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Minutes for CC REGULAR

SPECIAL MEETING - October 22, 2013

BE IT REMEMBERED, that on this 22nd 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 A.C. CUELLAR, JR.

HONORABLE HECTOR "TITO" PALACIOS

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
October 22, 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 Judge Ramon Garcia.
 
2.
 
Pledge of Allegiance

Commissioner Hector "Tito" Palacios 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 5.B, 10.A, and 10.C to be pulled for discussion.
 
5.
 
Open Forum

>
Jose Beto Saldana was concerned in regards to the Palmview Community Center being closed for Early Voting. He stated that this location is where all those in the community are accustomed to vote and they are very affected by this change. He also stated that he knows there are many locations opened in McAllen, but they aren't familiar with any other place other than the Palmview Community Center.

> Eduardo "Lalo" Saldana also had a concern in regards to the Palmview Community Center being closed for Early Voting. He stated he has lived in the area since the 70's and has proudly participated in voting, but he is disappointed in the fact that this center was not opened. He requested the decision be looked at again and open the facility.

> Ms. Yvonne Ramon clarified to the Court and Audience that during Constitutional Voting, that location is not opened, but it will be open for regular voting on November 5. She stated that McAllen has six (6) early voting sites due to the collaboration with the political subdivisions. McAllen also has eight (8) mobile units.

> Virginia Townsend referred to the discussion had in regards with the RMA. She stated she wouldn't think there would be an organization attempting to reject efforts to improve the County. She also had a concern regarding the Scofflaw. She suggested the County hire someone, a third-party, to collect the Scofflaw fee to avoid unfairness.

> Opal Billman stated the appraisal on her property was incorrect and the decisions made by the court were unjust.

> Lilly Lopez from United Way wanted to inform the Court and Audience of their Campaign Kick-Off beginning next week.

At this time, the Court proceeded to Item 8.A. & 8.B.
 
6.
 
County Judge's Office:
 
A.
AI-41339
Resolution in support of Proposition 6 - a constitutional amendment that establishes a State Water Implementation Fund for Texas (SWIFT)

Karina Cardoza introduced Mr. Jim Darling, Mayor of McAllen, which urged everyone to vote in favor of the proposition.  He stated the proposition is beneficial to citizens and the irrigation district for farmers.  Karina read the Resolution.

      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-41342
Discussion, consideration, and action to amend the Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy.

NO ACTION taken on this Item.
 
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, & 3.
 
C.
AI-41317
Status update by RMA regarding the development of SH 365 in Western Hidalgo County including the following:
1.  Status of the Vehicle Registration Bond Sale

Pilar Rodriguez, Executive Director Regional Mobility Authority, stated the Board of Directors has approved the Bond Documents, the Trustee and Underwriting Syndicate.  On October 24, there will be a Bond Rating at the Mcallen Convention Center, Board Room #2, from 8 am - 1 pm.  They anticipate going to market in early November.

2.  Interlocal Agreement between HCRMA and City of Mission (from Anzalduas Hwy (FM396) to Conway Ave. (FM 1016)

Louie Jones, Project Manager Regional Mobility Authority, briefly disclosed the progress of the 365 Project. In the environmental process they are looking toward clearance sometime in May 2014. Phase 1 appears to begin in the latter part of 2015.

Dennis Burleson, Chairman Regional Mobility Authority, began by thanking the Court for the implementation of the additional Vehicle Registration Fee for transportation improvements. He stated the funding is in place and they are waiting for environmental clearance to begin the construction for Phase 1. Phase 2, he noted, is more expensive due to the two overpasses that are planned. With the help of TXDOT, the projects can both be completed.  Commissioner Flores asked Mr. Burleson why the Interlocal Agreement with Mission turned down. Mr. Burleson stated the Board had concerns on how the project will continue running East. The bond issuance had some money available for IBTC, but are short 20 million dollars to keep their commitment to IBTC. Commissioner Joseph Palacios commented that there needs to be many points of clarification. Communication in partnerships is vital to get the projects moving in the right direction. Mr. Burleson believes the board needs more information to be able to reconsider the project as far as funding is concerned. Commissioner Hector “Tito” Palacios stated to Mr. Burleson that there should be no gap in the loop, if constructed. Mr. Burleson commented that if there is not enough congestion, it may only be possible to build frontage roads first or a truck corridor only or find a comprehensive partner to assist in funding. He stated that the RMA would prefer to choose the engineering firms to work on the project versus Mission, Donna or Pharr choosing them.

State Representative Armando Martinez spoke in regards the funds lacking for IBTC. He notified the Court of his meeting with Chairman Houghtan, TXDOT, and stated Mr. Houghtan committed to an additional 25 million of funding. His concern is that if money is moved around in various projects and delaying other projects, it will affect all projects all together.

Mr. David Guerra, member of the RMA, was selected by the five voting members that were against the Interlocal Agreement with Mission. He stated that the IBTC is vital for making the toll road financially viable at its first years of existence. The reason the agreement was denied was due to deciphering what project was priority. He noted that the issues are economics, vitality and, money and that it does not relate with who wants to be involved in the projects.
Attachments:
 
D.
AI-41332
Discussion, consideration and action to act on compliance with Chapter 59 Asset Forfeiture reporting requirements
 

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:
 
E.
AI-41306
Approval to accept check from Travelers Insurance Company in the amount of $9,359.94 for reimbursement of amount exceeding SIR in connection with claim of Carla Davis
 

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

 
F.
AI-41305
Request by American Legion Post 408 to use the courthouse square parking lot for the Veteran's Day Parade to be held on Saturday, November 2, 2013 (8-11am)

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

     Vote: 4 - 0 Unanimously

Commissioner Hector "Tito" Palacios stepped out of the meeting.
Attachments:
 
G.
AI-41308
Discussion, consideration and action to designate an area as allowed by Chapter 51 of the Property Code, (other than the Courthouse) to conduct public sale of real property at auction
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval for the new location to be in the outdoor canopy of the County Clerk Records Management Facility to take place after 90 days.

Vote: 3 - 0 - Unanimously

Attachments:
 
8.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-41103
Public Hearing to consider public comment on proposed 3-year projects to be included on the Regional Healthcare Partnership Plan for Region 5 prior to submission to the Texas Department of Health & Human Services Commission (HHSC) on or before October 31, 2013.

Mr. Olivarez stated each proposal has been ranked and evaluated by the committee.  There are some projects that won't be approved and some will be reevaluted.  The programs are available for the public to see online through the Health and Human Services website. 

The Public Hearing was opened by Commissioner Hector "Tito" Palacios.  Ms. Juliana Lopez, UT Health Science Center, asked how are the programs set by priority.  Mr. Olivarez answered that the committee ranks each program by the HHSC and CMS standards and by need.  With no further comments, the Public Hearing was closed.
 
B.
AI-41310
1.  Approval of Waivers of Contract Provision from the Texas Department of State Health Services.  DSHS is waiving the requirement that Contractor must submit payment requests electronically as set forth in the DSHS grant contracts for FY 2014. 

Mr. Olivarez stated that DSHS will accept manual transactions at this time due to their computer system is not operational at this time. 

2.  Approval for County Judge to sign waivers.

     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
 
C.
 
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.
 
D.
 
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.
 
9.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-41236
DWI Court Grant (1297):
1. Approval of certification of revenue as certified by the County Auditor for the DWI Court grant.
2. Approval of appropriation of funds in the amount of $142,819.20.

     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

3. Approval to authorize the decrease/ removal of supplemental pay allowance for the following employees:

Action Dept Slot
#
Emp
#
Position
Title
Current
Allow.
Amount
Proposed
Allow.
Amount
Decrease Crim. DA
(1100)
0026 127531 Assistant D.A. IV $9,910.00 $9,837.00
             
Remove 139th DC
(1100)
0002 020524 Court Coordinator $6,395.00 -0-
             
Remove 139th DC
(1100)
0004 088439 Assistant Court Coord. $6,395.00 -0-

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

     Vote: 3 - 0 Unanimously

4. Approval of salary schedule.

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

     Vote: 3 - 0 Unanimously
 
B.
AI-41238
Veterans Court Grant (1297):
1. Approval of certification of revenue as certified by the County Auditor for the Veterans Court Grant.
2. Approval of the appropriation of funds in the amount of $84,074.52.

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

     Vote: 3 - 0 Unanimously
 
10.
 
Urban County - Diana Serna:
 
A.
AI-41277
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.

     Commissioner Joseph Palacios, presiding due to Judge Garcia's absence, opened the Public Hearing. With no comments from the public nor the Court, the Public Hearing was closed.

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.

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

     Vote: 3 - 0 Unanimously
 
B.
AI-41127
Urban County Program on behalf of the City of Weslaco is requesting consideration and action to award and enter into a construction contract with J Con Construction, LLC for a public facility (library restroom renovation) project located within the City of Weslaco. Total contract amount of $82,500.00 utilizing UCP - City of Weslaco FY’s 24 & 25 (2011 & 2012) public facility funds.
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-41158
Urban County Program on behalf of the Precinct No. 1 is requesting authority to purchase fire station equipment for the Monte Alto Volunteer Fire Department. Purchase will be made from Casco Industries, Inc. (contract # 363-10) an approved vendor through Hidalgo County’s membership and participation with Buy Board. The total amount of purchase is $13,395.51 (quote attached) for the Monte Alto Volunteer Fire Department funded thru FY 23 & 24 (2010 & 2011) Precinct No. 1 – Fire Station/Equipment line item.

NO ACTION taken on this Item.
Attachments:
 
D.
AI-41307
1. Urban County Program for Precinct No. 2 is requesting consideration and action to award and enter into a construction contract with FJW Construction (lowest bidder meeting all specifications and/or requirements) for the Texas General Land Office Round 2.1(GLO Contract No. 12-406-000-6453) in the amount of $3,688,306.84. The project consists of flood and drainage improvements within Precinct No. 2, Hidalgo County, Texas, from west Cage Boulevard to the USIBWC Floodway Levee.
2.  Hidalgo County Precinct No. 2 commits $331,058.00 to undertake drainage improvements for the completion of the GLO Contract 12-406-000-6453/DRS210068 South Fork Drain project
 

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

, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
E.
AI-41282
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Surveying Services;

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

     Vote: 3 - 0 Unanimously

2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) surveying service firms from the County’s approved “pool” as graded and evaluated by the Precinct No. 3, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-000-6453/DRS210068 Penitas Drain project.
 
Surveyor Grade Ranked
CVQ Land Surveyors 96  1
Dos Land Surveying 94.3  2
R. Gutierrez Engineering Corp. 92.6  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: 3 - 0 Unanimously

3. Authority to negotiate a professional surveying service contract with the No. 1 ranked firm of CVQ Land Surveyors for the provision of Surveying Services for the Precinct No.3 – Penitas Drain Project.

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

     Vote: 3 - 0 Unanimously
 
11.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-41067
Approval of Full Contract for Election Services between Hidalgo County and the City of McAllen for their election to be held on November 5, 2013.
 

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

Vote: 3 - 0 - Unanimously

 
12.
 
Head Start Program - Teresa Flores:
 
A.
AI-41243
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.
 
13.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-41297
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.

NO ACTION taken on this Item.  Action was taken on duplicate Item 7.D.
 
14.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-41273
Requesting acceptance and approval of Work Authorization No.7 (with estimated cost of #17,569.50) as submitted by Millennium Engineers Group, Inc (Contract #C-13-185-06-18) for Construction Material Engineering Services for Border Road (Ridge - El Gato Rd) Project.
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
15.
 
Budget & Management - Sergio Cruz:
 
A.
AI-41178
1. Status update regarding the Delinquent Fees and Fines Program

Ray Salazar, Department of Budget and Management, presented a slideshow displaying the major developments that have occured to reduce outstanding fees owed to the County.  He stated there has been a 33% increase in collected debts from last year to this year as a result of all departments working together.  The collection has been successful due to the denial of vehicle registration and drivers licenses. The Tax Office plans create Interlocal Agreements with various cities to include them in the program by denying vehicle registration to those who owe fines to them, as well.  The Scofflaw has been successful for the Justices of the Peace; therefore, it would be important to include District and County Courts.

Virginia Townsend commented that collecting money owed is important; but, fairness is key.

Renan Ramirez, IT Department, mentioned that it is not yet clear who, other than the J.P.'s, can collect the Scofflaw fee and they will determine if the Collection Department or a third-party can collect the fee.  They will have more information at a later date. 

2. Discussion, consideration and approval to impose a $20.00 Scofflaw fee to District Courts and County Courts at Law cases with outstanding balances over (90) days. 

     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.
 
Budget Appropriations:
 
1.
AI-41327
A. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the Raymondville Drainage project to Hidalgo County DD No.1
B.  Approval of 2013 appropriation of funds in the amount of $872,800.00, for WA#1 for Mile 3 (FM492 to FM 2221) project.

 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
2.
AI-41275
A. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the sale of assets to Hidalgo County DD No.1

B. Approval of 2013 appropriation of funds in the total amount of $338,950.03 for the building renovation/repairs to Restitution Center on 1124 M Road in Edinburg, Texas. 
 

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

Vote: 3 - 0 - Unanimously

 
3.
AI-41252
Pct.4 Linn San Manuel Emergency Facility:
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 the Hidalgo County DD NO.1.

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

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 subject to receipt of revised letter from Bond Council.

Vote: 3 - 0 - Unanimously

 
16.
 
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-41173
A.  Requesting approval to declare the items listed in Exhibit "A" (office furniture, equipment and vehicles) attached herein as surplus for the purpose of sale through auction (scheduled for 11-06-2013) in accordance with Texas Local Government Code 263.152 (a)(1), and, in the event "no bids" received;

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

     Vote: 3 - 0 Unanimously

B. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subdivision (1) at auction on 11-06-2013 resulted in no bids were received; 

     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. Requesting authority to publish advertisment for the auction of surplus equipment and vehicles scheduled for 11-06-2013, including but not limited to Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.

      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.
AI-41274
Approval of an Amendment (reflecting an increase on the construction cost) to the current agreement between Hidalgo County and Prodigy Construction Management, LLC for the "Remodeling and Renovations of the 1st and 2nd Floor for the Former Administration Building." C-13-276-09-11
 

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.
 
Pct. 1
 
1.
AI-41203
Pct.1 – Claims/Invoices ASG, LLC
Requesting approval of the following claims/invoices with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

VENDOR NAME INVOICE NO. INVOICE DATE TOTAL AMOUNT ACCOUNT NO.
ASG SECURITY 22972910 10/01/2013 $23.45 3-1100-452-00-121-013-0-413
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
 
Pct. 2
 
1.
AI-41114
Discussion, consideration, and action on a recommendation by R. Gutierrez Engineering Corporation, to award to lowest bidder meeting all specification as listed: RDH Site & Concrete Company of Pharr, Texas  in the amount of $297,936.13 for RFB 2013-250-09-04-YZV - "Road & Drainage Construction for Rancho Blanco Road".
 

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.
AI-41240
Approval of the following with Dos Logistics, Inc. contracted vendor for the Pct 2 Minnesota Drain Project as submitted through project engineer Ramiro Gutierrez ( Contract No. 10-5066-000-5043):

a. Retainage Release in the amount of $39,133.35;

b. Certificate of Construction Completion reflecting the date of May 6, 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 of Items (a) and (b).

Vote: 3 - 0 - Unanimously

 
3.
AI-40093
Requesting authority to advertise with approval of preliminary plans and specifications as developed by project architect ERO Architects for the project: Hidalgo County Precinct No. 2 - Equipment & Maintenance Facility, as requested by the Office of Commissioner Tito Palacios and concurred by Raul Sesin, P.E. (RFB No. 2013-096A-11-13-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: 3 - 0 - Unanimously

 
D.
 
Pct. 3
 
1.
AI-41081
a. Acceptance and approval to execute the final form of a Professional Engineering Agreement with L&G Engineering, for "Mile 3 Road (from FM 492 to FM 2221),"as approved for negotiations on CC 9/17/13.
 
      
     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. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $872,800.00) as submitted by project engineer, L&G Engineering for engineering services for "Preparation for the Environmental Assessment, Public Involvement, Schematic and Hydrologic Design for the Mile 3 project from FM 2221 to FM 492" within Hidalgo County Pct. No. 3 through Contract #C-13-305-10-07.

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

     Vote: 3 - 0 Unanimously
 
 
E.
 
Pct. 4:
 
1.
AI-41224
Recommendation by project architect, Dannenbaum Engineering, for Commissioners' Court to award the Base Bid with Alternates 1 and 2 to lowest bidder meeting all specifications, NM Contracting, LLC in the total amount of $462,951.00 for the project:  Hidalgo County Precinct No. 4 “Building Repairs/Renovations, Additions and/or Alterations to Restitution Center at 1124 "M" Road in Edinburg, TX” (Bid No. 2013-234A-10-09-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: 3 - 0 - Unanimously

 
F.
 
Constables
 
1.
AI-40062
Requesting approval of agreement(s) if applicable for "Computer Assisted Investigative On-line Research Services" with West a Thomson Reuter Business for Hidalgo County  thru RFSQ 2013-232-07-31-MEG, for 1 User - Constable Pct 4 (1st Year) 120.00 per month (2nd Year) 126.00 per month (3rd Year) 132.30 per month.

NO ACTION taken on this Item.
 
G.
 
HIDTA
 
1.
AI-40081
Requesting approval of agreement(s) if applicable for "Computer Assisted Investigative On-line Research Services" with  West a Thomson Reuter Business for Hidalgo County HIDTA thru RFSQ 2013-232A-07-31-MEG, for 2 Users - (1st Year) 240.00 per month (2nd Year) 252.00 per month (3rd Year) 264.60 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

 
H.
 
IT Department:
 
1.
AI-41029
Authorization for the use of the County's Justice Court Technology Fund for the purchase of technological equipment for the 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 with the exclusions to timeclocks and phones.

Vote: 3 - 0 - Unanimously

 
2.
AI-41162
Requesting approval to correct total amount of $16,852.00 to $16,853.00 from approved agenda on 5/7/13, on the client support and software update service agreement with Tyler Technologies, Inc.
 

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.
 
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:

NO ACTION taken on this ITEM. No Closed Session, the Court proceeded to Open Session.
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-41303
Planned Parenthood, et al v. Greg Abbott, Attorney General for the State of Texas, Rene Guerra, Hidalgo County District Attorney, et al
 
D.
AI-41340
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain
 
E.
AI-41278
Claim of Maria E. Gonzalez
 
F.
AI-41280
Claim of Candido Bocanegra
 
G.
AI-41324
Claim of Leonor Ortiz Torres & Yessica Rojas Ortiz

NO ACTION taken on Items 17.A - 17.G.
 
18.
 
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-41304
Planned Parenthood, et al v. Greg Abbott, Attorney General for the State of Texas, Rene Guerra, Hidalgo County District Attorney, et al

Mr. Valde Guerra, Executive Officer, stated the case would be facilitated by Josephine Ramirez's Office via District Attorney's Office.
 
D.
AI-41341
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain

NO ACTION taken on this Item.
 
E.
AI-41279
Claim of Maria E. Gonzalez
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval for settlement offer in the amount of $129.90.

Vote: 3 - 0 - Unanimously

 
F.
AI-41281
Claim of Candido Bocanegra
 

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 for settlement authority in the amount of $6,503.41.

Vote: 3 - 0 - Unanimously

 
G.
AI-41325
Claim of Leonor Ortiz Torres & Yessica Rojas Ortiz

Mr. Guerra clarified that one check in the amount of $6,500.00 for Leonor Ortiz Torres, to be made out to her attorney, Raul Rudy Rodriguez; and the other check for Yessica Rojas Ortiz in the amount of $6,000.00, also to be made out to her attorney, Raul Rudy Rodriguez. 
 

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

Vote: 3 - 0 - Unanimously

 
19.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
20.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
21.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval 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 22nd 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 22, 2013.

Signed this 22nd 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