Skip to main content

AgendaQuick™

Minutes for CC REGULAR

SPECIAL MEETING - October 29, 2013

BE IT REMEMBERED, that on this 29th 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 29, 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 Items 2.N and 3.A to be pulled for discussion.
 
5.
 
Open Forum

> Fern McClaugherty stated she doesn’t understand what the RMA is doing by spending 30 million dollars and have not built an inch of road anywhere and the MPO is taking in the Rail District which is always losing money. She also commented that Hidalgo County takes too many Holiday days off. She compared Hidalgo to other Counties in Texas and expressed to the Court that Holiday days should be reconsidered due to the inconvenience to the taxpayers and the issues they need to take care of when they aren’t working.

> Virginia Townsend stated the County needs to continue efforts in saving money. She likes to see the County working together the way the Drainage District is using the Safety Division.

> Opal Billman stated she has the privilege to practice her rights as an American. She stated her divorce from Joe Billman was not finalized prior to his death. The Court did not release the property to her nor Mr. Billman’s beneficiaries after his death and that no one has the right to use the community property as collateral.
 
6.
 
County Judge's Office:
 
A.
AI-41473
Status/Report and/or applicable action on solicitation of a Request for Proposals Project Titled: " RFP-Self Insured Health Care Claims Auditing Services for Hidalgo County Group Health Insurance Program" including, but not limited to, the following:

1.  Acceptance and approval of RFP (Self Insured Health Care Claims Auditing Services" packet (i.e. scope of work, requirements, credentials/qualifications, criteria, etc.) with authority to publish advertisement of same;

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

     Vote: 4 - 0 Unanimously

2.  Designation/Appointment of Evaluation Committee:
    a.  One named by each member of Commissioners Court;
    b.  Group Health Insurance Consultant;
    c.  Others as may be determined by Commissioners Court

Appointments were as follows: Flora Vasquez - Employee Benefits; Eddie Olivares, Health and Human Services; Valde Guerra, Executive Office. Judge Garcia designated Yolanda Chapa, Precinct 1 designated Raul Lozano, Precinct 2 designated Mr. Silguero; Precinct 4 designated Marcos Lopez.  Precinct 3 will be designated when Mr. Flores is available. 

     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 a and c. 

     Vote: 4 - 0 Unanimously

NO ACTION on Item b.
 
B.
AI-41478
Status update regarding the Delinquent Fees and Fines Program.

NO ACTION taken on this Item.
 
C.
AI-41485
Discussion regarding potential partnership between the Hidalgo County Commuter Rail District (HCCRD) and the Hidalgo County Metropolitan Planning Organization (HCMPO)

Michael Leo, County Judges Office, reminded the Court in regards to a previous meeting where Andrew Canon had mentioned that they, the MPO, offer support services; therefore, the MPO will be partnering with the Commuter Rail District.  Ken Jones, LRGVDC Executive Director, stated there would need to be an Interlocal Agreement to stipulate all responsibilities.  The collaborative effort will strictly provide staffing support services such as, handling the HCCRD Agenda, grant research and development. 
Mr. Frank Traver commented that he abstained from the vote and is a silent representative in the Commuter Rail District. He believes the Rail Board is accomplishing nothing and only searching for more funding.  He would prefer to see the MPO go on with their 25 year plan without the Commuter Rail District.

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

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it refers to Item 23.G.; C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator.

Vote:
4 - 0 Unanimously

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

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it refers to Item 23.G; C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator.

Vote: 4 - 0 Unanimously
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors

Alex Palacios, Prodigy Engineering Construction Company Principal, gave an update of the demolition stage of the Administration building. He presented a slideshow which displayed before and after pictures and the floor plan for the first floor. There were a couple of issues encountered during the demolition which consisted mainly of plumbing and sewage. The project is moving progressively and Mr. Palacios foresees completion by November 2014. The Court questioned the size of the meeting room and suggested they reconfigure the plans to make the meeting room larger. Judge Garcia commented the growing need of the County; therefore, the renovation should withstand another 50 years. The Court asked Mr. Palacios to bring two (2) different plans for the next meeting.

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

Mr. Valde Guerra, Executive Officer, informed the Court that the benches have been installed and screening is underway to prevent nesting of pigeons in the trees surrounding the area. He also mentioned that there is a minor debt gapping issue. The Portable Building Project is complete.

3) Emergency situations occurring since last agenda meeting

The Health Department has encountered a sewage issue and have brought in high-tech portable bathrooms temporarily. The issue is being resolved.
Attachments:
 
C.
AI-41421
Discussion and possible action on the redemption, under Texas Tax Code § 34.21. et seq., of the property “struck off” to Hidalgo County, Trustee in Cause No. T-1569-10-A.

Thelma Banduch, Partner with Purdue, Brandon Fielder Collins & Mott in Association with The Law Offices of John David Franz, whom collect delinquent taxes for Hidalgo County, explained to the Court that the previous owners of a "struck off" property wanted to exercise their statutory right to redeem the property.  The deed will not be signed over until unpaid taxes and accrued fees have been paid.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
AI-41425
Approval to accept settlement check from Payne Weslaco Motors in the amount of $607.17 to settle auto accident with County vehicle. (Precinct 1)
 

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

 
E.
AI-41436
Approval to accept settlement check from South Texas Communications, Inc. in the amount of $387.22 on behalf of HIDTA to settle Property damages to vehicle. (HIDTA)
 

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

 
F.
AI-41438
Approval to accept settlement check from South Texas Communications, Inc. in the amount of $426.90 to settle Property damages to County vehicle. (Constable P4)
 

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

 
G.
AI-41364
Requesting permission by the Edinburg Chamber of Commerce to use the county square for the Night of Lights Parade on Saturday, December 7, 2013 (evening) 
 

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:
 
H.
AI-41433
Request for use of Hidalgo County Courthouse for 2014 Mock Trail Competition to be held on Saturday, January 18, 2014 and Monday, January 20, 2014 (evening)
 

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:
 
I.
AI-41483
Requesting permission by Museum of South Texas History to use county parking lots near the museum for use by visitors to the museum for the following events:

EVENT DATE TIME
Dia de los Muertos Event Saturday, 11/2/13 9am to 5pm (after Veterans' Parade has departed)
La Pastorela Sunday, 12/8/13 1pm to 5pm
Pioneer & Ranching Crafts Day Saturday, 2/15/14 9am to 5pm
Fandango! 2014 Saturday, 10/11/14 5:30 pm to 11pm
Dia de los Muertos Event Saturday, 11/1/14 9am to 5pm
 
 

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:
 
J.
AI-41435
Approval of 2014 Proposed Holidays

Mr. Valde Guerra presented the current Holidays and proposed Columbus Day be added to the 2014 Holidays.  Fern McClaugherty briefly reiterated what she had said earlier in the meeting.  She believes that compared to other Counties in Texas, Hidalgo has the most time off which is inconvenient for the taxpayers.  Judge Garcia asked Mr. Guerra to reevaluate the other counties in Texas and place the item back on the Agenda.

NO ACTION taken on this Item.
 
8.
 
Constables:
 
A.
AI-41402
Constable Pct. 2:
Approval of Memorandum of Understanding ("MOU") by and between The South Texas Refuge Complex (“STRC”) a management unit of the U.S. Fish and Wildlife Service, and agency of the Department of the Interior, and Constable Precinct 2, a law enforcement agency of Hidalgo County, Texas
 

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

Attachments:
 
9.
 
Human Resources - Esther Cortez:
 
A.
AI-41234
Sheriff's Office (1100):
1. Approval of the following personnel actions, effective next full pay period, 11/04/13:

Action Position Title Slot # Budgeted
Allowance Amount
Delete Clothing Allowance Deputy Sheriff 0058 $500.00
Delete Clothing Allowance Deputy Sheriff 0079 $500.00
Delete Clothing Allowance (Sr) Deputy Sheriff (Step IV) 0082 $500.00
Delete Clothing Allowance (Sr) Deputy Sheriff (Step II) 0121 $500.00
Add Clothing Allowance Sergeant (StepII) 0023 $500.00
Add Clothing Allowance Deputy Sheriff (Step II) 0064 $500.00
Add Clothing Allowance (Sr) Deputy Sheriff (Step III) 0137 $500.00
Add Clothing Allowance Deputy Sheriff (Step II) 0188 $500.00

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 of Items 1 & 2.

Vote: 4 - 0

 
10.
 
Sheriff's Office:
 
A.
AI-41346
Sheriff's Office LBSP Grant (1284):
Authorization and approval to accept an extension for the Local Border Security Program FY 13 (LBSP-13). 
New termination date is 2/28/14.

     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 Item 12.A.
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.
 
Emergency Management - Oscar Montoya:
 
A.
AI-41284
Requesting consideration and authorization for Hidalgo County to execute the Amendment to the Interlocal Agreement between Hidalgo County and the Rio Grande Valley Communications Group for the purpose of increasing the number of radio units on the Regional Radio System from 100 radio units to 2,500 radio units.
 

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

 
13.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-41291
Pursuant to Texas Local Government code, 263.151 (1), approval to declare as "Salvage Property" (for the purpose of destruction, including authority to remove the following detailed items from the Hidalgo County HIDTA Task Force: ASSET NO. DESCRIPTION ACQUISITION DATE 40821 Palm PDA M515 64MB w/keybd & case 05/13/2003 40822 Palm PDA M515 64MB w/keybd & case 05/13/2003 40823 Palm PDA M515 64MB w/keybd & case 05/13/2003
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
14.
 
Urban County - Diana Serna:
 
A.
AI-41378
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 2’s proposed budget and program amendment for Fiscal Years 25 (2012) original work plan. The proposed amendment will decrease the Street Improvements activity by $61,000.00; increase the Public Services (General) activity and add the following scope of work: the purchase of a fire prevention trailer (educational trailer) for the City of San Juan Fire Department to promote fire safety in their community.

     Judge Garcia opened the Public Hearing and with no comments from the Court or the Audience, the Public Hearing was closed.

2. Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 2 Fiscal Year 25 (2012) original work plan. The proposed amendment will decrease the Street Improvements activity by $61,000.00; increase the Public Services (General) activity and add the following scope of work: the purchase of a fire prevention trailer (educational trailer) for the City of San Juan Fire Department to promote fire safety in their community.
 

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.
AI-41403
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 $11,677.81 (quote attached) for the Monte Alto Volunteer Fire Department funded through FY 23 & 24 (2010 & 2011) Precinct No. 1 – Fire Station/Equipment line item.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
AI-41429
Requesting authorization to dispose of Community Development Block Grant records for Program Years 1987 thru 2008
 

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:
 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-41380
1. Appointment of the Early Voting Ballot Board for the November 5, 2013 Constitutional Amendment Election 

Two members of each Political Party were to be chosen by the Court and are as follows: 

Democratic Party: Kenna Griffin and Peter Salinas
Repulican Party: Terry Allison and Fern McClaugherty

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

     Vote: 4 - 0 Unanimously

2. Appointment of the Central Counting Station for the November 5, 2013 Constitutional Amendment Election

One member of each Political Party were to be chosen by the Court and are as follows:

Democratic Party: Aaron Alonzo
Republican Party: Melissa Beall
    
     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

Commissioner A.C. Cuellar, Jr. stepped away from the meeting.
 
16.
 
Head Start Program - Teresa Flores:
 
A.
AI-41184
Discussion/Approval of the Administrative Plan
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-41185
Discussion/Approval of the 2013 Community Assessment
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-41186
Discussion/Approval for Hidalgo County Head Start Program to Exercise Option to Extend for an Additional Two (2) Year Term on the Lease Agreements for Land (Under same terms and conditions) with the Following Private Entities: ENTITY HEAD START CENTER Daniel Garza Granjeno San Martin de Porres Western Road
 

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

Vote: 3 - 0 - Unanimously

 
D.
AI-41189
Discussion/Approval for Hidalgo County Head Start Program to Exercise Option to Extend for an Additional One and/or Two Year Term on the Interlocal Agreements for Land and/or Building (under same terms and conditions) with the following Entities: Governmental/Municipalities/Housing Authorities/Public Schools:
 
ONE YEAR EXTENSIONS
McAllen Housing Authority McAllen V Vine Terrace
City of Weslaco Weslaco I  

 
TWO YEAR EXTENSIONS
ENTITY HEAD START CENTER ENTITY HEAD START CENTER
City of Alamo (Land) Alamo City of Hidalgo (Land) Hidalgo
City of Alton (Land) Alton La Joya ISD (Land) La Joya
City of Donna (Land) Donna II City of Pharr (Land) Las Milpas I
Edcouch-Elsa ISD Edcouch Monte Alto ISD Monte Alto
Edinburg Housing Edinburg I City of Pharr (Land) Pharr
Edinburg Housing Edinburg II City of Progreso (Land) Progreso
City of Elsa Elsa City of San Juan (Land) San Juan I
 
     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 Unanimously

Commissioner A.C. Cuellar, Jr. joined the meeting.
 
E.
AI-41188
Presentation for Discussion, Consideration and Approval of a Two (2) Year Interlocal Agreement for the Lease of Premises between the City of Mission and Hidalgo County Head Start Program
 

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:
 
F.
AI-41370
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)(7) Beginning October 2013 (Commissioner Hector "Tito" Palacios)

NO ACTION taken on this Item.
Attachments:
 
17.
 
Planning Department - Raul Sesin:
 
A.
AI-41283
1. Preliminary Approval
a. Cielo Lindo Subdivision – Pct. 1 (Kyndel Bennett)

     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

b. RSBR DG San Carlos Subdivision – Pct. 4 (Jose Cantu) 

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

     Vote: 4 - 0 Unanimously

2. Final Approval
a. El Pinto Water Tower Subdivision – Pct. 3 (Agua SUD) 

     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

b. Josue Subdivision – Pct. 3 (Josue Efrain Gonzalez)

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

     Vote: 4 - 0 Unanimously

3. Final Approval with Financial Guarantee
a. Loma Verde No. 3 Subdivision – Pct. 4 (Kyle Ruppert)

     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

4. Reimbursement of Financial Guarantee
a. Flamingo Ranches Subdivision – Pct. 4 (BIC Development Corp.)
b. MGM Grand Ranches Ph. 4-A – Pct. 4 (Garco, Ltd)
c. MGM Grand Ranches Ph. 4-B – Pct. 4 (Garco, Ltd)
d. Palace Station Ph. 2 Subdivision – Pct. 4 (Garco, Ltd)
e. Sunset Station Subdivision - Pct. 4 (Garco, Ltd)

     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 a - e.

     Vote: 4 - 0 Unanimously
 
18.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-41389
Pct 2 Rd Maint (1200):
1. Approval of certification of revenue as certified by the County Auditor for revenues received from the City of Pharr for the Minnesota Rd (I Rd W-Huisache) Road Project.

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

     Vote: 4 - 0 Unanimously

2. Approval of 2013 appropriation of funds into Pct 2 Rd Maintenance in the amount of $50,000.00.

     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.

     Vote: 4 - 0 Unanimously
 
Attachments:
 
B.
AI-41422
Pct 2 Tower Rd (Moore-Balli) (1303): 
1. Approval of certification of revenues as certified by the County Auditor for proceeds from the sale of asset to Magic Valley Electric COOP  related to the Cesar Chavez Drainage Project.

     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. Approval of 2013 appropriation of funds into Pct 2 Tower Rd (Moore-Balli) Project in the amount of $81,165.00.

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

     Vote: 4 - 0 Unanimously
Attachments:
 
19.
 
Precinct #3 - Comm. Flores:
 
A.
AI-41348
Requesting approval on Interlocal Cooperation Agreement between the County of Hidalgo and City of
McAllen, City of Palmhurst, and the City of Alton.

NO ACTION taken on this Item.
Attachments:
 
B.
AI-41145
Requesting approval to rename road known as Circle 6 St. E.  to continue as Rancho Brazil Rd. for an additional 735 ft until it ends at Circle 6 St. N. and Mile 5 1/2 Rd.
 

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:
 
C.
AI-41206
Requesting approval to process the following invoices as  claims with authority for County Treasurer to issue payment after review, audit and processing procedures are completed by County Auditor.

Vendor Invoice No. Service Date Amount
A Clean Portoco 02-138480-18 4/1913-7/12/13 $237.00
A Clean Portoco 02-138480-18 7/12/13-8/9/13 $79.00

NO ACTION taken on this Item.
Attachments:
 
D.
AI-41258
Pct #3 (1315):
Approval of 2013 interdepartmental transfer from TXDot-US 83 Illumination (030) to TXDot-SH495 Abrams (021) in the amount of 340.00.
 

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: 4 - 0 - Unanimously

Attachments:
 
E.
AI-41259
PCT#3 (1315):
Requesting approval of 2013 interdepartmental transfer from TXDot-FM681 to TXDot-FM2221 in the amount of $5000.00.
 

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: 4 - 0 - Unanimously

Attachments:
 
20.
 
Budget & Management - Sergio Cruz:
 
A.
AI-41469
Presentation and approval of plan of finance to refund certain outstanding bonds for Hidalgo County (rescind AI-41216 - 6.A.1 approved on 10/15/2013).

Chris Vela, Senior Vice President First Southwest, and Andre Ayala, Vice President First Southwest, financial advisors to Hidalgo County, presented the Refunding Status Update.  It listed the current bonds, market perfomance, and possible solutions for the County.  He suggested to monitor the market on a monthly basis for the best result and not act now.  First Southwest would then report back to the Court when the market becomes feasible. 
 

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 have First Southwest monitor the market on a monthly basis until it is feasible as recommended by Sergio Cruz, Budget Officer.

Vote: 4 - 0

 
B.
AI-41187
District Clerk:
Discussion, consideration, and possible action in relation to the disbursement of funds held in trust by the District Clerk's office. 

NO ACTION taken on this Item.
 
C.
 
Budget Appropriations:
 
1.
AI-41428
A. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the Raymondville Drainage project sale to Hidalgo County DD No.1 for various appropriations.

B. Approval of 2013 appropriation of funds in the total amount of $1,495,000.00 for various Precinct No.1 road projects.
 

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: 4 - 0 - Unanimously

 
21.
 
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-41442
Requesting approval to exercise its option to terminate (under Paragraph 1.4-Termination) as stated in the current lease agreement with Patriot Bank,  for "Lease of Office Space-Urban County," by providing/forwarding a Sixty (60) Day written notice of termination as requested by Urban County Director. 
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
2.
AI-41073
Presentation of the responsible vendor (as detailed in tabulation sheet contained herein) submitting the lowest and best   bid meeting all specifications and/or requirement for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County (all funding sources-elected offices, departments, agencies, & programs) -"Concrete Mix & Delivery Services" through project No.: 2013-237-09-04-SGS.
 

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

 
3.
AI-41453
Acceptance and approval of an Inter-local Agreement between Hidalgo County and Hidalgo County Drainage District #1 for the purchase of a "tract" of land (further described in Exhibit "A") owned by DD#1 under the statutory provisions detailed in document for the FMV amount of $22,216.00 in order to proceed with the "closing" of a CC approved and pending transaction selling property in Pct. #3 further described in attachments herein to Dr. S. Trevino.
 

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:
 
B.
 
Pct. 1
 
1.
AI-41151
A.  Presentation of bids received as detailed and attached herein for the purpose of award and approval of contract document with the lowest vendor meeting all specifications and/or requirements as attached hereto for: Hidalgo County Precinct 1 - Aggregate Limestone Grade 4 RFB No. 2013-277-10-02-SMA.

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

     Vote:
4 - 0 Unanimously

B.  Pursuant to Exhibit A - Specifications/Requirements- #16, a request for approval by vendor (Rio Grande Valley Aggregate Inc.) to allow the subcontracting of Southern Star Transport for the delivery of product only on as needed basis.
 

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

 
2.
AI-41309
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.

Invoice Date Invoice No. Vendor Name Invoice Total Account No.
10/01/2013 22972908 ASG Security $26.50 3-1200-431-00-121-004-0-413
10/01/2013 23013918 ASG Security $26.65 3-1100-452-00-121-013-0-413

 

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.
AI-41451
Approval to purchase Two (2) new 2014 Cat Model CT660 Roll Off Trucks with standard equipment in addition to the additional specifications listed and attached through County's membership/participation with NJPA (National Joint Powers Alliance) Contract CO-OP awarded vendor, HOLT (Contract #060311-CAT) in the amount of $302,126.36. Project #13-324-OGG
 

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:
 
C.
 
Pct. 2
 
1.
AI-41445
Requesting acceptance and approval of work authorization No. 3 (with an estimated cost of $1,033,645.00) as submitted by Tedsi Infrastructure for the Dicker Road 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

Attachments:
 
D.
 
Pct. 4
 
1.
AI-41434
A.  Requesting approval of an (On Call) "Professional Engineering Services" Agreement with DOS LOGISTICS, INC. for: "Road and Bridge, C.I.P. and Other Projects in General" located within Hidalgo County Precinct No. 4.
 
     
     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.  Requesting approval of an (On Call) "professional surveying services" agreement with DOS LAND SURVEYING for: "Surveying Services" for projects located within Hidalgo County Precinct No. 4.

     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.  Requesting approval of an (On Call) professional services agreement with HARVEY L. HEERSSEN d/b/a HLH APPRAISAL SERVICES for the purposes of "Review of Appraisal Services" for projects located within Hidalgo County 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: 4 - 0 Unanimously
 
 
E.
 
Constables
 
1.
AI-41358
Requesting approval of agreement(s) to award 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 effective 01-01-14.
 

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

 
F.
 
Sheriff's Office:
 
1.
AI-41390
A. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024, (a)(7) an item that can be obtained from only one source;

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

     Vote: 4 - 0 Unanimously

B. Requesting approval of a "Sole Source Declaration" for Smiths Detection" including authority to utilize their services as needed to purchase parts, components, annual inspections, certifications, repair & maintenance services for Smiths Detection Equipment.

      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:
 
2.
AI-41099
a. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024, (a)(7) an item that can be obtained from only one source;

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

     Vote: 4 - 0 Unanimously

b. Requesting approval of a "Sole Source Declaration" for Safety Vision" including authority to utilize their services as needed to service and repair our Hidalgo County Safety Vision Equipment.

     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:
 
G.
 
Elections Department
 
1.
AI-41250
Presentation of bids received for the purpose of award and approval of contract to the bidder meeting all specifications and/or requirements as attached hereto for request for bids for "Printing and Massive Mail out for Voter Registration Certifications for Elections Department"-Bid No. 13-286.
 

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

 
22.
 
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: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-41366
Claim of Adam Tucker
 
D.
AI-41387
Claim of AT&T
 
E.
AI-41431
Claim of John F. Martinez
 
F.
AI-41458
C-0664-13-I; Iris Judith Serna, Rogelio Castillo Saldana v. County of Hidalgo
 
G.
AI-41462
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator
 
H.
AI-41476
Potential Land Acquisition - Donna Bridge
 
I.
AI-41479
Potential Litigation - Electric Service Provider (Reliant) Sales Agreement
 
J.
AI-41465
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain

NO ACTION taken on Items 22.A - 22.J.
 
23.
 
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-41367
Claim of Adam Tucker
 

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 for settlement authority in the amount of $200.00.

Vote: 4 - 0 - Unanimously

 
D.
AI-41388
Claim of AT&T
 

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 $1,101.42.

Vote: 4 - 0 - Unanimously

 
E.
AI-41432
Claim of John F. Martinez
 

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 $937.51.

Vote: 4 - 0 - Unanimously

 
F.
AI-41459
C-0664-13-I; Iris Judith Serna, Rogelio Castillo Saldana v. County of Hidalgo

Mr. Guerra disclosed to the Court that there will be a mediation tomorrow (10/30/13) and he would have an update at next weeks meeting.

NO ACTION taken on this Item. 
 
G.
AI-41463
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator

Refer to Item 7.A.1 and 7.A.2.
 
H.
AI-41477
Potential Land Acquisition - Donna Bridge

NO ACTION taken on this Item.
 
I.
AI-41484
Potential Litigation - Electric Service Provider (Reliant) Sales Agreement

NO ACTION taken on this Item.
 
J.
AI-41466
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.
 
24.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
25.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
26.
 
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: 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 29th 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 29, 2013.

Signed this 29th day of October 2013




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


By: ____________________________
(Seal) , Deputy 
Virginia Jones