Waste Mangament Company of Edinburg, expressed his ideas to the Court and Audience in response.  He would like to provide his input to the County in efforts to make waste management available and affordable for all consituents in Hidalgo County. 

Virginia Townsend commented that she would like for the County to have a local vendor provide the services versus a large corporation.

With no further comments, Judge Garcia closed the Public Hearing.
 
B.
 
Budget Appropriations:
 
1.
AI-40387
2013 CW Adm. (1200):
Approval of 2013 unappropriation of funds from CW Adm.-Contingency, program #030, in the amount of $30,989.90. 
 

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

Vote: 4 - 0 - Unanimously

 
C.
AI-40388
Discussion and consideration of the funding request to purchase Odyssey Software Session Works Judge’s Edition for civil cases necessary to accommodate the Supreme Court mandated transition to electronic filing.

NO ACTION taken on this item. 
 
D.
AI-40386
FY 2012 JAG Grant (1282):
Requesting approval to reclassify salaries and fringe benefit expenditures of one (1) Bailiff position, slot no. G002 to general fund for the period of January 01, 2013 through the end of grant award on August 31, 2013.
 

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:
 
20.
 
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.
 
Adult Probation:
 
1.
AI-40292
Acceptance and approval of Interlocal Lease Agreement between County of Hidalgo and Community Supervision and Corrections Department with direction of the following including but not limited to;

1.  Term of Agreement (Mr. Arnold Patrick, Director of CSCD, agrees to the 10 year term with a 10 year renewal term as historically done in the past).

2.  Commissioners Court consideration to waive the monthly lease fees as granted on May 31, 2011 to date.

3.  Setting of the monthly payment of lease fees as follow:
     
      A.  $___________Monthly Lease Fees
      B.  $___________Maintenance Fees (Upkeep and repairs to leased premises).

Marty Salazar expressed her concern over the Bootcamp Building the County currently lends out to the State.  They will revisit the item in the near future.

NO ACTION was taken on items 1, 2, and 3. 
Attachments:
 
B.
 
Pct. 1
 
1.
AI-40206
Acceptance and approval of a "Professional Engineering Services" agreement as reviewed and approved as to form by legal with Millennium Engineers Group, Inc. for provision of "Geo-Technical Services (On Call On As Needed Basis) for projects located within Hidalgo County Precinct One with assigned contract number C-13-243-08-27.
 

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

 
C.
 
Pct. 4
 
1.
AI-40276
A.  Correction to AI-38110 (approved by CC on 04/16/13) to include, Pursuant to Article 14 of the current agreement-C-13-098-04-16 and WA#1, Halff Associates, Inc. is requesting approval to engage the services of sub-consultant (Prodigy) with adherence to insurance provisions required by said article;

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.  Requesting acceptance and approval of Supplemental Agreement No. 1 to Work Authorization No. 1 as submitted by HALFF ASSOCIATES, INC., due to additional services/timeline to the project increasing in the amount by $935.00, with revised total cost amount of $ 6,935.00, for the purposes of "engineering services" for "Job Specific" Project: (US 281 and SH 186 LINN - SAN MANUEL BEAUTIFICATION PROJECT) in connection to agreement #C-13-098-04-16 located within Precinct No. 4.
 

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

 
D.
 
Sheriff's Office
 
1.
AI-40160
A. Requesting approval to rescind action taken by Commissioners' Court on 08/06/13 AI-39934 for "Polygraph Examiner"  due to vendor not being in compliance with requirements.

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

Vote: 4 - 0 Unanimously

B. Presentation of next lowest amount received through Request For Sealed Quotes (RFSQ) as detailed in tabulation sheet contained herein, meeting all specifications and/or requirements for the purpose of award and approval of an open/blanket Purchase Order to expire on December 31, 2013 for project titled: Hidalgo County-"Polygraph Examiner"-project No.: 2013-231-07-31-MEG
 

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

 
21.
 
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 move into Executive Session.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-40349
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Fresh - Tax Abatement.
 
D.
AI-40380
CL-13-2609-G; Jose M. Moncada v. Judge Ismael Ochoa, J.P. Pct, 3, Pl. 2, Daisy Zarape, Court Coordinator, JP 3,2
 
E.
AI-40382
C-5115-13-B; Jose Ruben Balli v. Hidalgo County Sheriff's Department, a subdivision of Hidalgo County, Texas, a political subdivision of the State of Texas
 
F.
AI-40351
Claim of Eluterio Puente
 
G.
AI-40375
Claim of Lizandra Ortega

NO ACTION was taken on items 21.A - 21.G.
 
22.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

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

NO ACTION taken on this item.
 
C.
AI-40350
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Fresh - Tax Abatement.

NO ACTION taken on this item.
 
D.
AI-40381
CL-13-2609-G; Jose M. Moncada v. Judge Ismael Ochoa, J.P. Pct, 3, Pl. 2, Daisy Zarape, Court Coordinator, JP 3,2

Valde Guerra stated, for the record, that it would be facilitated by Josie Ramirez's office at the D.A.'s Office.
 
E.
AI-40383
C-5115-13-B; Jose Ruben Balli v. Hidalgo County Sheriff's Department, a subdivision of Hidalgo County, Texas, a political subdivision of the State of Texas

Refer to Item 7.A.1 & 2.
 
F.
AI-40352
Claim of Eluterio Puente
 

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 offer a settlement of $210.00.

Vote: 4 - 0

 
G.
AI-40376
Claim of Lizandra Ortega
 

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 offer a settlement of $962.02.

Vote: 4 - 0 - Unanimously

 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
24.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
25.
 
Adjourn
 

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

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 27th day of August, 2013

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


By: ______________________________
Virginia Jones, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on August 27, 2013.

Signed this 27th day of August, 2013




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


By: ____________________________
(Seal) Virginia Jones, Deputy