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Minutes for CC REGULAR

SPECIAL MEETING - October 15, 2013

BE IT REMEMBERED, that on this 15th 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 HECTOR "TITO" PALACIOS

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-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 15, 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.
 
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 Item 3.A to be pulled for discussion.

The Court proceeded to Item 6.C, 6.B, 6.A and 21.A.
 
5.
 
Open Forum

> Daniel Diaz, “LUPE” representative, invited the Court and Audience to the 10th Anniversary Gala. It will take place on October 17, 2013 at 7pm at Valencia Event Center in Pharr. Speakers will include Dolores Huerta, founder of United Farm Workers Union and Lupe. He also wanted to thank Commissioner Hector “Tito” Palacios for his involvement.

> Maria Reyes, “LUPE” member, wanted to thank Commissioner Joseph Palacios for the involvement with Southern Breeze Colonia in San Carlos.

> Martha Sanchez wanted to thank Commissioner Joseph Palacios for being a friend to colonia communities and his involvement. She also wanted to invite everyone to the "LUPE" 10th Anniversary Gala.

> Fern McClaugherty expressed a concern on the auto allowance for the Criminal Investigator and wondered why the amount is much smaller than other allowances for other positions. She also wanted know what the scheduling for lunch was at the Administration Building and wanted to know why the department head was upset about their entrance to the building. She also noted that there is a lot of furniture not being used in the old Roberts Chevrolet building which could be used for departments in need of good conditioned furniture.

> Opal Billman stated that her divorce was not finalized because Joe Billman passed away beforehand. She feels it was inappropriate for the Court to not disburse his assets to the beneficiaries, including 72 acres of debt free land.

> Joe Rodriguez expressed his concern over the County budget. He asked why the Precincts needed 4 X 4 vehicles and feels money is being misspent.

> Manuela Luna, resident of Colonia Spanish Palms, wanted to thank Commissioner A.C. Cuellar, Jr. for his visit to the colonias and helping the residents in those communities. She recited a poem to the Commissioners. Also, on behalf of the organization, “LUPE”, she wanted to thank the Court for all of their efforts in improving the colonias.

> Maria Guadalupe Pruneda, “LUPE” member, feels there is a necessity for Precinct 3 to improve Linda Vista Colonia and La Homa Meadows. She hopes Commissioner Flores has a plan to help their communities.

> Eva Carranza wanted to express her appreciation to Commissioner Hector “Tito” Palacios for completing his promise to them and for all of his involvement in their communities.

> Commissioner Joseph Palacios stated that he feels there is a wonderful partnership with the “LUPE” Organization. He also addressed the issue of the 4X4 vehicles owned by the Precincts and reminded the Audience that they are the first responders in emergency situations and adequate tools are vital to serve the community.

> Eddie Olivarez updated the Court in regards to the Wellness Program. They are moving in a positive direction with the availability of Flu Vaccinations and other vaccinations for the employees.

> Valde Guerra, Executive Officer, addressed the concern of some constituents in regards to the public use of the Administration Building. He stated there are some departments that are purely internal departments, yet the public is welcomed to enter if they wish; but, reminded the public that Safety Protocol must be followed.
 
6.
 
County Judge's Office:
 
A.
AI-41216
1. Discussion, consideration & action to adopt a plan of finance to refund certain outstanding bonds for the County of Hidalgo.

Mr. Noe Hinojosa, Estrada Hinojosa & Company, Inc., stated that as senior underwriter for the plan of finance, the firm will provide financial services in connection with refunding options for Hidalgo County obligations. With this plan of finance, the firm projects it could save the County approximately $975,000.
He stated that if the Court agreed to engage in this plan, they would work with the County's current financial advisor, First Southwest Company.

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

     Vote: 4 - 0 Unanimously

2. Requesting exemption from competitive bidding requirements under Texas Local  Government Code, Chapter 262.024(a)(4), a professional service.

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

     Vote: 4 - 0 Unanimously

3. Authority to engage and approval to contract with the firm of Estrada Hinojosa & Company, Inc. for the provision of financial services in connection with refunding options for Hidalgo County obligations.

Mr. Eufracio, County Auditor, had a concern in regards to funding for the firms engagement.  Mr. Hinojosa clarified that the engagement is a directive; the firm would then work with the County's council and staff.  Upon creation of the Bond Purchase Agreement, terms and conditions would be stipulated, including compensation to the firm.   

     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

4. Approval to designate Estrada Hinojosa & Company, Inc. as the Senior Underwriter for the plan of finance.

     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
 
At this time, the Court proceeded to Item 21.A.
 
B.
AI-41199
Introduction of Jaime E. Tijerina as newly-appointed Judge of 92nd State District Court

Karina Cardoza introduced Mr. Tijerina whom was appointed as Judge of the 92nd District Court by Texas Governor Rick Perry in 2013 to fill the vacancy until the next general election in 2014. She announced that he would be sworn in October 16, 2013 at the Hidalgo County Courthouse by the Honorable Ricardo Hinojosa, Federal Judge.  Mr. Tijerina stated he felt priviledged to serve the people and hopes to live up to everyone's expectations.  Judge Garcia congratulated and welcomed Mr. Tijerina.
 
C.
AI-41200
Resolution in honor of McAllen ISD Andrew Jackson Elementary for winning the 7th Annual Scholastic Summer Challenge

Ms. Yolanda Chapa proudly announced to the Court the world-wide achievement that Jackson Elementary students accomplished.  She introduced the staff, parents, and students whom dedicated their summer to win this incredible challenge.  Each student was measured by the amount of minutes spent reading, and averaged 122 hours, 45 minutes of reading, totaling over 6.3 million recorded minutes of reading. Jackson Elementary students placed first in this year's Scholastic Summer Challenge, beating nearly 4,300 participating schools representing all 50 states and 30 countries. The Resolution was read by Ms. Chapa and the children were applauded by all.
 

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:
 
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 taken 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
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on Items 1, 2, and 3.

Commissioner Hector "Tito" Palacios stepped out of the meeting.
 
C.
AI-41137
Approval to accept two settlement checks from Gallagher Bassett Services in the amount of $4,721.48 and $898.95 to settle auto accident involving a County vehicle and County Utility Trailer. (Precinct 4)
 

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

Vote: 3 - 0

 
8.
 
Human Resources - Esther Cortez:
 
A.
AI-41056
Sheriff's Office 
Sheriff (1100) / Courthouse Security (1241)/ COPS Universal Hiring Grant (1284):
1. Approval of employees reassignment as follows, pursuant to Section 3.49 of the Civil Service Commission Rules:

      FROM                TO
Employee
#
Slot# Position Title Dept No./
Name
  Slot #     Position Title    Dept No./
Name
157058 0166 Deputy Sheriff 
(Step II)
280-001 
Sheriff
  0009 Deputy Sheriff
(Step II)
125-032
Courthouse
Security
175633 0009 Deputy Sheriff
(Step II)
125-032
Courthouse
Security
  0166 Deputy Sheriff 
(Step II)
280-001
Sheriff
               
098957 0004 DeputySheriff 
(Step II)
280-022
COPS Hiring 13
  0007  Deputy Sheriff
(Step II)
125-032
Courthouse
Security
0383 280-001
Sheriff
 
171395 0007 Deputy Sheriff
(Step II)
125-032
Courthouse
Security
  0004 Deputy Sheriff
(Step II)
280-022
COPS Hiring 13
  0383 280-001
Sheriff


 

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

 
9.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-41031
Crim DA (1100):
1. Approval of the following personnel actions, effective next full payperiod, 10/21/2013:

Action Slot # Position Title Allowance
Amount
Remove Auto Allowance 0053 Criminal Investigator I 3,600.00
Authorize Auto Allowance 0034 Criminal Investigator III 3,600.00

2.  Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on Items 1 & 2.

Vote: 3 - 0

 
10.
 
Sheriff's Office:
 
A.
AI-41019
Pursuant to Hidalgo County Cellular Telephone Policy (Sprint Contract: DIR-SDD-1780), presention for consideration, acceptance and approval of Cellular Phone Request Form (Data Access Request).

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

     Vote: 3 - 0 Unanimously

1. Approval for requisiton # 243596 for 1 Tri Fi Modems at no charge and 1 Sierra Tri Fi Modems Unlimited Data Access at $42.99 per month.

     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:
 
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.
 
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.
 
12.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-41027
Requesting approval to process the following invoices as claims with the authority from County Treasurer to issue check after auditing procedures are completed by County Auditor, to reimburse $85.00 to Deputy Fire Marshal Rolando Casas and $85.00 to Deputy Fire Marshal Eric Sanchez for paying their Texas Commission on Fire Protection Wildland Fire Protection Certifications out of their own pocket due to check not being cut on time to meet payment deadline.
 

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:
 
13.
 
Emergency Management - Oscar Montoya:
 
A.
AI-41130
Requesting consideration and authorization for Hidalgo County to execute the Second Amendment to the 2009 LEAP/SHSP Grant Interlocal Cooperation Agreement between Hidalgo County and City of McAllen for the purpose of transferring equipment for the Regional Radio System.
 

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:
 
14.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-40999
Approval to process the following AT&T invoices as claims with authority for the County Treasurer to issue payment after auditing procedures are complete by County Auditor. 
Vendor Account No. Billing Date Amount
AT&T 956-381-0444-7233 08/09/13 $168.68
AT&T 956-381-0444-7233 09/09/13 $186.83
Total     $355.51

 

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.
 
Urban County - Diana Serna:
 
A.
AI-40988
Requesting authorization for Lone Star National Bank to close the following account:

                                   ACCOUNT #                                       BALANCE

Conference Account         71015655                                          $ 0.00

 

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

Attachments:
 
B.
AI-41024
The Urban County Program on behalf of the City of Weslaco is requesting approval and award of best and final negotiated contract with Raba Kistner Consultants, Inc. in the amount of $6,306.85 utilizing CDBG Year 24 (2011) funds for the City of Weslaco – Water/Sewer Improvements.
 

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-41053
1) Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 3’s proposed budget and program amendment for Forfeited and Recaptured Funds for fiscal years (2004, 2008, 2010, 2011, 2012, & 2013) and surplus funds in fiscal year (2009). The proposed amendment will increase Street improvements funding and add bridge improvements to Mile 2.

2) Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 3 for Forfeited and Recaptured Funds for fiscal years (2004, 2008, 2010, 2011, 2012, & 2013) and surplus funds in fiscal year (2009). The proposed amendment will increase Street improvements funding and add bridge improvements to Mile 2.

NO ACTION on Items 1 & 2.
 
D.
AI-41078
1. Hold a Public Hearing to consider public comments for Hidalgo County’s request to submit a Performance Statement and Budget Amendment for the Self-Help Center Program Contract #712013 under the Texas Department of Housing and Community Affairs (TDHCA), Office of Colonia Initiative (OCT) – Colonia Self-Help Center (SHC).

Judge Garcia opened the Public Hearing and with no comments from the Court nor the public, the Public Hearing was closed.

2. Requesting approval to submit Performance Statement & Budget Amendment #1 to the Hidalgo County Colonia Self-Help Center Contract Grant #712013 under the Texas Department of Housing and Community Affairs (TDHCA), Office of Colonia Initiative (OCT) – Colonia Self-Help Center (SHC) and authorize the County Judge to act as the County’s Authorized Signatory in all matters pertaining to the County’s participation in the TDHCA Colonia Self-Help Center Program.

     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
 
Commissioner Hector "Tito" Palacios stepped in.
 
E.
AI-41089
The Urban County Program on behalf of the City of Hidalgo is requesting approval of amendment to professional service agreement with EGV Architects, Inc., to increase agreement in the amount of $39,679.73 utilizing CDBG FY (2010) Non-Residential Historical Preservation project funds to develop a Preservation Master Plan as requested by the Texas Historical Commission.
 

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

Vote: 4 - 0 - Unanimously

 
16.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-41054
Approval of Interlocal Agreement between Hidalgo County and Rockwell County that will allow Hidalgo County to participate in the Texas Effective Absentee Systems for Elections (EASE) Grant project. This grant will help 50 Texas Counties to provide greater access to online services and tools in order to make the voting process easier and simpler for our growing population of military and overseas voters with authorization for County Judges to sign all pertinent documents. Will include:

1. Sample Ballot Delivery - The LiveBallot Sample Ballot technology gives any voter, regardless of ability, access to an online, audio-enabled, voter specific sample ballot. LiveBallot allows every voter an equal opportunity to learn about the candidates and issues appearing on the ballot before they go to the polls. Access to a sample ballot will help all voters be better informed and will increase participation levels among voters with disabilities.

2. Military and Overseas Ballot Delivery - Rockwall County leads a consortium of 50 Texas counties, representing more than 15,500 Military and Overseas Texans by applying for and being awarded the fully-funded Federal Voting Assistance EASE 2.0 Grant. The name of our Consortium is Your Texas ? Your Vote. The goal of Your Texas ? Your Vote is to provide greater access to online services and tools in order to make the voting process easier and simpler for our growing population of Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters.

     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: 4 - 0 Unanimously
 
B.
AI-41066
Approval of Lease Contract for Election Services between Hidalgo County and the City of Edcouch for their election to be held on November 5, 2013.
 

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

Vote: 4 - 0 - Unanimously

 
C.
AI-41104
Discuss, amend and approve Early Voting poll site changes: 1. Extend voting hours through 7 p.m. on 10/30/2013 at the STC Mid Valley Campus in Weslaco.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
17.
 
Head Start Program - Teresa Flores:
 
A.
AI-41071
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 Hector "Tito" Palacios)

NO ACTION taken on this Item.

At this time, Judge Garcia stepped out of the meeting.
 
18.
 
WIC - Norma Longoria:
 
A.
AI-41101
WIC Grant (1292):
1. Approval of contract between DSHS and Hidalgo County for the Provision of WIC Services for FY2014, beginning October 1, 2013 to March 31, 2014.

     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. Approval for County Judge to sign the following documents:

a. Hidalgo CO. HHS Core Contract 2014
b. Hidalgo CO. HHS Lobby Form

     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 2.a. & 2.b.

     Vote: 3 - 0 Unanimously
 
B.
AI-41157
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. Vendor -The Monitor, Invoice #  40014217, Date-8/3/2013  Amount - $400.00.

     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

Judge Garcia joined the meeting.
 
19.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-41165
Discussion, consideration, and approval for the County Auditor's Office to conduct an audit of the Chapter 59 Asset Forfeiture Report prepared by the Hidalgo County District Attorney's Office for fiscal year 2013 pursuant to the Chapter 59 Asset Forfeiture Report requirements.

Mr. Eufracio, County Auditor, explained to the Court that the form normally filled out for the report has changed.  It requires the County Auditor certify that the Commissioners' Court has requested an audit.  He stated that the statute requires the Commissioners' Court to conduct an audit.  In the past, the County Auditor has conducted a report and the County Judge would certify it.  Judge Garcia requested the form for his review.   

NO ACTION taken on this Item.
 
20.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-41129
Requesting approval of Supplemental Agreement No. 5 under the current  agreement for R. Gutierrez Engineering for the Nolana Loop Project (from FM 1426 to FM 88) to reflect revisions on Exhibit D1. 
 

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

 
21.
 
Precinct #3 - Comm. Flores:
 
A.
AI-41049
Requesting approval of amended Interlocal Cooperation Agreement between the County of Hidalgo and City of Penitas.

     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

The Court proceeded to Open Forum.
 
22.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-41156
Requesting authorization for appraisal, survey, metes and bounds, and title reports for the Sunflower Park/CRC Sanitary Sewer Improvement Project.
 

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

Vote: 4 - 0 - Unanimously

 
B.
AI-41138
Consideration and Approval to purchase a certain tract of land also known as Mile 22 1/2 Road Extension - Jose Juan (J.J.) Avila for Pct. 4.
 

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:
 
23.
 
Budget & Management - Sergio Cruz:
 
A.
AI-41076
Texas Association of Counties (TAC):
Approval to pay Texas Association of Counties (TAC) the amount of $63,258.31 to cover deficit due to unemployment claims exceeding quarterly deposit for the second quarter of 2013, with authority for County Treasurer to issue payment/check after auditing procedures are completed by the County Auditor.
 

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:
 
B.
AI-41115
10th St Expansion Project WA #2:
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. 
 

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

Vote: 4 - 0 - Unanimously

 
C.
AI-41217
1. Approval of certification of revenues, as certified by County Auditor, for proceeds from the sale of assets 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.
 

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: 4 - 0

 
24.
 
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-40752
Human Resources:
Requesting approval of the following claims/invoices with iDOCKET.com for the continuous support fee services provided to Hidalgo County Human Resources with the authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

Invoice Date Invoice # Vendor Name Amount Funding Source
05/11/2013 282105 iDOCKET.com $300.00 3-1100-415-50-190-001-0-336
3-1100-415-50-190-002-0-336
06/10/2013 283051 iDOCKET.com $300.00 3-1100-415-50-190-001-0-336
3-1100-415-50-190-002-0-336
07/11/2013 284010 iDOCKET.com $300.00 3-1100-415-50-190-001-0-336
3-1100-415-50-190-002-0-336
08/11/2013 284956 iDOCKET.com $300.00 3-1100-415-50-190-001-0-336
3-1100-415-50-190-002-0-336
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
 
Pct. 1
 
1.
AI-39960
Acceptance and approval of "Second Amendment" (approved as to form by legal) to the existing AIA B101-2007  (Standard Form Of Agreement between Hidalgo County (Owner) and Alcocer Garcia Associates (Architect) of the revision of budget increase request in connection to the architectural services for "Design and Construction Of A New Constable Building" in Precinct No. 1.

     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 Joseph Palacios stepped out of the meeting.
 
C.
 
Pct. 4
 
1.
AI-41139
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service; 

     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


b. Presentation of scoring grid for the purpose of CC ranking the sole member of the County’s approved “pool” of professional review appraisal services providers as qualified to continue to the next step of the process (on an as needed basis) for Precinct No. 4;

Evaluators HLH Appraisal Services
Score 100
Ranking 

      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

c. Authority for the Purchasing Department to negotiate a professional (review appraisal services) contract with the sole "qualified" firm of HLH APPRAISAL SERVICES for: the provision of professional review appraisal services, for (on an as needed basis) for Precinct No. 4

      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
Attachments:
 
2.
AI-41141
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering 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

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 surveying services for the (on call services ) in Pct No. 4.
 
Evaluators Dos Land Surveying CVQ Surveyors LLC R. Gutierrez Engineering Corporation
Evaluator 1 98 95 93
Ranking  1  2  3

     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

C. Authority for the Purchasing Department to negotiate a professional surveying service (on call services) contract with the No. 1 ranked firm of DOS LAND SURVEYING for: the Pct No. 4 projects. 

     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

Commissioner Joseph Palacios joined the meeting.
Attachments:
 
3.
AI-41148
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering 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: 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 architectural services for the (on call services ) in Pct No. 4.


Evaluator RABA Kistner Amtech Building Science, Inc Mata & Garcia Architects
Evaluator 1 98 94 92
Ranking  1  2  3

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

     Vote: 4 - 0 Unanimously

C. Authority for the Purchasing Department to negotiate a professional architectural service (on call services) contract with the No. 1 ranked firm of RABA KISTNER for: the Pct No. 4 projects.

     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:
 
4.
AI-41096
Requesting authority to advertise with approval of plans and specifications developed by project architect Mata-Garcia Architects, L.L.P. for Hidalgo County Precinct No. 4 -Construction of a Community Resource Center in San Carlos. RFB No. 2013-072A-11-06-MSS.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS 

, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
D.
 
Sheriff's Office
 
1.
AI-41065
Recommendation by project engineer, Halff Associates, Inc. for Commissioner's Court to award to lowest bidder meeting all specifications: Herrera and Hunt, Inc. in the amount of $259,498.00 for Bid No. 2013-258-09-25-MSS Hidalgo County Sheriff's Office “Facility Modifications to Incorporate Motorola and 911 Equipment.” 
 

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

Vote: 4 - 0 - Unanimously

 
25.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UANIMOUS vote of approval to proceed to Executive Session.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-41172
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain
 
D.
AI-41090
Cause No. C-1590-12-C, Mirthala Lopez v. Juan Vasquez and Hidalgo County, Texas; in the 139th Judicial District Court of Hidalgo County
 
E.
AI-41132
Brian Valadez vs Hidalgo County
 
F.
AI-41120
Claim of Leonor Ortiz Torres
 
G.
AI-41122
Claim of Yessica Rojas Ortiz
 
H.
AI-41153
County of Hidalgo vs Hiram Maldonado

NO ACTION taken on Items 25.A - 25.H.
 
26.
 
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-41171
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain

Proceed as Directed.
 
D.
AI-41091
Cause No. C-1590-12-C, Mirthala Lopez v. Juan Vasquez and Hidalgo County, Texas; in the 139th Judicial District Court of Hidalgo County

NO ACTION taken on this Item. Mr. Guerra stated for the record that Josefine Ramirez's office from the District Attorney's office is facilitating this case.
 
E.
AI-41133
Brian Valadez vs Hidalgo County
 

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 to tender or Self Insured Retention (SIR) to the County's Insurance carrier in the amount of $31,113.56.

Vote: 4 - 0

 
F.
AI-41121
Claim of Leonor Ortiz Torres
 

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 a settlement offer of $6,500.00; check to be made out to Leonor Ortiz Torres and the attorney, Raul Rodriguez.

Vote: 4 - 0 - Unanimously

 
G.
AI-41123
Claim of Yessica Rojas Ortiz
 

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 to make a settlement offer of $6,000.00; check to be made out to Yessica Rojas Ortiz and the attorney of record, Raul Rudy Rodriguez, a Professional Corporation.

Vote: 4 - 0 - Unanimously

 
H.
AI-41154
County of Hidalgo vs Hiram Maldonado

Proceed as Directed.  Mr. Guerra stated for the record that the case is being facilitated by Josephine Ramirez's office from the District Attorney's office.
 
27.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
28.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
29.
 
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: 4 - 0 - Unanimously

There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 15th 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 15, 2013.

Signed this 15th  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