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Minutes for CC REGULAR

SPECIAL MEETING - January 21, 2014

BE IT REMEMBERED, that on this 21st day of January A.D., 2014, 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 JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

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
January 21, 2014
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.
 
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. Judge Garcia asked for a moment of silence for former Hidalgo County Commissioner Oscar Garza.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda.
 
5.
 
County Judge's Office:
 
A.
AI-42718
Presentation by Albert Morales of Advocacy Alliance Center of Texas in recognition of Yvonne Ramon, Elections Administrator.

Mr. Albert Morales, Advocacy Alliance Center of Texas (AACT) Project Coordinator, presented Yvonne Ramon, Hidalgo County Elections Administrator, with a plaque in appreciation for her service as a former AACT Board Member. AACT was established to unite community organizations, hospitals, businesses, large employers, schools, universities and financial institutions, as well as various state and national partnerships to cultivate voter empowerment in South Texas. Ms. Ramon thanked the Court and AACT for the recognition.
 
B.
AI-42602
Recognition of Adelita Figueroa-Munoz for receiving the Superior Service Award in the Distinguished Career Category from the Texas A&M AgriLife Extension Service – Director’s Office

Ms. Figueroa-Munoz was recognized for an exemplary career of almost 43 years, which began in 1971 when she was hired as the AgriLife Extension agent for the Expanded Nutrition Program. The award was presented to Figueroa-Munoz on January 8, 2014, at the agency's Centennial Conference in College Station, Texas. Judge Garcia congratulated her on the distinguished honor.
 
C.
AI-42607
1. Approval to apply for the Juvenile Accountability Block Grant (JABG) for 2014 from the Governor's Criminal Justice Division (CJD).

     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: 5 - 0 - Unanimously

2. Authorization for County Judge to sign (electronically certify) application as authorized official.

     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: 5 - 0 - Unanimously

3. Approval of resolution to apply for the Juvenile Accountability Block Grant (JABG)

     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: 5 - 0 - Unanimously
 
6.
 
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. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval as it pertains to Item 21.C: Potential Litigation - Cause #7:13-cv-00602; Johnny Earl Course v. Guadalupe "Lupe" Trevino, et al.

Vote: 4 - 0- Unanimously

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 pertains to Item 21.D: C-0108-14-B; Shelia Pruitt-Orr v. City of Hidalgo & Hidalgo County.

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 pertains to Item 21.C: Potential Litigation - Cause #7:13-cv-00602; Johnny Earl Course v. Guadalupe "Lupe" Trevino, et al.

Vote: 4 - 0 - Unanimously

2. Requesting engagement with the firm of ATLAS, HALL AND RODRIGUEZ 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 pertains to Item 21.D: C-0108-14-B; Shelia Pruitt-Orr v. City of Hidalgo & Hidalgo County in which the firm will only represent Hidalgo County.

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

Mr. Alex Palacios, Prodigy Construction Management, presented a status report to the Court and Audience. He noted the development made with a slideshow. Mr. Eufracio suggested the Court allow Prodigy sign off on the architects invoices due to them being the representative of the County and the fact that they are on site overseeing the project. Legal counsel noted that it would still be a good idea for the county to remain involved in signing the invoices. The best estimate for the completed project would be November 20, 2014, given that D. Wilson receives documentation on time.

2) Update on other ongoing county owned building construction and renovation repair projects

NO ACTION taken on this Item.

3) Emergency situations occurring since last agenda meeting

NO ACTION taken on this Item.

Commissioner Joseph Palacios stepped away from the meeting.
Attachments:
 
C.
AI-42562
Update on 2013 Services Provided by Tropical Texas MHMR

Mr. Terry Crocker, Chief Executive Officer, presented a slideshow to the Court and Audience giving a summary of what their organization does and has accomplished.  Tropical currently has four locations and have currently opened a new location to replace the current building in Harlingen.  He summarized the types of mental health cases that are handled by their offices. He was pleased to report that they currently have no youth waiting list and they foresee the adult waiting list to disapate by the end of the year. He also breifly discussed the 1115 Waiver Projects underway.  Judge Garcia asked Mr. Crocker if there should be a policy in place to establish who will be responsible for certain emergency situations.  Mr. Crocker stated that it would be a good idea.
Attachments:
 
7.
 
Constables:
 
A.
AI-42543
CONSTABLE PCT 4:
Requesting approval to process the following invoices as claims with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:
 

Vendor Invoice No. Date Invoice Amount
Lexis Nexis 12802H-20130930 9/30/2013 $174.00
Lexis Nexis 12802H-20131031 10/31/2013 $174.00

 

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.

Vote: 4 - 0 - Unanimously

Attachments:
 
8.
 
Human Resources - Esther Cortez:
 
A.
AI-42741
Precinct #3- Parks (1100) / Executive Office (1100):
1.  Approval of the following personnel actions: 
Action Dept/
Program
Slot
#
Position Title Proposed
Budget Salary
Delete 123-008 0002 Park Coordinator $39,963.00
Create 125-001 0018 Environmental Compliance Monitor II $39,963.00

2.  Approval of interdepartmental transfer.
3.  Approval of revised salary schedules.
 

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 Items 1, 2, and 3.

Vote: 4 - 0

Attachments:
 
9.
 
Sheriff's Office:
 
A.
AI-42521
1.  Approval to authorize for the Hidalgo County Sheriff's Office to continue participation in the Texas 1033 Surplus Property Program.

     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.

     Vote: 4 - 0 - Unanimously

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

     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: 4 - 0 - Unanimously

At this time, Commissioner Joseph Palacios joined the meeting.
Attachments:
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-42575
HidalGo Fit Program Update

Mr. Eddie Olivarez, Hidalgo County Health and Human Services (HCHHS) Chief Administrator and several Committee Members presented the court with an update on the HidalGO FIT Wellness Program. HidalGO FIT is led by HCHHS, in conjunction with several County departments, and is designed to improve the health and well-being of employees through physical activity and better life style choices, in order to reduce the prevalence of chronic diseases, such as diabetes, high-cholesterol and obesity, and their related complications. Mr. Olivarez and the committee members spoke about the initiatives they are developing to promote the new program, which include the creation of a HidalGO FIT Newsletter that will contain important health information and highlight the services the county's insurance provider Blue Cross Blue Shield has to offer, such as the newly added 24 Nurse Hotline. HidalGO FIT will also be conducting wellness fairs for employees so they may take advantage of the various health and blood screenings variable. HidalGO FIT is in the beginning phases of the program and committee members are working together with the different county departments to develop more initiatives.
 
B.
AI-42623
Discussion and update on the amendments to the existing Hidalgo County Rules for Regulation of Food Establishments in the Unincorporated Area of Hidalgo policy.

Mr. Eddie Olivarez explained that many concerns and questions have arisen in regards to the Mobile Food Vendor Policy which have caused the current policy to be reevaluated.  Mr. Olivarez presented the various points they would like to address to provide a safe and sanitary environment. They would like to have a public hearing to educate the general population on this issue and they would like the amended policy to be in effect by mid-February. 
 
C.
AI-42551
Pursuant to Chapter 121 Local Public Health Reorganization Act; Sec.121.006, requesting approval of the Full-Pay Schedule of Fees to be effective 01/21/14. 
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
D.
AI-42550
Requesting approval to accept the Interlocal Cooperation Agreement between Hidalgo County and City of Edcouch.  The purpose of the Agreement is for County to transfer surplus animal cages to City in accordance with Texas Local Government Code 263.152.
 

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: 5 - 0 - Unanimously

 
E.
AI-42556
1. Requesting approval of the Equipment Purchase Agreement with Superior Alarms with approval to have county judge sign the Agreement.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

Commissioner Joe Flores stepped away from the meeting.

2. Requesting approval of the Superior Alarms Commercial Alarm Monitoring Agreement and the Addendum for the following Health Dept. clinic locations with approval to have county judge sign the Agreements and Addendum. 
Clinic Location Monitoring Services
 Edinburg  3105 E. Richardson  Security Monitoring
 Elsa  708 Edinburg  Security Monitoring
 McAllen  300 E. Hackberry  Security Monitoring
 Pharr  300 W. Hall Acres  Security Monitoring
 Weslaco  1901 N. Bridge  Security Monitoring
 Edinburg Clinic 3105 E. Richardson  Fire Monitoring
 Weslaco 1901 N. Bridge  Fire Monitoring
 Mission 211 N. Schuerback Rd.  Fire & Security Monitoring
 Edinburg Central Office 1304 S. 25th Ave  Security Monitoring

     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.
AI-42544
Consideration and approval to assess mandatory payment & set assessment dates for Fiscal Year 2014 for the Hidalgo County Health Care Funding District.
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
G.
AI-42662
1. Requesting approval to accept the RLSS / LPHS grant Amendment #2014-001052-01.  The purpose of this amendment is to increase the contract amount by $24,021.00.   

     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

2. Requesting approval of the Certification of Revenue as certified by the County Auditor.

     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. Requesting approval to appropriate the increase in funding in the amount of $24,021.00.

     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

 
H.
AI-42571
Requesting approval to process the following invoices from Superior Alarms  as claims after auditing procedures are completed by county auditor.
Location Date Invoice No. Period Amount
Pharr 01/01/13 424192 01/01/13 - 06/30/13 $90.00
Pharr 07/01/13 443391 07/01/13 - 12/31/13 $90.00
Elsa 03/01/13 429257 03/01/13 - 08/31/13 $120.00
Elsa 09/01/13 448312 09/01/13 - 02/28/14 $120.00
Edinburg (1)  03/01/13 429256 03/01/13 - 08/31/13 $360.00
Edinburg (1) 09/01/13 448311 09/01/13 - 02/28/14 $360.00
McAllen 04/01/13 433986 04/01/13 - 09/30/13 $120.00
McAllen 10/01/13 452834 10/01/13 - 03/31/14 $120.00
Weslaco 05/01/13 435689 05/01/13 - 10/31/13 $120.00
Weslaco 11/01/13 454668 11/01/13 - 04/30/14 $120.00
Edinburg 05/01/13 435688 05/01/13 - 10/31/13 $240.00
Edinburg 11/01/13 454667 11/01/13 - 04/30/14 $240.00
Mission 09/19/13 451201 09/01/13 - 02/28/14 $120.00
      Total $2,220.00
 

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:
 
I.
AI-42569
Requesting approval to process the following invoices as claims after auditing procedures are completed by county auditor. 
Vendor Account No. Invoice Date Amount
Time Warner 8260180040016386 09/06-10/05 $272.75
Time Warner 8260180040016386 10/06-11/05 $272.75
Time Warner 8260180040016386 11/06-12/05 $272.75
Time Warner 8260180040016386 12/06-01/05 $273.10
    Total $1,091.35

 

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:
 
J.
 
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.
 
K.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

NO ACTION taken on this Item.
 
11.
 
IT Department - Renan Ramirez
 
A.
AI-42597
2013 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
07/03/2013 8260 18 035 0341754 Time Warner Cable $644.92
07/23/2013 8260 18 035 0341754 Time Warner Cable $644.92
08/23/2013 8260 18 035 0341754 Time Warner Cable $670.36
09/23/2013 8260 18 035 0341754 Time Warner Cable $658.75
10/23/2013 8260 18 035 0341754 Time Warner Cable $688.97
11/23/2013 8260 18 035 0341754 Time Warner Cable $698.87
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
12.
 
Urban County - Diana Serna:
 
A.
AI-42528
 Requesting approval to amend the Proyecto Azteca Community-Based Development Organization (CBDO) contract, under the Neighborhood Stabilization Program (NSP3). The amendment will reallocate $80,000 to be utilized for an additional single-family housing unit.
 

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.
AI-42674
 
The Urban County Program on behalf of Hidalgo County Precinct No. 3, is requesting consideration and action to award and enter into a construction contract with Foremost Paving, Inc. for a Street Improvements project in the amount of $351,280.00, utilizing funds from the UCP Year 17, 21, 23 & 24, (2004, 2008, 2009, 2010 & 2011 Street Improvements line item).
 

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-42598
 1. Requesting approval of an "order" granting an exemption from competitive bidding requirements under Texas Local Gov't. Code, Chapter 262, Section .024 (a)(7) "an item that can only be obtained from only one source." 

     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. Approval of a "Sole Source Declaration" with authority to enter into a "Contribution-In-Aid-of-Construction Agreement" with AEP Texas Central Company in the amount of $24,158.34 for the installation of primary poles and street lights within the City of La Joya.

     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-42580
 Request approval to declare and dispose the assets listed on Exhibit “A” and Exhibit “B” surplus and
clear inventory list.
 

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:
 
13.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-42667
Requesting approval of the following invoice as a claim with authority for the County Treasurer to issue payment after review, audit and processing procedures are completed by the County Auditor.

Invoice Date Vendor Invoice # Amount
11/20/13 Information Management Solutions 18052   $450.00
 
 

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.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-42728
1. Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between Hidalgo County and City of Weslaco for the Mile 9 N (Mile 6W to Mile 5 1/2W) - Sugarcane Rd. 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

2.  Acceptance and approval of the Interlocal Cooperation Agreement Project pursuant to the approval of the Interlocal Agreement stated above.

     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:
 
15.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-42727
Requesting approval of the following claims/invoices with authority for County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

ROAD MAINTENANCE:
Date Invoice # Vendor Name Invoice Amt. Account #
06/30/2013 00523362 Weldinghouse Inc.   89.27 3-1200-431-00-122-006-0-442
07/31/2013 00526029 Weldinghouse Inc.   87.79 3-1200-431-00-122-006-0-442
08/31/2013 00528604 Weldinghouse Inc.   85.66 3-1200-431-00-122-006-0-442
09/30/2013 00531143 Weldinghouse Inc.   82.89 3-1200-431-00-122-006-0-442
10/31/2013 00533891 Weldinghouse Inc.   85.66 3-1200-431-00-122-006-0-442
11/30/2013 00536216 Weldinghouse Inc.   82.89 3-1200-431-00-122-006-0-442
12/31/2013 00538508 Weldinghouse Inc.   85.66 3-1200-431-00-122-006-0-442
    Total $599.82  

CW SHOP:
Date Invoice # Vendor Name Invoice Amount Account #
06/30/2013 00523308 Weldinghouse Inc.  12.75 3-1200-431-00-122-004-0-442
07/31/2013 00525974 Weldinghouse Inc.   8.72 3-1200-431-00-122-004-0-442
08/31/2013 00528552 Weldinghouse Inc.   6.59 3-1200-431-00-122-004-0-442
09/30/2013 00531092 Weldinghouse Inc.   6.38 3-1200-431-00-122-004-0-442
10/31/2013 00533839 Weldinghouse Inc.   6.59 3-1200-431-00-122-004-0-442
11/30/2013 00536164 Weldinghouse Inc.   6.38 3-1200-431-00-122-004-0-442
12/31/2013 00538456 Weldinghouse Inc.   6.59 3-1200-431-00-122-004-0-442
    Total $54.00  
 

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:
 
16.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-42751
1.  Approval of Agreement between the County of Hidalgo, Texas and North Alamo Water Supply Corporation

     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 Legal Counsel review after subdivision plat has been provided.

     Vote: 4 - 0 - Unanimously

2.  Approval of Modified Non-Standard Water/Sewer Service Agreement

     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.
AI-42746
Right of Way:
Approval of land acquisition from Kurt & Jennifer Morgan - Alberta Drain, Parcel 3

This Item was voted on during Open Session, Commissioner Joe Flores was not present for the vote.
 

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-42745
Right of Way:
Approval of land acquistion from Jose & Abel Salazar - Alberta Drain, Parcel 1 

This Item was voted on during Open Session, Commissioner Joe Flores was not present for the vote.
 

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:
 
17.
 
Budget & Management - Sergio Cruz:
 
A.
AI-42736
Status update and discussion on refunding of outstanding bonds.

Sergio Cruz, Hidalgo County Budget and Management Officer discussed the favorable and unfavorable refunding of the bonds at this time. He commented that they will be having a workshop to include Estrada and Hinojosa and First Southwest. Judge Garcia and Commissioner Joseph Palacios feel the missed opportunity is disturbing.  They would like to meet with the financial advisor next week.
 
B.
AI-42737
Presentation and discussion on Capital Improvement Fund request for repairs and renovations to the Hidalgo County Detention Center.  

NO ACTION taken on this Item.
 
C.
AI-42369
Sanitation Program
Presentation and discussion regarding options and alternatives concerning the possible privatization of solid waste collection in Hidalgo County.

At this time, Commissioner Joe Flores joined the meeting.


Mr. Cruz presented options for the collection of rural waste and trash from residents across the county. He expressed the advantages and disadvantages of franchising the rural collection process and the affect it would have on Hidalgo County residents and local haulers. The County has looked into reorganizing the Sanitation Program as an expenditure reducing initiative. He explained that by modifying the current sanitation functions and responsibilities, Hidalgo County will encourage economic development, help reduce fiscal deficits and encourage environmental awareness.

 
D.
AI-42753
Precinct No.3 TxDOT-SH364

1. Acceptance and approval on Advance Funding Agreement-Amendment#1 for SH364 from (SH495 to FM1924) TxDOT project CSJ: 2966-01-009 

2. Authority for County Judge to sign Advance Funding Agreement-Amendment#1

     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 subject to TXDOT clarification. 

     Vote: 5 - 0  Unanimously
Attachments:
 
E.
AI-42549
1115 WAIVER PROGRAM (1100):
1. Approval to undesignate the amount of $4,164,601.85 in the year 2014 for expenditures related to the 1115 Waiver 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: 5 - 0 - Unanimously

2. Approval of 2014 appropriation of funds in the amount of $4,164,601.85 to fund program expenditures.

     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: 5 - 0 - Unanimously
 
F.
 
Budget Appropriations:
 
1.
AI-42446
Pct. #4 Drainage Improvement Project (1200):
a. Approval of Certification of Revenues as certified by the County Auditor for Pct. #4 Drainage Improvement Project Labor Reimbursements.
b. Approval of 2013 appropriation of funds for Pct. #4 Drainage Improvement Project (program 036) in the amount of $62,838.30 (Labor Reimbursements - January & February 2013).
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
18.
 
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-42652
Acceptance of the responses received as "qualified" for award for: "Title Company Services-POOL" (as listed in the RFP Acceptance Sheet attached hereto) and approval of the contract(s). (RFP No.: 2013-152-10-09-CGA)

Ms. Marty Salazar informed the Court of the two title companys being Sierra Title and Valley Land Title.
 

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: 5 - 0 - Unanimously

 
2.
AI-42568
Requesting action to amend AI-42466 (CC 1/7/14) for vehicle maintenance and repair services for county owned vehicles and equipment / heavy equipment / machinery parts & repairs from the vendors identified and detailed on attached list through the established and approved procedures for the requisition and purchase order process
 
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
3.
AI-42560
Acceptance and approval of pre-qualified firms submitting Statements of Qualifications for establishment of a “Pool” (as listed on the RFQ Acceptance Sheets attached hereto) for engagement through the established statutory and local protocol (i.e. nomination by user, ranking by cc, negotiation of an agreement, etc.) on an “As Needed basis” per project by all County Departments and/or applicable Programs requiring said services as set forth in the requirements stated in the County’s Request for Qualifications packet for the following listed Professional Services:

At this time, Commissioner Joe Flores stepped away from the meeting.

Ms. Marty Salazar informed the Court that Item (e) includes a disclaimer due to the vendor being her son.  She stated no interest in the services of the buisness and will have Mr. Valde Guerra handle that Item.

a. Architectural Services (RFQ No. 2014-002-12-11-YSS)
b. Engineering Services (RFQ No. 2014-003-12-11-YZV)
c. Engineering Services -Geotechnical & Construction Materials Testing (RFQ No. 2014-004-12-11-SMA)
d. Construction Management Services (RFQ No. 2014-005-12-11-MSS)
e. Real Estate Appraiser Services (RFQ No. 2014-006-12-11-SGS)
f. Surveyor Services (RFQ No. 2014-007-12-11-MEG)
with the effective date of said “pools” February 09, 2014 through March 15, 2015.

     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, b, c, d, and f.

     Vote: 4 - 0 - Unanimously

     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 Item (e) to include the disclaimer.

     Vote: 4 - 0 - Unanimously
 
B.
 
Pct. 1
 
1.
AI-42638
Requesting authority to purchase  heavy machinery and/or equipment detailed herein from John Deere awarded vendor through Hidalgo County's participation/membership with TASB Buyboard Contract #373-11 to include but not limited to ;

a. Three (3) JD 5100E Utility Tractors in an amount not to exceed $ $125,772.30 and;
 
b. three (3) JD CX15-10ft. Flex Wing Rotary Cutter-540 RPM Stump Jumpers in the total amount not to exceed $41,338.50;

for a combined total of (a) & (b) in the amount of $167,110.80 which pricing includes, delivery, TASB fees & warranties. (Project #2014-037-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 of Items a and b.

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
 
Pct. 2
 
1.
AI-42573
Acceptance and approval to execute an "On Call" professional engineering services contract with Raba Kistner Consultants Inc. for, "Construction Material Testing for All Projects" for Precinct No. 2 as approved for negotiations on 11/26/13.
 

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

Vote: 4 - 0 - Unanimously

 
D.
 
Pct. 3
 
1.
AI-42565
Pursuant to contract with L&G Engineering, (article 14) to  C-13-333-12-03, a request for approval by engineer to permit the subcontracting of R.O.W. Surveying Services, LLC in connection with "Shary Road (FM 494) 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

 
E.
 
Health & Human Services Dept.
 
1.
AI-42589
Presentation of bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Sealed Quotes (RFSQ) title Hidalgo County-Turnkey Burial Services Including Cemetery Plots for Unidentified Pauper Remains" RFSQ 2014-036-01-15-YZV.
 

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.
 
District Attorney
 
1.
AI-42702
Acceptance and approval of the amended contract (CC approved-12/20/13-AI#42343) with Dr. Norma Jean Farley, MD/forensic pathologist for the provision of autopsies & related services as developed by District Attorney's Office confirming compliance with such provisions thus allowing the routing for execution of document.
 

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.
 
Co. Wide
 
1.
AI-42567
A. Presentation and acceptance of the scoring grid in connection with the sole response received for the purposes of ranking in order to proceed to the next phase of proposal process for:"Credit Card Payment Services- Hidalgo County"-RFP No. 2013-196-12-27-MEG;

     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.  Acceptance and approval of the final negotiated services agreement with awarded vendor, Easy Access, Inc., for "Credit Card Payment Services- Hidalgo County". RFP No. 2013-196-MEG, including a "Best and Final Offer (BAFO) with EZ Access.

     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
 
19.
 
Open Forum

Robert Jeffery had a concern on the Valley Metro bus not taking them to Precinct 3. He's concerned over the lack of concern by staff at Valley Metro. He would like to be able to be transported so that he may obtain an I.D. to be able to vote.

Frank Traver stated he understood that they can move the agenda around, but he feels that the traditional way of doing things is the way it should remain. He stated there is no purpose of moving Open Forum till the end of the agenda and that there are other solutions.

Opal Billman stated that the law does not permit the court to keep their community property and nothing has been done to divide that community property.

Fern McClaugherty had a concern over a change order and on the trash disposal services. She also stated that security is paid by the taxpayers; therefore, we should use it.

Yvonne Ramon stated the Elections Department is there to work with the community and the commission. They are there for any concerns or questions.
 
20.
 
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.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-42742
Potential Litigation - Cause #7:13-cv-00602; Johnny Earl Course v. Guadalupe "Lupe" Trevino, et al
 
D.
AI-42695
C-0108-14-B; Shelia Pruitt-Orr v. City of Hidalgo & Hidalgo County
 
E.
AI-42684
Claim of Miguel A. Castillo
 
F.
AI-42710
Claim of Rose Cisnero
 
G.
AI-42720
Claim of Hidalgo County vs Jose Eli Guerra

NO ACTION taken on Items 20.A - 20.G.
 
21.
 
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-42743
Potential Litigation - Cause #7:13-cv-00602; Johnny Earl Course v. Guadalupe "Lupe" Trevino, et al

Refer to Item 6.A.1 and 6.A.2.
 
D.
AI-42696
C-0108-14-B; Shelia Pruitt-Orr v. City of Hidalgo & Hidalgo County

Refer to Items 6.A.1 and 6.A.2.
 
E.
AI-42685
Claim of Miguel A. Castillo
 

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 $150.00.

Vote: 4 - 0 - Unanimously

 
F.
AI-42711
Claim of Rose Cisnero

     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 $274.63 ($174.63 for property damage and 100.00 for bodily injury).

     Vote: 4 - 0 - Unanimously
 
G.
AI-42721
Claim of Hidalgo County vs Jose Eli Guerra
 

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 Josie Ramirez's office from DA's office to subrogate in this case.

Vote: 4 - 0

 
22.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
23.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
24.
 
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.

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 21st day of January, 2014

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 January 21, 2014.

Signed this 21st day of January 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy