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Minutes for CC REGULAR

SPECIAL MEETING - September 11, 2013

BE IT REMEMBERED, that on this 11th day of September 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-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
September 11, 2013
1:00 P.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 Commissioners' Courtroom of the Administration Building, 100 E. Cano, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

All members of the Court were counted present.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

The Court moved to approved the Consent Agenda.

At this time, the Court heard item 21.A.
 
5.
 
Open Forum

- Fern McClaugherty expressed her concern over the discussions in regards to increasing taxes in different entities of the County.

- Opal Billman reminded the Court that she was falsely imprisoned and has not been awarded the community property she feels should be hers.
 
6.
 
County Judge's Office:
 
A.
AI-40329
Resolution of Support for South Texas College Bond and Maintenance Election November 3, 2013
 

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: 5 - 0 - Unanimously

Attachments:
 
B.
AI-40569
Authorization for County Judge to submit letter of invite to Remote Area Medical Foundation requesting their services in Hidalgo County during Operation LoneStar in July 2014

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

Vote: 5 - 0 Unanimously

At this time, the Court heard item 17.B.
Attachments:
 
C.
AI-40581
Consideration and approval of rental contract for public facility between City of Edinburg and County of Hidalgo for use of City Auditorium on September 15, 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: 5 - 0 - Unanimously

Attachments:
 
D.
AI-40435
Discussion and approval of division of salvage material through the TxDot County Assistance Program Allocation for FY 2014.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
E.
AI-40578
JB-Juvenile Accountability Incentive Block Grants:
1. Approval to accept FY 2014 JAIBG "Early Intervention Counseling Program" Grant Award Number: JB-12-XXX-24529-03 in the amount of $22,648.00 plus local match of $2,516.44 for a total amount of $25,164.44 for the period of 9/1/13 to 8/31/14

On motion by COMMISSIONER PCT.2, HECTOR "TITO" PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 Unanimously

2. Approval of certification of revenues as certified by County Auditor for the JAIBG "Early Intervention Counseling Program"

On motion by COMMISSIONER PCT. 2, HECTOR "TITO" PALACIOS, seconded by COMMISSIONER, PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 Unanimously

3. Approval to appropriate grant funds in the amount of $25,164.44 for the period of 9/1/13 to 8/31/14.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER, PCT. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 Unanimously
Attachments:
 
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 as it pertains to Item 24.E.

Vote: 5 - 0 Unanimously

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 as it pertains to Item 24.G.

Vote: 5 - 0 Unanimously

2. Requesting engagement with the firm of GUERRA, LEEDS, ZABO & HERNANDEZ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

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 as it pertains to Item 24.E - C-4507-13-F; Reynaldo Ybarra v. County of Hidalgo.


Vote: 5 - 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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to Item 24.G - Claim of Joel Alvarez.

Vote: 5 - 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

NO ACTION taken on items 1 & 2.

3) Emergency situations occurring since last agenda meeting

Marty Salazar informed the Court of a vendor who will be ending a contract in which she will have more information on later. The vendor has yet to provide written notice.
 
C.
AI-40532
Approval of and authorization for County Judge to sign Certificate of County Judge of Hidalgo County, Texas relating to Education Revenue Bond Series 2013 of IDEA Public Schools
 

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

Vote: 5 - 0 - Unanimously

 
D.
AI-40607
Discussion, consideration and action on Commuter Rail District Projects

Mr. Jim Edge, Chairman Commuter Rail District, informed the Court that the Feasiblility Study does reflect feasibility for our County. He stated the public transit could work together; bus lines and rail lines, but  that currently the bus lines do not have coordination of routes and overlap each other.  Judge Garcia asked to have State Representative Armando Martinez make an appearance at a meeting in order to clear some issues. Virginia Townsend stated to the Court that the bus lines are what the County and the Valley need. She implored to the Court not to spend more money on another feasibility study.

NO ACTION taken on this item.

At this time, Commissioner Hector "Tito" Palacios and Commissioner Joseph Palacios stepped out.
 
8.
 
County Treasurer - Norma Garcia:
 
A.
AI-40550
Approval of Hidalgo County Investment Policy
 

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

Vote: 3 - 0 - Unanimously

 
9.
 
County Clerk - Arturo Guajardo, Jr.:
 
A.
AI-40611
As enacted by the Texas Legislature during the 83rd Regular Session HB2302 the County Clerk's Office is requesting approval to implement a $2.00 electronic filing transaction fee to take effect on September 17, 2013

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

Vote: 3 - 0 Unanimously

At this time, Commissioner Hector "Tito" Palacios joined the meeting.
Attachments:
 
10.
 
Sheriff's Office:
 
A.
AI-40384
1. Discussion, authorization, and approval to execute the Operation Stonegarden Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management (Texas Department of Public Safety) between the County of Hidalgo and the City Police Departments of Alamo, Donna, Edinburg, Hidalgo, La Joya, Mercedes, Mission, Palmview, Penitas, Pharr, San Juan, and Weslaco (12).

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

Vote: 4 - 0 Unanimously

2. Sheriff Office 2012 Operation Stonegarden Grant (1284):
Approval to appropriate the following city budgets for awarded amounts pursuant to sub-recipient interlocal agreements with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management (Texas Department of Public Safety):

 

City of
1st. Tactical Phase
1  Alamo 22,938.57
2  Donna 10,616.34
3  Edinburg 39,576.77
4  Hidalgo 111,488.45
5  La Joya 5,114.41
6  Mercedes 30,795.25
7  Mission 138,546.37
8  Palmview 9,835.48
9  Penitas 7,072.35
10  Pharr 78,516.71
11  San Juan 42,567.96
12  Weslaco 55,629.64
  Total 552,698.30

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


 
11.
 
District Clerk - Laura Hinojosa:
 
A.
AI-40457
Discussion, consideration and approval of the Government Code Statewide Electronic Filing System Fund Fee of $2 per electronic filing, in accordance with Subchapter C, Chapter 72, Texas Government Code , Section 72.031 and HB 2302.
 

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

Vote: 4 - 0 - Unanimously

 
12.
 
Human Resources - Esther Cortez:
 
A.
AI-40617
Pct 4 -Drainage Imp Project (1200):
1. Approval of the following personnel actions:

Action Position Title Slot # Budgeted Salary
Delete Truck Driver III 0026 $ 30,503.00
Create Maintenance V 0033 $30,503.00

2. Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval on items 1 and 2.

Vote: 4 - 0 - Unanimously

 
13.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-40500
TB Control (1293):
1. Requesting approval of the following personnel actions to be effective 09/10/13:
Action Slot
No.
Position Title Proposed Salary
Create G011 Licensed Vocational Nurse III $48,149.00
Create G012 Clerk III $26,014.00
Create G013 TB Outreach Worker / Medical Assistant $29,656.00

2. Approval of revised salary schedule.
 

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 and 2.

Vote: 4 - 0 - Unanimously

 
B.
AI-40446
Prenatal Services (1293):
1.  Requesting approval to accept the Department of State Health Services Title V - Prenatal grant contract #2014-044545-001 in the amount of $84,029.00 for the period of 09/01/2013 to 08/31/2014. 
2.  Requesting approval for County Judge to sign the DSHS Title V - Prenatal contract.
3.  Requesting approval for County Judge to sign the Fiscal Federal Funding Accountability and Transparency Act Certification statement.
4.  Requesting approval for County Judge to sign the Disclosure of Ownership and Control Interest statement.
5.  Requesting approval of the Certification of Revenue in the amount of $84,029.00. 
6.  Requesting approval of the budget appropriation in the amount of $84,029.00. 
7.  Requesting approval of the following personnel action:

Action Program Slot Position Title 2013 Budgeted Salary
Delete 340-052
Prenatal Services
0001 Maintenance II $22,079.00
Delete 340-003
Health Clinics
G086 $2,641.00

8.  Requesting approval of the 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 on items 1 through 8.

Vote: 4 - 0

 
C.
AI-40456
Requesting approval to process the following invoices as claims with authority for County Treasurer to issue a check after auditing procedures are completed by County Auditor.
Vendor Account No. Billing Date Amount
ATT 956-387-0118-710-9 08/15/13 $160.75
ATT 956-585-2461-751-2 08/17/13 $179.53
ATT 956-383-0111-942-9 08/19/13 $97.70
    Total $437.98
 

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:
 
D.
AI-40460
PHEP (1293):
1. Requesting approval to delete the following full time position:
 
Slot No. Position Title Budgeted Salary
0017 Bi-National Coordinator $41,280.00

2. Approval of revised salary schedule.
 

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 and 2.

Vote: 4 - 0 - Unanimously

 
E.
AI-40452
Child Health Services (1293):
1.  Requesting approval to accept the Department of State Health Services Title V Child Health Services grant contract #2014-044665-001 in the amount of $34,833.00 for the period of 09/01/2013 to 08/31/2014.
2.  Requesting approval for County Judge to sign the DSHS Title V - Child Health Services contract.
3.  Requesting approval for County Judge to sign the Fiscal Federal Funding Accountability and Transparency Act Certification statement.
4.  Requesting approval for County Judge to sign the Disclosure of Ownership and Control Interest statement.
5.  Requesting approval of the Certification of Revenue in the amount of $34,833.00.
6.  Requesting approval of the budget appropriation in the amount of $34,833.00.
7.  Requesting approval of the salary schedule.
 

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 on items 1 through 7.

Vote: 4 - 0 - Unanimously

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

NO ACTION taken on this item.

At this time, Commissioner Joseph Palacios joined the meeting.
 
15.
 
Urban County - Diana Serna:
 
A.
AI-40379
Acceptance and approval of the Interlocal Cooperation Agreement between Hidalgo County and Hidalgo County Drainage District No.1 as it relates to the South Floodwater Channel Structure for the Project known as South Fork Drain.

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

Vote: 5 - 0 Unanimously

At this time, Judge Ramon Garcia and Commissioner Joe M. Flores stepped out.

 
B.
AI-40405
1. Urban County Program, on behalf of Precinct No. 2, is requesting approval of Change Order No.2 for a construction contract with DOS Logistics, Inc. under the General Land Office (GLO) Contract No. 10-5066-000-5043 (formerly TDRA DRS010068), Pct. 2 Minnesota Drain Project. The Change Order will increase the construction contract amount from $388,008.20 to $392,955.45 for a total increase of $4,947.25, utilizing Hidalgo County Precinct No. 2 FY 2013 Certificate of Obligation Matching funds.

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

2. Consideration and approval to authorize the submission of Contract Amendment No. 7 (Budget and Program Amendment) to General Land Office (GLO) Contract No. 10-5066-000-5043 (formerly known as TDRA Disaster Recovery Program, Contract No. DRS010068). The Budget and Program Amendment will create an Acquisition line item and will allow the transfer of funds in the amount of $288,713.11 from the Flood and Drainage Facilities line item into the Acquisition line item allowing Precinct No. 2 to be reimbursed for previously incurred acquisition/ROW expenses for the Minnesota Drain 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

3. Approval of Revised 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. 2.

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

4. Consideration and approval to authorize the County Judge to sign any and all documents associated with Change Orders/ and or Amendments pertaining to GLO Contract No. 10-5066-000-5043.

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

5. Hidalgo County Urban County Program is requesting to amend the Texas General Land Office Round 1 GLO Contract # 10-5066-000-5043/DRS010068 termination date to reflect December 31, 2014.

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
 
16.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-40417
1. Approval of 2013 certification of revenues, as certified by the County Auditor, for 2012 Chapter 19 funds.

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

2. Approval of 2013 appropriation of funds for Chapter 19 funds (1283) in the amount of $17,382.00.

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.

Vote: 3 - 0 Unanimously
 
B.
AI-40445
Approval of Lease Contract for Election Services between Hidalgo County and the City of Edinburg 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: 3 - 0 Unanimously

At this time, Judge Garcia joined the meeting.
Attachments:
 
17.
 
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-40513
Public Defender's Progress Report for 2013.

Mr. Gonzalez presented a slideshow showing the decrease of vouchers being presented to their office by Court-Appointed Attorneys, the amount of misdemeanor, felony, and juvenile cases appointed to them, and graphs on the Courts who make these appointments.   They are looking into grants for CPS Section and the Capital Murder Section.  They are in efforts to saving the County money and wanted to show the Court their progress.  He wanted to point out that they are nearly to capacity and is pleased with the amount of cases they have been able to assist in.  He thanked the Court for their support.
 
B.
AI-40609
Approval of appointment of Allan Fisher as intern in Public Defender's 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: 5 - 0 - Unanimously

Attachments:
 
18.
 
Planning Department - Raul Sesin:
 
A.
AI-40449
1. Appointment of Member for the Hidalgo County Board of Building Line Adjustment
a. Precinct No. 1 – Lonnie Berry
b. Judge’s Office - Ken Dejarnett

At this time, Commissioner Joseph Palacios stepped out.

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 on items 1.a and 1.b.

Vote: 3 - 0 Unanimously

 
19.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-40508
Requesting authorization for survey metes & bounds, title reports, title policies, appraisals, review appraisals and acquisition of additional Right of Way for CR 333 - Israel Cavazos Road Bridge Replacement (CSJ#0921-27-033).
 

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: 3 - 0 - Unanimously

Attachments:
 
B.
AI-40555
Discussion, consideration and approval to accept counter offer to purchase a tract of land known as Parcel 163 for the Mile 2W Rd. project (CSJ# 0921-02-192).
 

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: 3 - 0

Attachments:
 
C.
AI-40568
Approval for Comm. Cuellar to sign permit renewal application for Pct. 1 air curtain incinerator and approval to pay $450.00 permit fee.
 

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: 3 - 0 - Unanimously

Attachments:
 
20.
 
Precinct #3 - Comm. Flores:
 
A.
AI-40533
Consideration and approval of a resolution in support of a US83 Relief Route to be constructed north of existing US83 in western Hidalgo County Pct #3 and the existing US83 from 1.73 Miles east of FM 886 (El Faro Road) to 0.78 Miles west of Showers Road will be designated as Business 83 (BU 83-T).

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: 3 - 0 Unanimously

At this time, Commissioner Joseph Palacios joined the meeting.
Attachments:
 
B.
AI-40570
1.  Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between the City of Penitas and County of Hidalgo for the improvements to Mile 3 Corridor from FM 492 to FM 2221.

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

Vote: 4 - 0 Unanimously

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

Vote: 4 - 0 Unanimously
Attachments:
 
21.
 
Budget & Management - Sergio Cruz:
 
A.
AI-40621
Discussion, consideration, and approval of the 1115 Waiver Plan contribution for 2014 Budget. 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval on a contribution of 9 million dollars for the year 2013; years 2011 and 2012 amounts to be waived.

Vote: 4 - 0

 
B.
AI-40622
Discussion, consideration, and approval on across the board budget reductions for 2014 Budget. 

Commissioner Joe M. Flores joined the meeting.

The discussion was held on whether there would be a 2% or 3% reduction in budget for all County Departments for the exception of 30 listed departments.  The departments that were listed were those whom would not survive through the year with a tighter budget by analysis. 

NO ACTION on this item.
 
C.
AI-40620
Discussion, consideration and approval of the revised Budget Amendment Policy - Personnel-Related Amendments.
 

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

Vote: 5 - 0 - Unanimously

 
D.
AI-40514
1. Discussion, consideration, acceptance and approval of Advance Funding Agreement between County of Hidalgo and Texas Department of Transportation for 10th Street Extension from SH 107 to FM 1925 Project. (CSJ: 0921-02-300)

2. Authority for County Judge to sign the Advance Funding Agreement.

3. Approval of Certification of Revenues as certified by the County Auditor for proceeds from the sale of land, also referred to the Aguilar and Dickerson Ponds to Hidalgo County Drainage District No.1

4. Approval of 2013 appropriation of funds in the total amount of $58,572.00 for 10th Extension project.

5. Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $58,572.00 to cover the County's portion of estimated share of preliminary engineering direct state costs for the project and with authority for the County Treasurer to issue check after review and processing procedures are completed by the County Auditor. 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval on items 1 through 5.

Vote: 5 - 0 - Unanimously

 
E.
AI-40447
1. Discussion, consideration and action to enter into The Texas VINE Annual Maintenance Grant Contract - fiscal year 2014 with the Office of the Attorney General of Texas and authorization for County Judge to sign the required documents. 

2. Approval of Certification of Revenues as certified by the County Auditor for the Texas VINE Annual Maintenance Grant.

3. Approval of appropriation of funds for the Texas VINE Program in the amount of $27,715.32.

4. Discussion, consideration and action to enter into a Service Agreement Renewal between Appriss and Hidalgo County for the period of September 1, 2013 to August 31, 2014 in the amount of $27,715.32 and authorization for County Judge to sign the required documents.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval on items 1 through 4.

Vote: 5 - 0 - Unanimously

 
22.
 
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-40599
Authority to proceed to solicit a "Consultant"  for Audit and Recovery of Medical Billing Claims.

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

Vote: 5 - 0 Unanimously

At this time, Judge Garcia and Commissioner Hector "Tito" Palacios stepped out.
 
2.
AI-40600
A.  Requesting approval for the Sale of County Owned Properties in accordance with the Texas Local Government, CHAPTER 263. SALE OR LEASE OF PROPERTY BY COUNTIES with the following options;

    1.  Sec. 263.007.  SALE OR LEASE OF REAL PROPERTY THROUGH SEALED-BID PROCEDURE;

NO ACTION taken on this item

    2.  Sec. 263.008.  BROKER AGREEMENTS AND FEES FOR THE SALE OF REAL PROPERTY;

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

Vote: 3 - 0 Unanimously

    3.  Sec. 272.001.  NOTICE OF SALE OR EXCHANGE OF LAND BY POLITICAL SUBDIVISIONS; EXCEPTIONS

NO ACTION taken on this item.

B.  If applicable, authority to issue an RFQ/P or RFP/Q for the engagement of a "Broker" for the sale of county owned properties;

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

Vote: 3 - 0 Unanimously

C.  Selection, designation and election of the properties to be disposed through Sale;

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

Vote: 3 - 0 Unanimously

D.  Authority to seek Fair Market Appraisals (FMVs through the County's protocols) on all elected/selection properties as required by statue(s) so as to set minimum bids.

NO ACTION taken on this item.
Attachments:
 
3.
AI-40618
Requesting approval to pay property taxes owed in the amount of $23,517.07 (#E2650-00-000-0001-00) in connection with the Ebony Plaza Lot 1 in the City of McAllen with authority for County Treasurer to issue check after review and auditing procefures are completed by County Auditor. 
 

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

Vote: 3 - 0 - Unanimously

 
4.
AI-40619
Requesting authority and action to modify and/or amend current  lease agreement between Hidalgo County and Jose E. Garcia in connection with requests for possible alterations and/or modifications to the building.
 

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

Vote: 3 - 0 - Unanimously

 
5.
AI-40454
a. Requesting exemption from competitive procurement requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software in connection with On-line Research Services for Hidalgo County;

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

Vote: 3 - 0 Unanimously

b. Requesting approval of agreement(s) if applicable for "On-line Research Services" with Lexis Nexis including but not limited to the following Hidalgo County department(s):

1. Judicial Courts (109ZN6)
2. Hidalgo County JP Technology (124ZV1)
3. Hidalgo County Clerk (129D6F)

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 on items 1, 2, and 3.

Vote: 3 - 0 Unanimously
 
 
6.
AI-40511
Acceptance and approval of an Interlocal Lease Agreement between County of Hidalgo and HC Community Supervision and Corrections Department in the amount of $ 3,000.00 per month on a 10-year term with an 10-year renewal term (same as previous aggrements) including the option to renegotiate the lease fees every two (2) years for the facility located at 1000 N. M. Road, Edinburg, Tx which currently houses the SATF (Substance Abuse Treatment Facility)
 

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

Vote: 3 - 0 - Unanimously

 
7.
AI-40547
Acceptance and approval to execute the final form of a Professional Construction Management Agreement with Prodigy Construction Management LLC, for "The Renovation/Remodeling of the First and Second Floor of the former Administration Building (as approved for negotiations on CC 8/13/13).
 

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

Vote: 3 - 0 - Unanimously

 
B.
 
Pct. 1
 
1.
AI-40479
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.
8/1/2013 22659151 ASG SECURITY 23.45 3-1100-452-00-121-013-0-413
8/1/2013 22697232 ASG SECURITY 26.65 3-1100-452-00-121-013-0-413
8/1/2013 22659149 ASG SECURITY 26.50 3-1200-431-00-121-004-0-413
8/1/2013 22659150 ASG SECURITY 26.50 3-1200-431-00-121-005-0-413
 

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

Vote: 3 - 0 - Unanimously

 
C.
 
District Courts
 
1.
AI-40549
430th Judicial District Court:
Requesting approval of the following claims/invoices with ASG SECURITY for monitoring services provided to the 430th Judicial District Court with the authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.
 
Invoice Date Invoice # Vendor Amount Account #
03/01/13 21799798 ASG Security $28.99 3-1100-412-00-010-001-0-413
04/01/13 22044126 ASG Security $28.99 3-1100-412-00-010-001-0-413
05/01/13 22222624 ASG Security $28.99 3-1100-412-00-010-001-0-413
06/01/13 22385127 ASG Security $28.99 3-1100-412-00-010-001-0-413
 07/01/13  22542774  ASG Security $28.99 3-1100-412-00-010-001-0-413
 08/01/13  22693034 ASG Security   $28.99   3-1100-412-00-010-001-0-413 
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
D.
 
Sheriff's Office:
 
1.
AI-40601
Acceptance and approval of Interlocal between County of Hidalgo and City Of Weslaco (through their procured contractor) to receive, pickup and disposal services of commercial waste through of an eight (8) cubic yard refuse collection bin for the Sheriff's East Substation once a week at a cost of $119.43 per month.
 

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

Vote: 3 - 0 - Unanimously

 
23.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-40571
Claim of Alicia De Valle
 
D.
AI-40564
Cause No. C-1044-13-E; Ibanez v. Donna I.S.D., et. al., pending in the 275th Judicial District Court of Hidalgo County, Texas
 
E.
AI-40574
C-4507-13-F; Reynaldo Ybarra v. County of Hidalgo
 
F.
AI-40614
Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al
 
G.
AI-40623
Claim of Joel Alvarez

NO ACTION taken on items 23.A - 23.G.
 
24.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Judge Garcia and Commissioner Hector "Tito" Palacios joined the meeting.

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

NO ACTION taken on this item.
 
C.
AI-40572
Claim of Alicia De Valle
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval in the amount of $245.47.

Vote: 3 - 0 - Unanimously

 
D.
AI-40565
Cause No. C-1044-13-E; Ibanez v. Donna I.S.D., et. al., pending in the 275th Judicial District Court of Hidalgo County, Texas

Proceed as Directed
 
E.
AI-40575
C-4507-13-F; Reynaldo Ybarra v. County of Hidalgo

Refer to Item 7.A.1 & 2.
 
F.
AI-40615
Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al

Proceed as Directed
 
G.
AI-40624
Claim of Joel Alvarez

Refer to Items 7.A.1 & 2.
 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
26.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
27.
 
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: 5 - 0 - Unanimously

There being no further business to come before said

Court, the meetings of the Commissioners' Court 

  is now hereby adjourned.


Dated this the 11th day of September, 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 September 11, 2013.

Signed this 11th day of September 2013




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


By: ____________________________
(Seal) Virginia Jones, Deputy