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Minutes for CC REGULAR

SPECIAL MEETING - October 2, 2013

BE IT REMEMBERED, that on this 2nd day of October 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 JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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
October 2, 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 for the exception of Commissioner Joe M. Flores and Commissioner Hector "Tito" Palacios.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer - Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 2.DD, 10.A.2, and 10.C to be pulled for discussion.
 
5.
 
Open Forum

>
Virginia Townsend commented that she was happy to hear the Old Administration Building construction had begun. She hopes the work will be completed in the time frame they have been given.

>Opal Billman noted that she was sued for divorce and that a Judge of Hidalgo County did not divide their debt free community property. She has submitted petitions to the District Court and has yet to receive a response.

>Maria Cantu thanked the Court for following through with not increasing the J.P.'s salaries. She reminded the Court that we are a poor County and by charging for parking and increasing fees is only hurting the people.

>Humberto Garza announced that the office of Congressman Filemon Vela will remain open throughout this Federal Government Shutdown.

>Alexis Gallegos also announced that the office of Congressman Henry Cuellar will remain open.

>Yvonne Ramon informed the Court has gotten word from the Department of Public Safety and the Secretary of State that they will be open for 6 days dedicated to informing the public about the Election Identification Certificates (EIC) to those who do not have proper I.D. to vote. On October 16, 17, 18, 21, 22, and 23, the Department of Public Safety will be assisting the Elections Department employees in different sites throughout Hidalgo County to answer questions regarding the EIC. DPS will have their offices open in three locations (Edinburg, Weslaco, and Mission) on Saturdays from 10-2 from now until November 2nd. They will be able to answer questions regarding the EIC and/or issuing the EIC.

>Norma Longoria wanted to clarify that WIC is not closed. The State has funding for 30 days of service and WIC will remain open.
Attachments:
 
6.
 
County Judge's Office:
 
A.
AI-40992
Presentation by McAllen Chamber of Commerce for discussion and action, if necessary, seeking approval/support from Commissioners' Court members for the opportunity to bid on the 2015 County Judges and Commissioners Annual Conference to be held in McAllen

Robert Lopez, Director of Convention Sales at the Mcallen Chamber of Commerce, requested support from the Court and a letter of support.  The County is to sponser an evening function known as a Host Court Event to assist in the bid.  The event can be held at any location and food and beverages can be purchased by any vendor which would be funded through sponsorships.

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:
 
B.
AI-40975
Discussion, consideration action to appoint individual(s) to begin dialogue or negotiations with various entities in regards to Donna bridge investment.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to appoint Valde Guerra, Robert Villarreal, and Sergio Cruz.

Vote: 3 - 0 Unanimously
 
C.
AI-40883
Approval of list of nominations for the Hidalgo County Appraisal District Board

List of nominations has to be submitted by December 31, 2013.

NO ACTION taken on this item.
Attachments:
 
D.
AI-40966
Approval of Contract with DHR/City of Edinburg for use of the Conference Center for the ACA event scheduled for November 8, 2013 and authorization for the County Judge to sign any associated 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 - Unanimously

 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

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

NO ACTION on Items 1 & 2.
 
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

Alex Palacios, Construction Manager, presented the plans for the Former Administration Building Renovation, 1st and 2nd floor. 320 days is the estimated time of completion by D. Wilson.

2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects

Valde informed the Court that the construction of the benches will be completed soon and the issues with the downspouts have been addressed.

3) Emergency situations occurring since last agenda meeting

No Emergency situations to announce.
Attachments:
 
C.
AI-40818
Presentation and discussion by Hollis Rutledge & Associates on the recapturing of funds through federal and state agencies and other sources.

Mr. Rutledge will take on the recommendation to set up a meeting with the agencies involved and will now need to add some Municipal Governments that may be affected by the error committed by the IBWC.  The projects in the MOU have not been completed by the IBWC; therefore, the issue of non-completion needs to be resolved prior to an attempt to recapture funds.
 
8.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-40902
Title IV-E Legal Services & Child Welfare Services Contracts:
1.  Approval of Title IV-E Legal Services (contract # 23941008) and Child Welfare Services (contract # 23941009) Budgets for October 1, 2013 - September 30, 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

2.  Approval for County Judge to sign the following documents:
      a. Budgets
      b. Signature Authority Designation
      c. Additional Authorized Signature Designation (Mr. Ray Eufracio, County Auditor)
      d. Purchase Client Services Contract Amendment Title IV-E-Legal #23941008
      e. Purchase Client Services Contract Amendment Title IV-E-Child Welfare #23941009
      f. Federal Funding Accountability and Transparency Act (FFATA)

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 2.a - 2.f.

Vote: 3 - 0 Unanimously

At this time, the Court proceeded to Item 20.C.1.
 
9.
 
Sheriff's Office:
 
A.
AI-40816
1.  Authorization to purchase (7) Cell Phone Line additions through the County's membership/participation with Contract DIR-SDD-1780 through Sprint.

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.  Authorization and approval of cell phone plan for the following:
Qty Service Plan Rate
7 Business Advantage 200 Including Unlimited Tex & Unlimited Data $45.59
7 Premium Data $10.00
     
  Total Cell Phones:  7  
  Estimated Monthly Rate:  $389.13  

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-40931
Presentation, discussion and authorization to submit the Motorola 800 MHz Transition Administrator Waiver of Privilege and Confidentiality Agreement as part of the 800MHz Band Reconfiguration with the authority for the County Judge to sign the required documentation subject to legal approval.
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-40930
Sheriff's Office OCDETF - (1284):
1. Approval of FY2014 Overtime program agreement (Investigation Number SW-TXS-0910) between the Organized Crime Drug Enforcement Task Forces (OCDETF) and the Hidalgo County Sheriff's Office in the amount of $14,000.00.

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

Vote: 3 - 0 Unanimously

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 Unanimously

3. Approval of Certification of Revenues as certified by the County Auditor for the OCDETF agreement.

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. Approval of appropriation of funds in the amount of $14,000.00.

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

Vote: 3 - 0 Unanimously
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-40838
1.  Requesting approval of the Certification of Revenue in the amount of $89,642.00.  Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming reimbursement.

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.  Requesting approval to appropriate the MAC budget in the amount of $89,642.00. 

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.
 
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.
 
C.
 
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.
 
11.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-40635
Monitoring Compliance for High Risk Offenders Grant (1289):
1. Approval to accept the Monitoring Compliance for High Risk Offenders grant, award no. DJ-11-A10-2725301-01, in the amount of $40,083.64 from the Office of the Governor (OOG) under the Edward Byrne Memorial Justice Assistance Grant Program for the period of October 1, 2013 to September 30, 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

2. Approval of Certification of Revenues as certified by the County Auditor for the Monitoring Compliance for High Risk Offenders grant.

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

Vote: 3 - 0 Unanimously

3. Approval to appropriate funds from Monitoring Compliance for High Risk Offenders grant in the amount of $40,083.64.

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

4. Authorization to pay overtime reimbursable under the grant terms and conditions.

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:
 
12.
 
IT Department - Renan Ramirez
 
A.
AI-40743
INFORMATION TECHNOLOGY:
Authorization and approval to purchase wireless service through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:
Qty: Description: Employee Name: Service Plan: Equipment Cost: Requisition:
3 Data Cards Office Use 4G Unlimited Mobile Broadband Plan @ 37.99 + $5.00 taxes/fees X 3 = $128.97/mo $0 243686

NO ACTION taken on this item.
 
13.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-40839
Discussion, consideration and action on proposed solutions to Senate Bill 100 (enacted 2011) and Senate Bill 1402 (enacted 2009) as it affects potential changes to how elections are administered for political subdivisions in Hidalgo County relating to the adoption of election procedures necessary to implement the federal Military and Overseas Voter Empowerment Act.

Ms. Ramón presented options for Commissioners Court to comply with Senate Bill 100 and Senate Bill 1402 and to address budgetary constraints since the Help America Vote Act (HAVA) funding is no longer available.  She recommended to the Court to approve Option A.
 

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 Option A.

Vote: 3 - 0 - Unanimously

 
14.
 
Head Start Program - Teresa Flores:
 
A.
AI-40677
Discussion/Approval of the Hidalgo County Head Start Program Area Distribution for 2013-2014
 

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

Attachments:
 
B.
AI-40679
Discussion/Approval of Training and Technical Assistance (T-TA) Program Plan
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-40680
Discussion/Approval of the 2012-2013 Program Information Report (PIR)
 

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:
 
D.
AI-40681
Discussion/Approval of Bid Award and Contract to Bidder Meeting all Specifications for the Lease of Classroom Space in the Following Area: a. Bid #2013-006-09-06: Classroom Space Weslaco Area
 

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

 
E.
AI-40683
Discussion/Approval of Memorandum of Understanding (MOU) Between Hidalgo County Head Start Program and Melody Kids Care, LLC
 

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-40684
Requesting Authority/Approval to Purchase Service with Time Warner Business Class Through the Department of Information Resources, Contract #DIR-TEX-AN-NG-CTSA-008 for: 1.Fiber Dedicated Internet Access, 50x50 Mbps With No Installation Charge (HUB Site-Admin) $1,824.00 Monthly Charge 2. Coax Cable SOHO HSD 15x2 Mbps with No Installation Charge (40 Sites)$3,104.00 Monthly Charge 3. Coax Cable SOHO HSD 35x5 Mbps (1 Site) with No Installation Charge $299.52
 

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

 
G.
AI-40822
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

Commissioner Joe M. Flores' initial appointee is unable to serve on the Council, so he has appointed Rebecca Villarreal.  Precinct 2 will have their appointee next week.

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
 
15.
 
Facilities Management - Daniel Flores:
 
A.
AI-40998
Requesting approval of the following invoice from ARB to be processed as a claim 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.
 7/22/13  010278  ARB Fire Protection  $ 1,800  3-1100-419-40-220-001-0-613

 

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:
 
16.
 
Planning Department - Raul Sesin:
 
A.
AI-40830
1. Preliminary Approval with Variance Request
a. Zavedra – Vera Subdivision – Pct. 4 (Matias Vera)

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. Aurora Valley Phase 3 Subdivision – Pct. 1 (Mike Rhodes)

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. Preliminary Approval
a. Concho Heights Unit 2 Subdivision – Pct. 4 (Kyndel Bennett)

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. Final Approval
a. Los Vientos Estates Subdivision – Pct. 4 (Kathryn I. East)

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. Final Approval with Financial Guarantee
b. Vista Ridge Acres Phase IV – Pct. 1 (Jack McClelland)

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
 
17.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-40779
Requesting approval to purchase a certain tract of land known as Parcel 3 for the Thomas Road Project (Pct. 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 subject to Auditors receipt of the Settlement Agreement.

Vote: 3 - 0 Unanimously
Attachments:
 
18.
 
Precinct #3 - Comm. Flores:
 
A.
AI-40947
Requesting approval to accept Hotrod Lane through Right of Way Donation Deeds.

Mr. Eufracio stated he and Purchasing need appraisal reports. 

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

Vote: 3 - 0 Unanimously
 
B.
AI-40978
Requesting approval of amended Interlocal Cooperation Agreement between the County of Hidalgo and City of Penitas.

NO ACTION taken on this Item.
 
19.
 
Budget & Management - Sergio Cruz:
 
A.
AI-41009
1. Approval of certification of revenues, as certified by County Auditor, for proceeds from the sale of land, also referred to the Aguilar and Dickerson Ponds to Hidalgo County Drainage District No.1.

2. Approval of 2013 appropriation of funds in the total amount of $1,341,800 for the Tom Gill/Liberty Road Project from Mile 3 to FM 2221.

NO ACTION taken on Items 1 & 2.
Attachments:
 
B.
 
Budget Appropriations:
 
1.
AI-40843
2013 District Clerk Records Management & Preservation (1235):
Approval of 2013 appropriation of funds for the District Clerk Records Mgmt & Preservation in the amount of $50,795.23 to fund records management & retrieval services for the months of Oct - Dec. 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

Attachments:
 
2.
AI-41003
10th St Expansion Project:
A. Approval of Certification of Revenues as certified by the County Auditor for proceeds from the sale of land, also referred to as the Aguilar and Dickerson Ponds to HC DD No.1.

NO ACTION taken on this item.  Mr. Eufracio has yet to review the letter from the City Manager. 

B. Approval of 2013 appropriation of funds in the total amount of $1,187,220.00.

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 subject to Auditors certification of revenues.

Vote: 3 - 0 Unanimously
 
3.
AI-40997
Pct.4 Linn-San Manuel Emergency Services Building:
A. Approval of Certification of Revenues as certified by the County Auditor for the proceeds from the sale of land, also referred to the Aguilar and Dickerson Ponds to Hidalgo County Drainage District No.1.

NO ACTION on this item.  Mr. Eufracio has not received the letter from the Bond Council.

B. Approval of 2013 Appropriation of funds in the total amount of $78,000.00.

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 subject to Auditors certification of revenues.

Vote: 3 - 0 Unanimously
 
20.
 
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-40976
Presentation with concurrence by Hidalgo County Purchasing Agent, Budget Officer and County Auditor for approval of "ORDERS" for all General Fund Budgets and any other applicable budgets for the following:

a.  Cut-off date for the submission of Requisitions by Friday, October 18, 2013 for goods and/or services that require sufficient time to order and receive prior to 12-31-13, i.e. MAJOR PURCHASES, vehicles, furniture, systems and/or equipment; and,

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

Vote: 3 - 0 Unanimously

b.  Cut-off date for the submission of Requisitions by Friday, December 06, 2013 on goods and/or services that require sufficient time to order and receive prior to 12-31-13, i.e., DAY TO DAY PURCHASES, items necessary for daily operations;

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

c.  Approval to notify all elected offices and departments that open purchase orders at 12-31-13 for which there is not a proper invoice and physical receipt of goods and/or services will be charged to the 2013 budgets.

A correction was noted on the budget year; it should read 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
Attachments:
 
B.
 
Pct. 3
 
1.
AI-40759
A. Presentation for consideration, discussion, acceptance, and approval of an "Amendment" to the current service contract, between Hidalgo County and L&G Engineering Laboratory, LLC for construction material testing services to revise Exhibit C to include Geo-technical Engineering Services.C-13-071-03-26;

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

Vote: 3 - 0 Unanimously

B. Presentation for consideration, discussion, acceptance, and approval of Work Authorization No. 2 (with a estimated cost of $11,618.96) for "Jara Chinas Rd./CR 1400 Project-Phase 1" with L&G Engineering Laboratory, LLC, to provide engineer services to Hidalgo County Precinct No. 3. C-13-071-03-26.

 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
 
 
C.
 
Pct. 4
 
1.
AI-40857
A.  Acceptance and approval of the final negotiated AIA Forms of Agreement with MATA-GARCIA ARCHITECTS, LLP, in connection to the: Design and Construction of the LINN SAN MANUEL EMERGENCY SERVICES BUILDING for PRECINCT 4.

B. Requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 1 (an increase in the amount of
$ 20,020.00) for current contract with L&G Consulting Engineering, Inc. for the Job Specific Project:  "FM 1925-from Kenyon Road to FM 907 (Alamo Road,") for Hidalgo County Precinct No. 4., under contract #C-11-234-09-13

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

Vote: 3 - 0 Unanimously
 
D.
 
Colonia Access Program Pct. 4
 
1.
AI-40750
Requesting approval to reject all bids submitted for “Road & Drainage Construction for Trenton Terrace Subdivision” (RFB #CAP-13-193-07-24-YSI) as bids received were higher than the budgeted amount for the 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

 
21.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

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

Vote: 3 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-40906
EEOC Charge #451-2012-01549; Severo Ochoa 
EEOC Charge #451-2013-00286; Severo Ochoa
 
D.
AI-40995
CL-12-1006-F; Maria Isabel Martinez and Hector Javier Loredo v. County of Hidalgo
 
E.
AI-40915
Claim of Debora Puente
 
F.
AI-40980
Claim of Martha Barreda

NO ACTION taken on Items 21.A - 21.F.
 
22.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

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

NO ACTION taken on this Item.
 
C.
AI-40908
EEOC Charge #451-2012-01549; Severo Ochoa 
EEOC Charge #451-2013-00286; Severo Ochoa

NO ACTION on this Item.
 
D.
AI-40996
CL-12-1006-F; Maria Isabel Martinez and Hector Javier Loredo v. County of Hidalgo

Valde Guerra informed the Court of a Settlement Agreement between Maria Isabel Martinez, Hector Javier Loredo and Hidalgo County.  The settlement is for $25,000.00 for Maria Isabel Martinez and $25,000.00 for Hector Javier Loredo.

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
 
E.
AI-40916
Claim of Debora Puente

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval in the amount of $50.00.

Vote: 3 - 0 Unanimously
 
F.
AI-40981
Claim of Martha Barreda

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 in the amount of $1,393.95.

Vote: 3 - 0 Unanimously
 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
24.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
25.
 
Adjourn
 

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

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 2nd day of October, 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 October 2, 2013.

Signed this 2nd day of October 2013




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


By: ____________________________
(Seal) Virginia Jones, Deputy