SPECIAL MEETING - September 17, 2013
BE IT REMEMBERED, that on this 17th 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-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 September 17, 2013 9:30 A.M. |
|
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call - All members of the Court were counted present.
2.
Pledge of Allegiance - Judge Garcia led the Court and Audience in the Pledge of Allegiance.
3.
Prayer - Virginia Townsend led the Court and Audience in Prayer.
Judge Garcia read a proclamation from President Barack Obama regarding the incident at the Washington Naval Yard and shared a moment of silence.
Judge Garcia read a proclamation from President Barack Obama regarding the incident at the Washington Naval Yard and shared a moment of silence.
4.
Approval of Consent Agenda - The Court moved to approved the Consent Agenda.
At this time, the Court proceeded to items 19.A.1, 20.E, 13.A & B, then 6.A.
At this time, the Court proceeded to items 19.A.1, 20.E, 13.A & B, then 6.A.
5.
Open Forum
>Opal Billman spoke in regards to her divorce from Joe Billman in which two Courts and two Court actions and states he was awarded money that did not exist and she was falsely imprisoned.
>Sergio Cruz made the Court aware that he has filed the Proposed Budget at the County Clerk's Office.
>Maria Cantu expressed her concern with the funding of the new medical school. She believes the County is paying too much for the County employee insurance. She also feels that our area does not need a rail system; accommodating sidewalks are much more of need.
>Dr. Adams believes roads and maintenance need to be addressed, specifically the area where she lives on Old La Blanca Road and Sioux Road.
>Oscar Montoya informed that all Precincts have been working hard on pumping out water to minimize flooding and hazardous conditions due to the large amount of rainfall.
>Opal Billman spoke in regards to her divorce from Joe Billman in which two Courts and two Court actions and states he was awarded money that did not exist and she was falsely imprisoned.
>Sergio Cruz made the Court aware that he has filed the Proposed Budget at the County Clerk's Office.
>Maria Cantu expressed her concern with the funding of the new medical school. She believes the County is paying too much for the County employee insurance. She also feels that our area does not need a rail system; accommodating sidewalks are much more of need.
>Dr. Adams believes roads and maintenance need to be addressed, specifically the area where she lives on Old La Blanca Road and Sioux Road.
>Oscar Montoya informed that all Precincts have been working hard on pumping out water to minimize flooding and hazardous conditions due to the large amount of rainfall.
6.
County Judge's Office:
A.
AI-40754
Recognition of UTPA and STC Hidalgo County Employee and Dependent scholarship recipients for 2013-2014
Karina Cardoza along with Brenda Solis, Director of Scholarships (UTPA) and Judy Anzaldua, Financial Aid Outreach Specialist (STC) recognized the scholarship recipients from South Texas College which included Ashley Garza, daughter of Sandra Garza (District Clerks Office), Aissa Silva, daughter of Ruben Silva (Sheriffs Office), and from UTPA: Uriel Ramos (Elections Department), Abigail Zepeda, daughter of Patricia Salas (WIC).
Karina Cardoza along with Brenda Solis, Director of Scholarships (UTPA) and Judy Anzaldua, Financial Aid Outreach Specialist (STC) recognized the scholarship recipients from South Texas College which included Ashley Garza, daughter of Sandra Garza (District Clerks Office), Aissa Silva, daughter of Ruben Silva (Sheriffs Office), and from UTPA: Uriel Ramos (Elections Department), Abigail Zepeda, daughter of Patricia Salas (WIC).
B.
AI-40753
Approval of appointment of Carlos E. Alvarez as volunteer intern with the Hidalgo County Public Affairs Division
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
C.
AI-40757
Discussion, consideration, and approval of First Amendment to Interlocal Agreement regarding Reinvestment Zone Number One, City of Pharr, Texas
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-40758
Discussion, consideration, and approval of First Amendment to Interlocal Agreement regarding Reinvestment Zone Number One, City of Alamo, Texas
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR. seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 Unanimously
At this time, the Court proceeded to Item 20.C.
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
At this time, the Court proceeded to Item 20.C.
Attachments:
7.
Constables:
A.
AI-40647
Constable Pct 3- Stop Truancy (1100/ 1285):
1. Approval of certification of revenues as certified by the County Auditor'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
2. Approval of interdepartmental transfer from County Wide Admin- Contingency to transfers out to fund a portion of the cash match.
3. Approval of appropriation of funds.
4. Approval of the following personnel action(s):
6. Approval of salary schedules.
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 5 & 6.
Vote: 4 - 0 Unanimously
At this time, Commissioner Hector "Tito" Palacios stepped out.
1. Approval of certification of revenues as certified by the County Auditor'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
2. Approval of interdepartmental transfer from County Wide Admin- Contingency to transfers out to fund a portion of the cash match.
3. Approval of appropriation of funds.
4. Approval of the following personnel action(s):
| Action | Position Title | Slot # |
Dept./ Fund | Current Cost Allocation Distribution % |
Proposed Cost Allocation Distribution % |
| Redistribute Allocat. | DEPUTY CONSTABLE (STEP II) |
0001 | 293-005 Stop Truancy- Interlocal Fund 1285 |
94.23% | 100% |
| Delete Allocat. | 0020 | 293-001 Const. Pct 3 Fund 1100 |
5.77% | 0% | |
| Redistribute Allocat. | DEPUTY CONSTABLE (STEP II) |
0002 | 293-005 Stop Truancy- Interlocal Fund 1285 |
93.80% | 100% |
| Delete Allocat. | 0021 | 293-001 Const. Pct 3 Fund 1100 |
6.20% | 0% | |
| Redistribute Allocat. | (SR.) DEPUTY CONSTABLE (STEP II) |
0003 | 293-005 Stop Truancy- Interlocal Fund 1285 |
93.05% | 100% |
| Delete Allocat. | 0022 | 293-001 Const. Pct 3 Fund 1100 |
6.95% | 0% |
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 2 - 4.
Vote: 4 - 0 Unanimously
5. Approval of the following personnel action as per section 3.49 of the Civil Service Commission Rules:
Vote: 4 - 0 Unanimously
5. Approval of the following personnel action as per section 3.49 of the Civil Service Commission Rules:
| FROM | TO | |||||||
| Action | Emp. # |
Position Title |
Dept./ Fund | Slot # |
Budgeted Salary |
Dept./ Fund | Slot | Budgeted Salary |
| Re-assignment | 114596 | (SR) DEPUTY CONSTABLE (STEP II) |
293-005 Stop Truancy- Interlocal Fund 1285 |
0003 | 44,561.00 | 293-001 Const. Pct 3 Fund 1100 |
0018 | 47,734.00 |
| Re- assignment & Budgeted Salary Adjustment |
115509 | (SR) DEPUTY CONSTABLE (STEP IV) |
293-001 Const. Pct 3 Fund 1100 |
0018 | 47,734.00 | 293-005 Stop Truancy- Interlocal Fund 1285 |
0003 | 47,734.00 |
6. Approval of salary schedules.
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 5 & 6.
Vote: 4 - 0 Unanimously
At this time, Commissioner Hector "Tito" Palacios stepped out.
Attachments:
8.
County Courts at Law:
A.
AI-40745
County Court #8:
Requesting approval to process the following invoice as a claim for spanish interpretation services for defendant at Jury Trial with authority for County Treasurer to issue a check after auditing procedures are completed by County Auditor.
Requesting approval to process the following invoice as a claim for spanish interpretation services for defendant at Jury Trial with authority for County Treasurer to issue a check after auditing procedures are completed by County Auditor.
| Vendor | Invoice # and Date | Amount |
| Business Languages, Inc. | #323861 - 8/2/13 | 1,640.00 |
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
Attachments:
9.
Human Resources - Esther Cortez:
A.
AI-40531
Sheriff's Office (1100):
1. Approval of the following personnel actions, effective next full pay period, 9/23/2013:
2. Approval of revised salary schedule.
1. Approval of the following personnel actions, effective next full pay period, 9/23/2013:
| Action | Position Title |
Slot# | Budgeted Salary |
|---|---|---|---|
| Delete Clothing Allowance | Deputy Sheriff | 047 | $500.00 |
| Delete Clothing Allowance | (SR.) Deputy Sheriff (Step III) | 118 | $500.00 |
| Delete Clothing Allowance | Deputy Sheriff | 154 | $500.00 |
| Delete Clothing Allowance | Lieutenant (Step I) | 011 | $500.00 |
| Add Clothing Allowance | (SR.) Deputy Sheriff (Step III) | 159 | $500.00 |
| Add Clothing Allowance | Lieutenant (Step I) | 393 | $500.00 |
| Add Clothing Allowance | Deputy Sheriff (Step II) | 236 | $500.00 |
| Add Clothing Allowance | Deputy Sheriff (Step II) | 327 | $500.00 |
2. Approval of revised 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 & 2.
Vote: 3 - 0 - Unanimously
Attachments:
10.
Sheriff's Office:
A.
AI-40525
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: | Billing Date: | Amount: |
| 956-383-0373-003-3 | 8-19-2013 | 246.02 |
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-40560
1. Authorization to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2012 (2nd phase) and authorization for County Judge, as authorized official, to sign (and initial) required documents.
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
2. Authorization to pay Overtime reimbursable under the grant terms and conditions.
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR. seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
3. Approval of Certification of Revenues as certified by the County Auditor for the FY 2012 Operation Stonegarden Grant (2nd phase).
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
4. Approval to appropriate the budget for Sheriff's Office portion of the FY 2012 Operation Stonegarden Grant (2nd Phase) in the amount of $141,640.82.
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
5. Approval to appropriate the budgets for the (12) twelve cities' portion of the FY 2012 Operation Stonegarden Grant (2nd phase) in the amount of $156,680.79.
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
2. Authorization to pay Overtime reimbursable under the grant terms and conditions.
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR. seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
3. Approval of Certification of Revenues as certified by the County Auditor for the FY 2012 Operation Stonegarden Grant (2nd phase).
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
4. Approval to appropriate the budget for Sheriff's Office portion of the FY 2012 Operation Stonegarden Grant (2nd Phase) in the amount of $141,640.82.
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
5. Approval to appropriate the budgets for the (12) twelve cities' portion of the FY 2012 Operation Stonegarden Grant (2nd phase) in the amount of $156,680.79.
| City of | 2nd Phase | |
| 1 |
Alamo |
8,090.57 |
| 2 |
Donna |
10,616.34 |
| 3 |
Edinburg |
39,576.77 |
| 4 |
Hidalgo |
11,488.45 |
| 5 |
La Joya |
5,114.41 |
| 6 |
Mercedes |
6,520.79 |
| 7 |
Mission |
10,659.07 |
| 8 |
Palmview |
9,835.48 |
| 9 |
Penitas |
7,072.35 |
| 10 |
Pharr |
27,060.00 |
| 11 |
San Juan |
9,415.81 |
| 12 |
Weslaco |
11,230.75 |
| |
Total |
156,680.79 |
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:
- GAN
- Terms and Conditions
- HCSO appropriation
- 2. Alamo appropriation
- 3. Donna appropriation
- 4. Edinburg appropriation
- 5. Hidalgo appropriation
- 6. La Joya appropriation
- 7. Mercedes appropriation
- 8. Mission appropriation
- 9. Palmview appropriation
- 10. Penitas appropriation
- 11. Pharr appropriation
- 12. San Juan appropriation
- 13. Weslaco appropriation
11.
Health & Human Services Department - Eddie Olivarez
A.
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.
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.
NO ACTION taken on this item.
12.
Urban County - Diana Serna:
A.
AI-40537
The Urban County Program on behalf of the city of San Juan, is requesting consideration and action to award and enter into a construction contract with SDM Construction & Development, LLC for a 2012 Water/Sewer Improvements project in the amount of $260,702.50, utilizing funds from the UCP Year 25 (2012 Water/Sewer Improvements line item and city funds in the amount of $4,026.96.
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-40631
Urban County Program is requesting approval of a best and final negotiated contract with Quintanilla, Headley and Associates, Inc. in the amount of $ 29,800.00 funded through the Texas Department of Agriculture (TDA) 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).
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
Attachments:
C.
AI-40512
Hold a Public Hearing to consider public comments for Hidalgo County’s Consolidated Annual Performance and Evaluation Report (CAPER) prior to submission to the U.S. Department of Housing and Urban Development
Judge Garcia opened the Public Hearing. With no comments from the Court nor Audience, the Public Hearing was closed.
Judge Garcia opened the Public Hearing. With no comments from the Court nor Audience, the Public Hearing was closed.
Attachments:
D.
AI-40436
1. Urban County Program is requesting County Commissioner's Court approval of a Resolution designating authorized signatories for contractual documents and documents for requesting funds pertaining to the TxCDBG- Texas Department of Agriculture (TDA) Contract No. 713005.
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 County Judge to sign any and all contractual documents associated with TDA Contract No. 713005 (i.e. amendment requests, change orders, financial documents, etc.).
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
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 County Judge to sign any and all contractual documents associated with TDA Contract No. 713005 (i.e. amendment requests, change orders, financial documents, etc.).
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
Attachments:
E.
AI-40466
1. Urban County Program is requesting County Commissioner’s Court approval of 2013-2014 Section 504 Grievance Procedures/requirements and Excessive Force Policy requirements for all Housing and Urban Development (HUD), Texas Department of Housing and Community Affairs (TDHCA), Texas General Land Office (GLO), and Texas Department of Agriculture (TDA) grants.
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 County Judge to sign any and all contractual documents associated with
Section 504 and/or Excessive Force Policy procedures/requirements.
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
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 County Judge to sign any and all contractual documents associated with
Section 504 and/or Excessive Force Policy procedures/requirements.
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-40504
Requesting approval for a six (6) month extension to the FY 10 Community Housing Development Organization (CHDO) Agreement between the Urban County Program and Affordable Homes of South Texas, Inc. (AHSTI)
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:
13.
Head Start Program - Teresa Flores:
A.
AI-40634
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2013
At this time, Commissioner Joe M. Flores stepped out.
Judge Garcia's appointee is Jessie Vela. Commissioner PCT 1, A.C. Cuellar, Jr.'s appointee is Eva Watts. Commissioner PCT. 3, Joe M. Flores' appointee is Jose Luis Trigo. Commissioner PCT. 4, Joseph Palacios' appointee is Judith Saldivar. Commissioner PCT. 2, Hector "Tito" Palacios would have his appointee at the next Commissioners' Court Meeting.
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
At this time, Commissioner Joe M. Flores stepped out.
Judge Garcia's appointee is Jessie Vela. Commissioner PCT 1, A.C. Cuellar, Jr.'s appointee is Eva Watts. Commissioner PCT. 3, Joe M. Flores' appointee is Jose Luis Trigo. Commissioner PCT. 4, Joseph Palacios' appointee is Judith Saldivar. Commissioner PCT. 2, Hector "Tito" Palacios would have his appointee at the next Commissioners' Court Meeting.
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
Attachments:
B.
AI-40678
Discussion/Approval to Submit the Following 2014 Budget Applications:
1. Department of Health and Human Services (DHHS)
2. Texas Department of Agriculture (TDA)
Ms. Teresa Flores presented to the Court that they have attempted to adjust their budget without sacrificing the needs of the children they serve. They have had to pass a partial expense of $72 per month per employee for their insurance. Their shortfall is approximately $600,000.
Jessie Vela, Vice-Chairman of Policy Council, expressed the importance of the program and explained that the program is Federally Funded, yet due to the Elementary and Secondary Education Act, which has not been reauthorized, is requesting financial assistance from Hidalgo County.
1. Department of Health and Human Services (DHHS)
2. Texas Department of Agriculture (TDA)
Ms. Teresa Flores presented to the Court that they have attempted to adjust their budget without sacrificing the needs of the children they serve. They have had to pass a partial expense of $72 per month per employee for their insurance. Their shortfall is approximately $600,000.
Jessie Vela, Vice-Chairman of Policy Council, expressed the importance of the program and explained that the program is Federally Funded, yet due to the Elementary and Secondary Education Act, which has not been reauthorized, is requesting financial assistance from Hidalgo County.
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 and 2.
Vote: 4 - 0 - Unanimously
Attachments:
14.
WIC - Norma Longoria:
A.
AI-40494
1. Requesting approval to process the following Verizon invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
| Vendor | Account# | Billing Date | Amount |
| Verizon Wireless | 822603189-00011 | March 24-April 23,2013 | $329.79 |
| Verizon Wireless | 822603189-00011 | April 24-May 23 ,2013 | $293.77 |
| Verizon Wireless | 822603189-00011 | May 24-June 23,2013 | $234.96 |
| Verizon Wireless | 822603189-00011 | June 24-July 23, 2013 | $237.48 |
| Verizon Wireless | 822603189-00011 | July 24 -Aug 23, 2013 | $297.31 |
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
2. Requesting approval to process the following The Monitor invoice as claims with authority for County Treasurer to issue check after procedures are completed by County Auditor. Requsition was not approved on time for Purchase Order to be processed. Advertisement had to be done to let community of the Big Latch that was going to be held on August 3, 2013.
| Vendor | Acct# | Billing | Amount |
| The Monitor | 40014217 | 8/3/2013 | $400.00 |
On motion by COMMISSIONER, PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 Unanimously
Attachments:
15.
Precinct #2 - Comm. H. Palacios:
A.
AI-40662
1. Requesting approval to submit a request to the United States International Boundary and Water Commission (USIBWC) by Ramiro Gutierrez Engineering Corporation on behalf of Hidalgo County, to obtain a license to construct a new roadway (Pct 2 Tower Rd) across the IBWC floodway to connect Tower Rd from Rancho Blanco Rd to Juan Balli Rd.
2. Authorization for the County Judge to Sign all pertinent documents.
2. Authorization for the County Judge to Sign all pertinent documents.
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 & 2.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-40694
Requesting authorization for surveys metes & bounds, title reports, title policies, appraisals, review appraisals, and acquisition of additional Right of Way for the Border Road 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
Attachments:
C.
AI-40696
Requesting acceptance and approval of work authorization No. 5 (with an estimated cost of $6,341.50) as submitted by Millenium Engineers Group Inc. for Construction Materials Engineering Services for the Rancho Blanco Road (1/4 mile East of Alamo Road to Tower Road)
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
At this time Commissioner Hector "Tito" Palacios joined the meeting and Commissioner A.C. Cuellar, Jr. stepped out.
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
At this time Commissioner Hector "Tito" Palacios joined the meeting and Commissioner A.C. Cuellar, Jr. stepped out.
Attachments:
D.
AI-40741
Requesting acceptance and approval of work authorization No. 6 (with an estimated cost of $7,790.25) as submitted by Millenium Engineers Group Inc. for Construction Materials Engineering Services for the Rancho Blanco Road (Tower Road to Santa Clara Street) project.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
16.
Precinct #3 - Comm. Flores:
A.
AI-40732
1. Rescind action taken on 9/11/13, AI #40570 regarding Interlocal Cooperation Agreement between City of Penitas and County of Hidalgo for the improvements to Mile 3 Corridor from FM492 to FM 2221; including ICA Project document
On motion by COMMISSIONER, PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 Unanimously
Commissioner A.C. Cuellar, Jr. joined the meeting.
2. 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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval subject to funding.
Vote: 4 - 0 Unanimously
3. 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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 Unanimously
On motion by COMMISSIONER, PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 Unanimously
Commissioner A.C. Cuellar, Jr. joined the meeting.
2. 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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval subject to funding.
Vote: 4 - 0 Unanimously
3. 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. 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:
17.
Precinct #4 - Comm. J. Palacios:
A.
AI-40727
Pct.#4 Waste Water Ph II (1200):
1. Approval of Certification of Revenues as certified by the County Auditor for Pct.#4 Waste Water Ph II Reimbursements (J-02 and Effluent Line)
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. Approval of 2013 appropriation of funds for Pct.#4 (prog 07) in the amount of $88,267.86
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
1. Approval of Certification of Revenues as certified by the County Auditor for Pct.#4 Waste Water Ph II Reimbursements (J-02 and Effluent Line)
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. Approval of 2013 appropriation of funds for Pct.#4 (prog 07) in the amount of $88,267.86
On motion by COMMISSIONER, PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 Unanimously
Attachments:
18.
Budget & Management - Sergio Cruz:
A.
AI-40406
FY 2013 Jag grant (1282):
1. Approval to accept the FY 13 Edward Byrne Memorial Justice Assistance Grant award (JAG) in the amount of $56,980.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the FY 13 Edward Byrne Memorial Justice Assistance Grant award (JAG).
1. Approval to accept the FY 13 Edward Byrne Memorial Justice Assistance Grant award (JAG) in the amount of $56,980.00.
2. Approval of Certification of Revenues as certified by the County Auditor for the FY 13 Edward Byrne Memorial Justice Assistance Grant award (JAG).
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.
Vote: 4 - 0 - Unanimously
B.
Budget Appropriations:
1.
AI-40505
Justice Court Building Security Fund (1245):
Approval of appropriation of funds for the Justice Court Building Security Fund in the total amount of $ 60,099.66 to cover the cost proposal from Herrera & Hunt for the purchase & installation of bullet proof windows for Pct.1 & 5 JP Offices.
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
At this time, Commissioner Joseph Palacios stepped out.
Approval of appropriation of funds for the Justice Court Building Security Fund in the total amount of $ 60,099.66 to cover the cost proposal from Herrera & Hunt for the purchase & installation of bullet proof windows for Pct.1 & 5 JP Offices.
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
At this time, Commissioner Joseph Palacios stepped out.
Attachments:
2.
AI-40438
TxDOT (1315):
Approval of 2013 appropriation of fund from unreserved fund balance (1315) to program (081) Nolana Loop project in the amount of $260,000.00.
Approval of 2013 appropriation of fund from unreserved fund balance (1315) to program (081) Nolana Loop project in the amount of $260,000.00.
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.
Vote: 3 - 0 - Unanimously
Attachments:
19.
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
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-40519
Presentation by Alamo Insurance, Hidalgo County's Health Benefits Consultant, for discussion, consideration and approval of the Requirements, Scope of Services, Specifications and Other Criteria (with any modifications, additions and/or deletions requested or required by CC) for the " Request for Proposals (RFP) for: "Third Party Administration, Individual Stop Loss & Aggregate Stop Loss for Self-Funded Medical Plan, Group Term Life and Accidental Death & Dismenberment." (RFP No.: 2013-143-CGA)
Gary Looney, Hidalgo County's Health Benefits Consultant, stated there were changes made to the RFP to coincide with requirements of patient protection and the Affordable Care Act. The plan design was submitted to the Court with the changes recommended. It was acknowledged that no changes have been made to the plan in three years. The recommended change would be $469.00 per employee per month paid fully by the County; a cost savings to the General Fund would be approximately $500,000. The Court showed their concern over the amount of Gastric-bypass Surgery Procedures the County has paid for this year and would like a quarterly report on plan and financial status.
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, the Court recessed the Commissioners' Court meeting and reconvened the Drainage District Meeting.
Gary Looney, Hidalgo County's Health Benefits Consultant, stated there were changes made to the RFP to coincide with requirements of patient protection and the Affordable Care Act. The plan design was submitted to the Court with the changes recommended. It was acknowledged that no changes have been made to the plan in three years. The recommended change would be $469.00 per employee per month paid fully by the County; a cost savings to the General Fund would be approximately $500,000. The Court showed their concern over the amount of Gastric-bypass Surgery Procedures the County has paid for this year and would like a quarterly report on plan and financial status.
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, the Court recessed the Commissioners' Court meeting and reconvened the Drainage District Meeting.
Attachments:
2.
AI-40630
Presentation for discussion and approval by Commissioners' Court for consideration of the applicable option to be determined best for the "Tire Disposal Services" with Texas Land Reclamation thru extended Contract #E-12-248-09-25 (Original Contract #C-11-186-08-22):
Marty Salazar requested recommendations from the Precincts in our County. Precinct 1, recommended to solicit again (take action on 2.b); there was no response from Precinct 2; Precinct 3 and 4 recommended renewal, and Martin Ramirez from the Environmental Compliance Office recommended to solicit bids again because he would like to revamp the requirements that are necessary for inclusion in contract for compliance issues.
Marty Salazar requested recommendations from the Precincts in our County. Precinct 1, recommended to solicit again (take action on 2.b); there was no response from Precinct 2; Precinct 3 and 4 recommended renewal, and Martin Ramirez from the Environmental Compliance Office recommended to solicit bids again because he would like to revamp the requirements that are necessary for inclusion in contract for compliance issues.
a. Exercise the County's option to renew the second (2) year of the two (2)-one (1) year renewals as provided in the contract with same rates, terms and conditions and/or;
NO ACTION taken on this item.
b. Approval to exercise the sixty (60) day grace period extension as provided in the contract with same rates, terms and conditions so as to have no lapse in services while procurement process is completed.
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
3.
AI-40652
Acceptance and approval of an "Amendment" to Contract #C-2010-002-09-28 with Dr. Norma Jean Farley, M.D. for "Pathologist To Provide Turnkey Autopsy And Related Services" to incorporate under Section 14 of Agreement, more specifically under 14.2 Renewal Option: "County and Contractor agree the renewal option of the Contract to continue services on a month to month provision not to exceed six months".
Attachments:
B.
Executive Officer
1.
AI-40649
Requesting approval and authorization to submit a formal Letter of Confirmation to the City of Edinburg in reference to the proposed removal of sidewalks on 10th St., Cano St. from the Driveway to 10th St., McIntyre from pedestrian gate to 10th St., landscaping on 10th St. and Cano St., to include but not limited to designation of firelanes to streets that sidewalks were removed, with authorization for Mr. Valde Guerra, Executive Officer to sign proposed letter of confirmation.
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote approval.
Vote: 4 - 0
Attachments:
C.
Pct. 3
1.
AI-40699
Pursuant to contract with L&G Engineering, (article 14) to C-12-246-10-16 a request for approval by engineer to permit the subcontracting of R.O.W. Surveying Services, LLC in connection with "Tom Gill/Liberty Road."
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:
2.
AI-40712
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;
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
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of Professional Engineering Services for the Mile 3 Project (from FM 2221 to FM 492);
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
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County's approved "pool" of Professional Engineering Services for the Mile 3 Project (from FM 2221 to FM 492);
| DOS LOGISTICS | L&G ENGINEERING | DANNENBAUM ENGINEERING | |
| EVALUATOR 1 | 94 | 100 | 97 |
| RANKING | 3 | 1 | 2 |
On motion by COMMISSIONER PCT.4, JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 Unanimously
c. Authority for the Purchasing Department to negotiate a professional services contract with the No. 1 Ranked firm of L & G ENGINEERING for the provision of, "Professional Engineering Services for the Mile 3 Project (from FM 2221 to FM 492).
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
Attachments:
D.
Pct. 4
1.
AI-40551
A. Recommendation by legal counsel (as two vendors inadvertently were not provided with an addendum) to reject all bids received for: Hidalgo County Precinct No. 4 “Building Repairs/Renovations, Additions and/or Alterations to Restitution Center at 1124 M Road in Edinburg, TX”- Bid No. 2013-234-08-07-MSS;
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
B. Requesting authority to re-advertise the project including the approval of the procurement packet, plans and specifications drafted and developed through project architect - Dannenbaum Engineering at no additional cost to Hidalgo County.
On motion by COMMISSIONER PCT.4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 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.
Vote: 4 - 0 Unanimously
B. Requesting authority to re-advertise the project including the approval of the procurement packet, plans and specifications drafted and developed through project architect - Dannenbaum Engineering at no additional cost to Hidalgo County.
On motion by COMMISSIONER PCT.4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 Unanimously
Attachments:
E.
Constables
1.
AI-40545
Acceptance and Approval to Award the proposal received in the amount of $60,099.66 from Herrera and Hunt awarded Job Order Contractor (through the County's participation with Harris County Department of Education/ CHOICE) for the project: Hidalgo County Constable Pct.1 -Bullet Proof Windows for Various JP's Offices (Project#2013-079C-07-12-MSS).
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.
Co. Wide
1.
AI-40718
Requesting authority to advertise a Request for Information for the project titled: Privatized Waste Collection in Hidalgo County rural areas. The purpose of this Request for Information (RFI) is to inform potential respondents of this opportunity and solicit private sector interest and innovation in the delivery of the proposed privatized waste collection program. RFI: 2013-287-10-17-MEG
On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
20.
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. 2, HECTOR "TITO" PALACIOS, seconded by COMMISSIONER, PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on Item 22.F.
Vote: 3 - 0 Unanimously
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 on Item 22.G.
Vote: 3 - 0 Unanimously
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 on Item 22.H.
Vote: 3 - 0 Unanimously
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 on Item 22.I.
Vote: 3 - 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. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 22.F, Notice of Claim of Maria B. Cervantes, Individually and as representative of the Estate of Armando Charles Vasquez.
Vote: 3 - 0 Unanimously
2. Requesting engagement with the firm of Preston Henrichson for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
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 specifically as it pertains to Item 22.G, Notice of Claim - Jose De La Fuente.
Vote: 3 - 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.2 HECTOR "TITO" PALACIOS,, the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 22.H, Notice of Claim - John and Sonia Perri, individually and as legal heirs to the Estate of John Alexander Perri.
Vote: 3 - 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. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 22.I, EEOC Charge No. 451-2013-02844; Sergio Hinojosa.
Vote: 3 - 0 Unanimously
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 on Item 22.F.
Vote: 3 - 0 Unanimously
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 on Item 22.G.
Vote: 3 - 0 Unanimously
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 on Item 22.H.
Vote: 3 - 0 Unanimously
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 on Item 22.I.
Vote: 3 - 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. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 22.F, Notice of Claim of Maria B. Cervantes, Individually and as representative of the Estate of Armando Charles Vasquez.
Vote: 3 - 0 Unanimously
2. Requesting engagement with the firm of Preston Henrichson for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
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 specifically as it pertains to Item 22.G, Notice of Claim - Jose De La Fuente.
Vote: 3 - 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.2 HECTOR "TITO" PALACIOS,, the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 22.H, Notice of Claim - John and Sonia Perri, individually and as legal heirs to the Estate of John Alexander Perri.
Vote: 3 - 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. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 22.I, EEOC Charge No. 451-2013-02844; Sergio Hinojosa.
Vote: 3 - 0 Unanimously
B.
Commissioner Joseph Palacios stepped out of the meeting.
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
Valde Guerra stated that they have a meeting with the contracted vendor to see if his subcontractors can
maintain the original bids. The vendor will advise them if they will commit to the contract.
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
Valde informed the Court that the issues with the prortable buildings have been addressed such as seating, fans and water spouts.
3) Emergency situations occurring since last agenda meeting
No emergency items needed to be discussed.
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
Valde Guerra stated that they have a meeting with the contracted vendor to see if his subcontractors can
maintain the original bids. The vendor will advise them if they will commit to the contract.
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
Valde informed the Court that the issues with the prortable buildings have been addressed such as seating, fans and water spouts.
3) Emergency situations occurring since last agenda meeting
No emergency items needed to be discussed.
C.
AI-40756
Requesting permission to utilize the town square on October 12, 2013 from 5am til 12 noon for the "Love Your Cha Chas 5K Run/Walk" Event
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: 3 - 0 - Unanimously
D.
AI-40651
1. Approval to accept settlement agreement from Gallagher Bassett Services in the amount of $4,721.48 to settle total loss auto accident with County vehicle. (Precinct 4)
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: 3 - 0 Unanimously
2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign forms for title purposes to settle total loss auto accident claim with Gallagher Bassett Services.
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
3. Approval to accept settlement agreement from Gallagher Bassett Services in the amunt of $898.95 to settle auto accident with County trailer. (Precinct 4)
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: 3 - 0 Unanimously
4. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Settlement and Release form to settle auto accident claim with Gallagher Bassett Services.
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: 3 - 0 Unanimously
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: 3 - 0 Unanimously
2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign forms for title purposes to settle total loss auto accident claim with Gallagher Bassett Services.
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
3. Approval to accept settlement agreement from Gallagher Bassett Services in the amunt of $898.95 to settle auto accident with County trailer. (Precinct 4)
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: 3 - 0 Unanimously
4. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Settlement and Release form to settle auto accident claim with Gallagher Bassett Services.
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: 3 - 0 Unanimously
Attachments:
E.
AI-40761
Discussion regarding dissolution of Commuter Rail District
Armando Martinez, State Representative, expressed the importance of a Commuter Rail System for mass evacuation in the event of a catastrophe. Mr. Martinez made clarification as stated in the Transportation Code, Chapter 174, the Communter Rail District does not have taxing authority to add ad valorum taxes.
Andrew Canon, Director of Metropolitin Planning Organization (MPO), feels a 25 year plan would prove whether or not a rail system is viable for the Valley. This 25 year plan would entail grant research, density and growth studies.
Virginia Townsend, representing the OWLS, stated the research they have done proves this project is not viable. They believe the bus system is the best mode of transportation for this area.
Commissioner Hector "Tito" Palacios suggested the MPO address Commissioners' Court with updates on their studies. The Court requested quarterly reports.
Armando Martinez, State Representative, expressed the importance of a Commuter Rail System for mass evacuation in the event of a catastrophe. Mr. Martinez made clarification as stated in the Transportation Code, Chapter 174, the Communter Rail District does not have taxing authority to add ad valorum taxes.
Andrew Canon, Director of Metropolitin Planning Organization (MPO), feels a 25 year plan would prove whether or not a rail system is viable for the Valley. This 25 year plan would entail grant research, density and growth studies.
Virginia Townsend, representing the OWLS, stated the research they have done proves this project is not viable. They believe the bus system is the best mode of transportation for this area.
Commissioner Hector "Tito" Palacios suggested the MPO address Commissioners' Court with updates on their studies. The Court requested quarterly reports.
Attachments:
F.
AI-40760
Approval to select additional members and alternates for the 2013 Grievance Committee, pursuant to Texas Local Government Code Section 152.015.
Additional members selected: Archie L. Smith, Edinburg; Laura Bonia, Donna; Martha E. Guerrero, Monte Alto; Norma Linda Salinas, Mcallen.
The Alternates selected: Juan Jose Olivarez, Mission; Jorge E. Vera, Mission; Carlos Robledo, Weslaco; Veronica Sepulveda, Weslaco; Benjamin Arjona, Pharr; Gloria V. Casas, Mcallen; Jessie Zapata, Edinburg; Carmen Rivera, Mission; Erasmo Alvarado, Donna.
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: 3 - 0 Unanimously
Additional members selected: Archie L. Smith, Edinburg; Laura Bonia, Donna; Martha E. Guerrero, Monte Alto; Norma Linda Salinas, Mcallen.
The Alternates selected: Juan Jose Olivarez, Mission; Jorge E. Vera, Mission; Carlos Robledo, Weslaco; Veronica Sepulveda, Weslaco; Benjamin Arjona, Pharr; Gloria V. Casas, Mcallen; Jessie Zapata, Edinburg; Carmen Rivera, Mission; Erasmo Alvarado, Donna.
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: 3 - 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:
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-40644
County of Hidalgo vs Chinyere Letitia Oji
D.
AI-40748
Claim of Joel Alvarez and Juan Manuel Ocanas
E.
AI-40746
Civil Action No. 7:13-CV-00496; Adriana Mora as Next Friend of Brian Mora Valadez, incapacitated v. Hidalgo County, Texas
F.
AI-40764
Notice of Claim of Maria B. Cervantes, Individually and as representative of the Estate of Armando Charles Vasquez
G.
AI-40766
Notice of Claim - Jose De La Fuente
H.
AI-40768
Notice of Claim - John and Sonia Perri, individually and as legal heirs to the Estate of John Alexander Perri
I.
AI-40772
EEOC Charge No. 451-2013-02844; Sergio Hinojosa
NO ACTION taken on items 21.A - 21.I.
NO ACTION taken on items 21.A - 21.I.
22.
Open Session:
A.
Real Estate Acquisition and appropriation for same
NO ACTION taken on this item.
NO ACTION taken on this item.
B.
Pending and/or potential litigation
Valde Guerra informed the Court that there will be a hearing on September 19, 2013 at 8:30 a.m. in regards to a TRO that was served to Justice of the Peace Contreras on a Writ of Possession and will be facilitated by Josie Ramirez's office.
Valde Guerra informed the Court that there will be a hearing on September 19, 2013 at 8:30 a.m. in regards to a TRO that was served to Justice of the Peace Contreras on a Writ of Possession and will be facilitated by Josie Ramirez's office.
C.
AI-40645
County of Hidalgo vs Chinyere Letitia Oji
The settlement agreement of $948.99 and agreed on and an inital payment of 79.99, due October 1, 2013 and installment payments of $79.00 for the next eleven months paid to the County of Hidalgo.
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
The settlement agreement of $948.99 and agreed on and an inital payment of 79.99, due October 1, 2013 and installment payments of $79.00 for the next eleven months paid to the County of Hidalgo.
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
D.
AI-40749
Claim of Joel Alvarez and Juan Manuel Ocanas
Valde clarified to the Court that this Claim was initially presented to Commissioners' Court with only one claimant (Joel Alvarez) and was assigned to Atlas, Hall & Rodriguez. The Claim should have included Juan Manuel Ocanas.
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
Valde clarified to the Court that this Claim was initially presented to Commissioners' Court with only one claimant (Joel Alvarez) and was assigned to Atlas, Hall & Rodriguez. The Claim should have included Juan Manuel Ocanas.
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
E.
AI-40747
Civil Action No. 7:13-CV-00496; Adriana Mora as Next Friend of Brian Mora Valadez, incapacitated v. Hidalgo County, Texas
This was a Claim assigned to Palacios and Associates and disclosed that it has now turned into a lawsuit.
This was a Claim assigned to Palacios and Associates and disclosed that it has now turned into a lawsuit.
F.
AI-40765
Notice of Claim of Maria B. Cervantes, Individually and as representative of the Estate of Armando Charles Vasquez
Refer to Items 20.A.1 & 2.
Refer to Items 20.A.1 & 2.
G.
AI-40767
Notice of Claim - Jose De La Fuente
Refer to Items 20.A.1 & 2.
Refer to Items 20.A.1 & 2.
H.
AI-40769
Notice of Claim - John and Sonia Perri, individually and as legal heirs to the Estate of John Alexander Perri
Refer to Items 20.A.1 & 2.
Refer to Items 20.A.1 & 2.
I.
AI-40773
EEOC Charge No. 451-2013-02844; Sergio Hinojosa
Refer to Items 20.A.1 & 2.
Refer to Items 20.A.1 & 2.
23.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
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
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
25.
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.
Vote: 3 - 0 - Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 17th day of 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, 2013.
Signed this 17th 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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 17th 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, 2013.
Signed this 17th 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