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Minutes for CC REGULAR

REGULAR MEETING - November 26, 2013

BE IT REMEMBERED, that on this 26th day of November A.D., 2013, there was begun and held a REGULAR 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
November 26, 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 Joe M. Flores.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Jaime Longoria 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 11.F to be pulled for discussion.
 
5.
 
Open Forum

Fern McClaugherty commented on Item 20.B.1 in regards to equipment. She asked what happened to all the equipment that was purchased by the Precinct when Sylvia Handy was in office.

Opal Billman stated she has been falsely imprisoned for years since her late husband’s death. She stated the Court took the incorrect action in her divorce and a divorce was never finalized. The Court did what they wanted with their community property and has attempted to take action against them to no avail.

Commissioner A.C. Cuellar, Jr. wanted to thank the other three Commissioners for their assistance during an emergency in Monte Alto. He was appreciative of their joint effort to alleviate the situation.

Frank Traver expressed his thoughts on the County’s hiring of consultants and asked whether the County could do the job just as well without paying consultants.

Justin Louise and Bill Stewart invited the Court and Public to an event held on January 4, 2014 for First Responders Recognition. Ticket prices will be at a reduced price for County Employees at $10 for those who would like to attend in support of our EMS and first responders.
 
6.
 
County Judge's Office:
 
A.
AI-41957
1.  Approval of UTPA Academic Partnerships Initiative for Hidalgo County Employees 



     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 for the Partnership Initiative and to appoint Karina Cardoza as Coordinator.

     Vote: 4 - 0 - Unanimously

2.  Announcement of Hidalgo County Employee Night at UTPA Men's Basketball Game on February 20, 2014

Karina informed the Court that because of this partnership with UTPA, UTPA would like to celebrate the partnership at this event.  The employees would get a special group rate for their attendance. 
Attachments:
 
B.
AI-41945
1. Report from the Rio South Texas Economic Council

A presentation by representatives from the Rio South Texas Economic Council (RSTEC), including Executive Director Alma Colleli, Chairman of the Board and McAllen Chamber of Commerce President Steve Ahlenius, and Executive Committee member Keith Patridge of McAllen Economic Development Corporation, gave an update on the activities of RSTEC. Mr. Ahlenius described future initiatives to launch an aggressive marketing campaign strategy to promote the Rio Grande Valley area for prospective businesses and industries. He also announced the reduction in membership dues for RSTEC to provide services such as engaging in marketing activities for the purpose of generating opportunities that will result in economic expansion and diversification in Hidalgo, Cameron, Willacy and Starr Counties and to promote a business and governmental climate that is conducive to successful economic development in such counties.

2. Discussion and approval of the service agreement for Rio South Texas Economic Council pursuant to LGC Sec. 381.004

     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. Approval of 2014 Membership Dues for the Rio South Texas Economic Council in the amount of $17,500.00 with authority for County Treasurer to issue payment after review and auditing procedures are completed by 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:
 
C.
AI-41931
Approval to authorize Valde Guerra, Executive Officer to sign documents pertaining to vehicle title and vehicle registration as required by the Texas Department of Motor Vehicles.
 

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

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

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

NO ACTION on Items 1 and 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

Judge Garcia commented that he had been told Mr. Wilson has not been given the plans. Valde Guerra expressed to Judge Garcia that Mr. Alcocer has been in contact with Mr. Wilson, but he will confirm and update the Court at a later time.

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

NO ACTION taken on this Item.

3) Emergency situations occurring since last agenda meeting

Mr. Valde Guerra gave an update on the incident at the Courthouse. The Courthouse had to be evacuted for approximately two (2) hours due to coils in the heating system causing heavy smoke throughout. Business resumed normally after 1 p.m.
 
8.
 
Constables:
 
A.
AI-41889
Constable Pct. 1 - LBSP FY2014 (1284): 
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY 2014 Grant with the Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.

     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

2. Authorization for County Judge, as authorized official, to sign required documents.

     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.
AI-41897
Constable Pct. 2:
Discussion, consideration and approval to appoint Andres Guzman Jr. as Reserve Deputy Constable by Constable, Martin Cantu, Constable Pct. 2 in accordance with Texas Local Government Code Section 86.012.
 

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

Attachments:
 
C.
AI-41850
Constable Pct. 2 - LBSP FY2014 (1284): 
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY14 grant with Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.
2.Authorization for County Judge, as authorized official, to sign required documents.  

     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 of Items 1 and 2.

     Vote: 4 - 0 - Unanimously

At this time, Item 11.A was discussed.
Attachments:
 
9.
 
Human Resources - Esther Cortez:
 
A.
AI-41751
Sheriff's Office (1100):
1. Approval of the following personnel actions, effective next full pay period, 12/02/2013:
Action Position Title Slot# Budgeted
Allowance Amount
Delete Clothing Allowance Deputy Sheriff 0122 $500.00
Delete Clothing Allowance Deputy Sheriff (Step II) 0166 $500.00
Add Clothing Allowance (Sr) Deputy Sheriff (Step III) 0162 $500.00
Add Clothing Allowance Deputy Sheriff (Step II) 0193 $500.00

2. Approval of revised salary schedule.

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

     Vote: 4 - 0 - Unanimously

At this time, Commissioner Joseph Palacios stepped away from the meeting.
 
10.
 
Sheriff's Office:
 
A.
AI-41905
Requesting Commissioners Court's approval of a finding and authorization, pursuant to Article 3, Section 52(a) of the Texas Constitution, Section (i), for the Hidalgo County Sheriff's Office to purchase consumable items and imprint the Sheriff's Office logo on said items, which will serve a public purpose, through our educational/instructional and training programs.  Items are introduced through these programs, while promoting our educational message, helping to interact with participants, thereby instilling, strengthening, and reinforcing our partnership and commitment to the citizens of Hidalgo County. 
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. 

, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-41852
Sheriff's Office - LBSP FY2014 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY14 grant with Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.

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

     Vote: 3 - 0 - Unanimously

2. Authorization for County Judge, as authorized official, to sign required documents.

     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:
 
C.
AI-41929
1. Authorization to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2012 (3rd phase) and authorization for County Judge, as authorized official, to sign (and initial) required documents.

     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

2. Authorization to pay Overtime reimbursable under the grant terms and conditions.

     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

3. Approval of Certification of Revenues as certified by the County Auditor for the FY 2012 Operation Stonegarden Grant (3rd phase).

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

     Vote: 3 - 0 - Unanimously

4. Approval to appropriate the budget for Sheriff's Office portion of the FY 2012 Operation Stonegarden Grant (3rd Phase) in the amount of $141,640.81. 

     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

5. Approval to appropriate the budgets for the (12) twelve cities' portion of the FY 2012 Operation Stonegarden Grant (3rd phase) in the amount of $156,680.79.
 
  City of 3rd Phase
1  Alamo  8,090.58
2  Donna 10,616.32
3  Edinburg 39,576.71
4  Hidalgo 11,488.46
5  La Joya 5,114.33
6  Mercedes 6,520.81
7  Mission 10,659.09
8  Palmview 9,835.48
9  Penitas 7,072.41
10  Pharr 27,060.00
11  San Juan 9,415.85
12  Weslaco 11,230.75
  Total 156,680.79
 
     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

The Court proceeded to Item 13.A.
 
11.
 
Tax Office - Paul Villarreal:
 
A.
AI-41739
Discussion, consideration and approval to execute an interlocal agreement between the County of Hidalgo and the City of Pharr for Scofflaw vehicle registration denial 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

The Court proceeded to Item 9.A.
 
12.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Health Care Funding District:
 
1.
AI-41580
a.  Public Hearing to consider public comments concerning the amount of mandatory payments required to be paid by paying hospitals for fiscal year 2014 and how the revenue derived from those payments is to be spent.

Judge Garcia opened the public hearing.  The purpose of the HCHFD is receive revenue from the federal government to help the Hidalgo County pursuant to Senate Bill 1623, which specifically addressed Webb, Cameron and Hidalgo County to maximize matched funds available from the Federal Government CMS  to assist Indigent Health Care, and other programs. At this moment in time, no determination has been made as to how much will be contributed or utilized by the hospitals. The list of hopitals will be provided at a later time.  The fee is levied toward hospitals not toward taxpayers.  Carlos Zaffirini, Hidalgo County Clinical Services, expressed that they have been in communication with the State and the Hospitals; the programs included are what need to be desiphered.  Fern McClaugherty commented that although it is said that the fees will not be passed on to the public, but asked when do hospitals not pass on expenses to the patients.  Mr. Olivarez stated that the hopitals will be penalized if that were found to be factual.The public hearing was to inform the public about Senate Bill 1623 and the upcoming and possible action to be taken.  Additional data is underway.

With no further comments, Judge Garcia closed the public hearing.

b. Consideration and Possible Approval of mandatory payment to be assessed quarterly by the Hidalgo County Health Care Funding District on the net patient revenue of an institutional health care provider and how the revenue derived from those payments is to be spent.
c. Consideration and Possible Approval for the Hidalgo County Tax Assessor/Collector to collect the mandatory payments required by Hidalgo County Health Care Funding District.
d. Consideration and approval to assess mandatory payment & set assessment date

NO ACTION taken on Items b - d.
Attachments:
 
2.
 
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.

At this time, the Court proceeded to Executive Session.
 
13.
 
IT Department - Renan Ramirez
 
A.
AI-41922
Requesting approval of the following claim/invoice 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 Vendor Amount
09/03/13 803358989 AT & T Long Distance $250.60
10/03/13 803358989 AT & T Long Distance $313.75
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-41700
Comm. Pct. 4:
Authorization and approval to change the name on wireless devices to Office Use through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:

Description: Employee Name / Employee ID: Transfer Name To: MDN:
Cell Phone Name Change Juan R. Garcia / 176265 Office Use 956-648-8733
Cell Phone Name Change Jaime Guerra / 128295 Office Use 956-279-5789

     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

At this time, Commissioner Joseph Palacios joined the meeting.
Attachments:
 
14.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-41729
1. Authorization and approval to accept the Memorandum of Understanding between the Hidalgo County HIDTA Task Force and Texas Alcohol & Beverage Commission. 

     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 appropriation of funds in the amount of $10,000.00

     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:
 
15.
 
Urban County - Diana Serna:
 
A.
AI-41811
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering 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: 4 - 0 - Unanimously

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering firms from the county’s approved “pool” as graded and evaluated by the City of La Villa, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 16, 18, 23, 24 & 25 (2003, 2005, 2010, 2011 & 2012) City of La Villa – Water/Sewer Improvements funds.
Professional Service Firm Grade Ranked
Dannenbaum Engineering 98%  1
Melden & Hunt, Inc. 88%  3
Guzman & Muñoz Engineering 88%  2

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

     Vote: 4 - 0 - Unanimously

3. Authority to negotiate a professional engineering service contract with the highest ranked firm DANNENBAUM ENGINEERING for a Urban County Program Years 16, 18, 23, 24 & 25 (2003, 2005, 2010, 2011 & 2012) City of La Villa - Water/Sewer Improvements 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:
 
B.
AI-41862
The Urban County Program on behalf of the city of Palmview, is requesting consideration and action to award and enter into a construction contract with Texas Cordia Construction , LLC for a 2011 Street Improvements project in the amount of $344,169.00, utilizing funds from the UCP Year 23, 24 & 25 (2010, 2011 & 2012 Street Improvements line item).
 

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.
AI-41818
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for 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

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering firms from the county’s approved “pool” as graded and evaluated by the City of Weslaco, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 26 (2013) City of Weslaco – Water/Sewer Improvements funds.
Professional Service Firm Grade Ranked
DOS Logistics, Inc 94%  1
LeFEVRE Engineering 93.33%  2
TEDSI Infrastructure 92.33%  3

     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

3. Authority to negotiate a professional engineering service contract with the highest ranked firm DOS LOGISTICS, INC. for a Urban County Program Year 26 (2013) City of Weslaco - Water/Sewer Improvements project.

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

     Vote: 4 - 0 - Unanimously
Attachments:
 
16.
 
Head Start Program - Teresa Flores:
 
A.
AI-41831
2014 Office of Head Start Monitoring Protocol Review Questions

Ms. Teresa Flores announced that Head Start will have their Federal Review coming soon and wanted to share the questions and answers with the Court for their review.
 
B.
AI-41815
Discussion/Approval 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 45CFR Chapter XIII, 1304.50(b)(1)-(b)(7) - (Commissioner Hector "Tito" Palacios"
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to appoint former PSJA School Board Member, Pedro "Pete" Garcia from San Juan.

Vote: 4 - 0 - Unanimously

 
C.
AI-41804
Discussion/Revision/Approval of the 2013-2014 Training and Technical Assistance Plan and Calendar - Policy Council and Grantee Board
 

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:
 
D.
AI-41801
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to the County's Surplus Department for Proper Disposition

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

     Vote: 4 - 0 - Unanimously

At this time, the Court proceeded to Item 12.

The Court proceeded to the remainder of the Agenda after Executive Session.
Attachments:
 
17.
 
Planning Department - Raul Sesin:
 
A.
AI-41802
1. Reimbursement of Financial Guarantee
a. Vista Ridge Acres Phase IV – Pct. 1 (Landco.)
 

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

 
18.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-41932
1. Approval of interlocal agreement between the City of Pharr and the County of Hidalgo, Tx to install check valves inside a storm sewer pipe in the City in which storm sewer pipe empties into the South Floodwater Channel for the 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

2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the interlocal cooperation agreement project to assist the City of Pharr in the installation of check valves inside a storm sewer pipe in the city for the 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
 
19.
 
Budget & Management - Sergio Cruz:
 
A.
AI-41874
Discussion, consideration, and authorization to maintain TCDRS plan provisions for Plan Year 2014. 
 

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

Vote: 3 - 0 - Unanimously

 
B.
AI-41808
TxDOT:
1. Discussion and action of Economically Disadvantaged County (EDC) Program Application and Affidavit for FM 1925 from Kenyon Road to FM 907 - CSJ: 1803-02-028

2. Discussion and action of Economically Disadvantaged County (EDC) Program Application and Affidavit for FM 1925 from 10th Street to McColl Road - CSJ: 1803-01-092

3. Discussion and action of Economically Disadvantaged County (EDC) Program Application and Affidavit for North Alamo Road from FM 1925 to 0.5 mile North - CSJ: 0921-02-311

4. Discussion and action of Economically Disadvantaged County (EDC) Program Application and Affidavit for 11st Street - 0.70 miles East of FM493 at Drainage Ditch - CSJ: 0921-02-304

5. Discussion and action of Economically Disadvantaged County (EDC) Program Application and Affidavit for Chapin Road-0.25 miles East of FM 2061 at Drainage Ditch - CSJ: 0921-02-305
 

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 - 5.

Vote: 3 - 0 - Unanimously

 
C.
 
Budget Appropriations:
 
1.
AI-41842
JAG Grant (1282):
Approval of appropriation of the FY 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) funds in the total amount of $56,980.00.
 

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

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

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-41914
Requesting approval of Change Directive No. 1 in connection with the "Repairs and Renovations-1st and 2nd Floors to the Former Administration Building" from contracted vendor, D. Wilson Construction Company, and as recommended by project architect, Alcocer Garcia Associates with authority for County Judge or Court member to execute document.

Mr. Eufracio noted there was a need for a correction on the item. Vangie stated the correction was submitted to the backup. Mr. Valde Guerra informed the Court that there is a meeting scheduled for tomorrow to clarify certain issues.

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

Vote: 3 - 0 - Unanimously
Attachments:
 
2.
AI-41951
Presentation for discussion, consideration and applicable action for the engagement of professional consulting services provider in connection with securing funding from: Settlement BP Deepwater Horizon Restoration Project including, but not limited to, the following options:

Frank Traver expressed to the Court that he believes the Count is competent and could process the claim on their own instead of hiring a consulant on a contingent basis. 

The motion by Commissioner Joseph Palacios and second was withdrawn after clarification of the Item.

A.  Exemption from competitive bidding requirements under Texas Local Government Code, Chapter, 262.024(a)(4) a professional service to negotiate an agreement;

B.  Procure a professional consulting services contract by formally publishing/advertising a solicitation for a Request for Proposals (with qualifications) for same.

Commissioner Joseph Palacios commented that due to there only being 3 members of the Court currently present, it would be best to bring the Item back at a later date.

NO ACTION taken on Items A and B.
 
3.
AI-41632
Presentation for the purpose of bid and contract to the responsible vendor submitting lowest and best bid received as detailed in tabulation sheet contained herein (meeting all specifications and/or requirements) for: Bid titled: Hidalgo County-"Punched & Drawn Biaxial Geogrid Reinforcement Material"-project No.: 2013-254-10-09-SGS.
 

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

Vote: 3 - 0 - Unanimously

 
4.
AI-41705
430th Judicial District Court:
Requesting approval of the following claims/invoices with ASG SECURITY for monitoring services provided to the 430th Judicial District Court 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 Amount Account #
09/01/2013 22846885 ASG Security $28.99 3-1100-412-00-010-001-0-413
10/01/2013 23009818 ASG Security $28.99 3-1100-412-00-010-001-0-413
 

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: 3 - 0 - Unanimously

Attachments:
 
5.
AI-41641
Acceptance and approval of agreements (as listed/detailed below) for monitoring services with ASG Security for the duration of term for each of the agreements including the continuation of services through the life term of the equipment in place by user department with the authority to execute and signing of  agreements by County Judge or Court Member:

a.  Precinct No. 1-Two (2) locations at the Precinct One Offices @ $30.49/Monthly each site
     Precinct No. 1-28312 FM 88-Edcouch Site @$30.64/Monthly
     Precinct No. 1-Delta Lake Park @27.44/Monthly 
     Assigned requisitions for Precinct One are:  246857-246878-246843;

b.  Precinct No. 4-1051 N. Doolittle Rd. @$26.39/Monthly thru Req. #245300;

c.  Tax Assessor & Collector-300 W. Hall Acres, Ste. C-Pharr @$22.99/Monthly thru PO#699696
     Tax Assessor & Collector-722 Breyfoggle-Mission @$18.99/Monthly thru PO#689655
    
Tax Assessor & Collector-1902 Joe Stephens-Weslaco @$18.99/Monthly thru PO #691514; 

d.  430th District Court -1115 S. 9th St.-Edinburg @ $28.99/Monthly thru Req. #246892
 

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 Items a - d.

Vote: 3 - 0 - Unanimously

 
6.
AI-41938
Acceptance and approval of Work Authorization #4 (with an estimated cost of $4,900.00) as submitted by R. Gutierrez Engineering Corporation for Gearhart Drive Road & Drainage Improvement Project,  through Contract#12-314-01-29.
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
 
Pct. 1
 
1.
AI-41881
Acceptance and approval to purchase the following listed heavy equipment through Hidalgo County's membership/participation with National Joint Powers Alliance (NJPA) and BuyBoard Cooperative Purchasing as follow:
 
a)  Two (2) New 2013 DOOSAN DL-250 Loader (Integrated Tool Carrier) with standard equipment for total not to exceed in the amount of $318,544.00 with H&V Equipment thru BuyBoard Contract #424-13 thru assigned requisition #247512;

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

     Vote: 3 - 0 - Unanimously

b)  Two (2) New 2013 JD770G Motorgraders for total not to exceed in the amount of $532,752.43 with Doggett Heavy Machinery thru BuyBoard Contract #424-13 thru assigned requisition 247508;
 
     On motion by COMMISSIONER PCT.  1, A.C. CUELLAR, JR., , seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

c)  Two (2) New 2014 Cat Model CT660 Dump Trucks with standard equipment in addition to the additional specifications for total not to exceed in the amount of $238,164.44 thru the National Joint Powers Alliance Contract #060311-CAT thru assigned requisition #247523.

     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 Joseph Palacios commented to Commissioner Cuellar that he was glad Precinct 1 is finally getting much needed equipment. Mr. Raul Lozano also commented that the equipment they currently have are becoming out of date and continously having issues.  Hauling has been at no expense due to having the equipment needed and was grateful to the Commissioners for all of their support and assistance.
 
 
C.
 
Pct. 2
 
1.
AI-41711
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services -Geotechnical and Construction Materials testing.

     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. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional engineering services -geotechnical and construction materials testing services for (as needed basis) for various precinct projects in Precinct No. 2.
 
Evaluation Raba- Kistner Terracon PSI
Evaluator 1 98 95 93
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: 3 - 0 - Unanimously

C. Authority for the Purchasing Department to negotiate a professional engineering services geotechnical and construction materials testing services contract with the No. 1 ranked firm of RABA-KISTNER for: (as needed basis) for various precinct projects in Precinct No. 2.

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

     Vote: 3 - 0 - Unanimously
Attachments:
 
2.
AI-41721
Requesting approval to rescind action taken by Commissioners Court on September 24, 2013 on AI#40850 including the cancellation of Work Authorization No. 4 as requested by Godinez Communications  (C-11-117-08-02) and agreed by Precinct No. 2 due to the  vendor's workload schedule and the inability of delivering the task services by scheduled time frame as detailed in the work autorization. 
 

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:
 
3.
AI-41906
A. Pursuant to review by (legal counsel DA's Office) of Hidalgo County Procurement Packet Legal Notice, paragraph #2, requesting action to waive formality (missing signature on bid form) including the authorization to permit the signing of same by vendor, Holchemont, LTD in connection with Hidalgo County Precinct No. 2 Project titled- Equipment and Maintenance Facility (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

B.  Presentation by project architect, ERO Architects, recommending Commissioners' Court  award the Base Bid with Alternates 1, 2, and 3 (attached herein) to the responsible vendor submitting the lowest and best bid, Holchemont, LTD in the total amount of $1,585,000.00 (which includes Alternates 1, 2, & #3) for the construction project of a New 2 “Equipment and Maintenance Facility” located in Precinct #2 under Bid No. 2013-096A-11-13-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 subject to funding.

     Vote: 3 - 0 - Unanimously
 
D.
 
Auditor's Office
 
1.
AI-41895
Request by Hidalgo County Auditor for acceptance and approval of specific additional services agreement for a proposed amount of  $3,750.00 as submitted by "Arbitrage Compliance Specialists" under current contract #E-13-139-05-15 for completion of "Arbitrage Compliance Computations" for years 2004 and 2007 tax notes as required by the United States Treasury, Internal Revenue Services ("IRS") for the tax-exempt debt as detailed under Exhibit "A".
 

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

Vote: 3 - 0 - Unanimously

 
E.
 
Tax Office:
 
1.
AI-41554
A.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code, 262.024 (a) (7) (A);

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

     Vote: 3 - 0 - Unanimously

B.  Acceptance and approval of a "Sole Source Declaration" with RT Lawrence Corporation (RTL) for the mail deposit processing system and the "Software License Agreement and Total System Support Service" with said sole source designation remaining in effect as long as the Tax Office posses and utilizes the hardware and software commencing upon Commissioners Court action;

     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  the purchase of a new Mail Deposit Processing System including Software License Agreement and Total System Support Services to assist in the processing of Tax Statements within the Hidalgo County Tax Office;

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

     Vote: 3 - 0 - Unanimously
 
21.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, 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-41883
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator
 
D.
AI-41954
Civil Action No. 7:13-CV-00496; Adriana Mora as Next Friend of Brian Mora Valadez, incapacitated v. Hidalgo County, Texas
 
E.
AI-41885
County v. MERS (Mortgage Electronic Registration Systems)
 
F.
AI-41898
Claim of Luis E. Escobar

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

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

NO ACTION taken on this Item.
 
C.
AI-41884
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator

NO ACTION taken on this Item.
 
D.
AI-41955
Civil Action No. 7:13-CV-00496; Adriana Mora as Next Friend of Brian Mora Valadez, incapacitated v. Hidalgo County, Texas

NO ACTION taken on this Item.
 
E.
AI-41886
County v. MERS (Mortgage Electronic Registration Systems)

NO ACTION taken on this Item.
 
F.
AI-41899
Claim of Luis E. Escobar
 

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 $194.45.

Vote: 3 - 0 - Unanimously

 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

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

NO ACTION taken on this Item.
 
25.
 
Adjourn
 

On motion by COMMISSIONER PCT. 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 26th day of November, 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 November 26, 2013.

Signed this 26th day of November 2013




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


By: ____________________________
(Seal) Virginia Jones, Deputy