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Minutes for CC REGULAR

SPECIAL MEETING - January 28, 2014

BE IT REMEMBERED, that on this 28th 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 28, 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.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 6.A, 12.A, 12.B, 12.M 12.O, and 12.P to be pulled for discussion.

The Court proceeded to Item 15.C.
 
5.
 
County Judge's Office:
 
A.
AI-42799
Proclamation in Support of the Children's Advocacy Center, Estrella's House

Hilda Salinas, Public Affairs, read the Proclamation and informed that the mission of the Children's Advocacy Center, is to reduce the emotional trauma to child abuse victims by facilitating a multidisciplinary team approach, which supports the prevention of child abuse through community education and promotes the effective prosecution of those who perpetrate crimes against children.  The Children's Advocacy Center announced they will be having an event called "Vinos!" at La Antigua Revilla on February 22, 2014 from 7:00 pm to 11:00 pm to help raise much needed funds. Children's Advocacy Center Chairman Tina Martin thanked the Court for their support of the Children's Advocacy Center and explained how important Estrella's House is to the County of Hidalgo. Mrs. Martin was accompanied by Executive Director, Vicky Medina and Consultant, Pat Blum. 

     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: 5 - 0 - Unanimously
 
B.
AI-42844
Approval of "Hidalgo County Night with The Killer Bees" on March 22, 2014

Mr. Gilbert Saenz, Maverick Media and Consultanting representing the Killer Bees, announced that they will be offering fun incentives to Hidalgo County employees and their families including $10.00 tickets, discounted concession fees and a free Killer Bee's T-Shirt.

     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:
5 - 0 - Unanimously

The Court proceeded to Item 15.A.
 
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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on Item 21.C Cause No. D-1-GV-14-000052; Greg Abbott, Attorney General of Texas v. Hidalgo County, Texas and Arturo Guajardo Jr., in his official capacity as Hidalgo County Clerk.

Vote: 3 - 0 - Unanimously

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

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 as it pertains to Item 21.C Cause No. D-1-GV-14-000052; Greg Abbott, Attorney General of Texas v. Hidalgo County, Texas and Arturo Guajardo Jr., in his official capacity as Hidalgo County Clerk, effective January 31, 2014.

Vote: 3 - 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
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

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

The Court proceeded to Item 18.A.1.
 
C.
AI-42773
Discussion, consideration and action on rescheduling/cancelling the meeting of Tuesday, February 4, 2014 due to court members absence while attending conference 

 
 

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 cancel the Tuesday, February 4, 2014 meetings.

Vote: 5 - 0 - Unanimously

 
7.
 
Constables:
 
A.
AI-42557
Constable Pct #3 (1284):
Approval of appropriation of the 2012 Operation Stonegarden Grant funds for the Constable Precinct #3 Department in the total amount of $7,077.63 for Phase 4. 
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
B.
AI-42588
Constable Precinct #3:

Approval to process the following Spikes Motor Company invoice as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.

Spikes Motor Company     09-12-2013     $120.00


NO ACTION taken on this Item.
Attachments:
 
C.
AI-42583
Constable Pct. 3:
Approval to process the following Lexis Nexis invoices as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.

   Date:                Invoice Number:       Amount:
09-30-2013      12802H-20130930      $174.67
10-31-2013      12802H-20131031      $174.67
11-30-2013      12802H-20131130      $174.67
12-31-2013      12802H-20131231      $174.67
 

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: 5 - 0 - Unanimously

Attachments:
 
8.
 
Human Resources - Esther Cortez:
 
A.
AI-42701
Sheriff's Office (1100):
1. Approval of the following personnel actions, effective next full pay period, 02/10/2014:

Action Slot# Position Title Budgeted
Allowance Amount
Delete Clothing Allowance 0180 Deputy Sheriff (Step II) $500.00
Add Clothing Allowance 0142 Deputy Sheriff (Step II) $500.00

2. Approval of revised salary schedule.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval of Items 1 and 2.

Vote: 5 - 0 - Unanimously

 
B.
AI-42740
Precinct #3- Parks (1100):
1.  Approval of the following personnel actions:


Action
Dept/
Program
Slot
No.
Position
Title
Budgeted
Salary
Proposed
Salary
Delete 123-008 0001 Park Director $44,664.00 -0-
Delete 123-008 0012 Maintenance I $28,840.00 -0-
Create 123-008 0018 Maintenance Supervisor -0- $34,000.00
 
2.  Approval of revised salary schedule.
 

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 of Items 1 and 2.

Vote: 5 - 0 - Unanimously

 
9.
 
Sheriff's Office:
 
A.
AI-42659
State Criminal Alien Assistance Program (SCAAP) Grant (1284):
1. Authorization and approval for Certification of Revenues for SCAAP 2013

     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: 5 - 0 - Unanimously

2. Authorization and approval for Appropriation of funds for SCAAP 2013 in the amount of $27,222.00

     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
Attachments:
 
10.
 
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.
 
11.
 
Emergency Management - Oscar Montoya:
 
A.
AI-42805
1. Approval of Certification of Revenues as certified by the County Auditor for the Texas Safe Shelter Initiative Grant awarded by the Federal Emergency Management Administration through the State of Texas Division of Emergency Management.

     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: 5 - 0 - Unanimously

2. Approval of the 2013 appropriation of funds for the Texas Safe Shelter Initiative Grant from the Federal Emergency Management Administration through the State of Texas Division of Emergency Management in the amount of $2,400,000.00.

     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: 5 - 0 - Unanimously
Attachments:
 
12.
 
Community Service Agency:
 
A.
AI-42683
1. Requesting approval for the 2014 CSBG [Community Service Block Grant] Contract No. 61140001850.

     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

2. Requesting approval for the 2014 NTN [Neighbor to Neighbor Agreement] 

      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
 
13.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-42787
Approval to process Video Sound & Lights invoices (Invoice#13-1253 for $245.00 and invoice#13-1251 for $110.00) as claims with authority for the County Treasurer to issue the $355.00 payment/check after auditing procedures are completed by County Auditor's Office.
 

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

Attachments:
 
14.
 
Urban County - Diana Serna:
 
A.
AI-42676
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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 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 Edcouch, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 26 (2013) City of Edcouch – Street Improvements funds.
Professional Service Firm Grade Ranked
Fulcrum Consulting Services 94.33%  1
HALFF Associates, Inc. 93.33%  2
R. Gutierrez Engineering Corporation 91.33%  3

     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: 5 - 0 - Unanimously

3. Authority to negotiate a professional engineering service contract with the highest ranked firm
for a Urban County Program Year 26 (2013) City of Edcouch - Street 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: 5 - 0 - Unanimously
Attachments:
 
B.
AI-42748
 The Urban County Program on behalf of Hidalgo County Precinct No. 4, is requesting consideration and action to award and enter into a construction contract with CAS Companies, LP for a Parks, Recreational Improvements project in the amount of $780,382.50, utilizing funds from the UCP Year 21, 23, 24, 25 & 26 (2008, 2010, 2011, 2012 & 2013) Parks, Recreational Facility Improvements line item and Precinct No. 4 County Park funds from line item : 4-1100-452-00-124-0009-0-890.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-42730
 The Urban County Program is requesting that the County of Hidalgo submit payment to HUD for the
amount of 133.92 on behalf of Hidalgo County Precinct # 2. The amount 133.92 was drawn on 10/18/2006 for the advertisement of a Street Improvement activity in the floodplain which was subsequently cancelled. HUD is
now requesting reimbursement due to cancellation.
 

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: 5 - 0 - Unanimously

Attachments:
 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-42808
1. Appointment of the Early Voting Ballot Board for the March 4, 2014 Primary Election 

     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 to add Dennis Church as Alternate Judge and replace with Cruz Quintana as Board Member for the Republican Party. 

     Vote: 5 - 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 to replace Don Medina with Tito Salinas as Judge for the Democratic Party.

     Vote:
5 - 0 - Unanimously

2. Appointment of the Central Counting Station for the March 4, 2014 Primary Election

     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 replace Jordan Gonzalez with Yvette Palafa for the Democratic Party.

     Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-42705
Discussion, consideration and approval for the Hidalgo County Elections Department to post forms online as turned in by candidates. The forms include but are not limited to:
1. Appointment of a Campaign Treasurer By A Judicial Candidate (Form JCTA)
2. Judicial Candidate/Officeholder Campaign Finance Report (Form JC/OH)
3. Appointment of A Campaign Treasurer By A Candidate (Form CTA)
4. Candidate/Officeholder Campaign Finance Report (Form C/OH)
 

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 of Items 1 - 4.

Vote: 5 - 0 - Unanimously

 
C.
AI-42788
Court action to approve the La Joya Youth Service Center to be an Early Voting substation location for the March 4, 2014 Primary Election from February 18, 2014 until February 28, 2014.
 

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: 5 - 0 - Unanimously

 
16.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-42765
Right of Way:
Approval of land acquisition from Idalia I. Ruiz/Javier Garza - Alberta Drain, Parcel 8

This Item was heard following open forum; therefore, Commissioner Hector "Tito" Palacios and Commissioner Joseph Palacios were not present for the vote
.

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

     Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-42768
1.  Approval of Certification of Revenues by the County Auditor for the Mile 17 1/2- Russell Road project (Russell Road to Ware Road).

Items 1 and 2 were heard in Open Session; therefore Commissioner Hector "Tito" Palacios and Commissioner Joseph Palacios were not present for the vote.

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

     Vote: 3 - 0 Unanimously

2.  Approval of 2014 appropriation of funds in the amount of $177,318.25 for the Mile 17 1/2- Russell Road project.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
    
     Vote: 3 - 0 Unanimously
 
17.
 
Budget & Management - Sergio Cruz:
 
A.
AI-42842
 Approval of Amendment Two (2) to the Administrative Services Agreement by and between Blue Cross and Blue Shield of Texas and Hidalgo County, with authority for the County Judge to sign the required documents.

     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

At this time, Commissioner Joseph Palacios stepped away from the meeting.
 
B.
 
Budget Appropriations:
 
1.
AI-42624
County Clerk's Record Archive (1100): Approval of 2014 appropriation of funds in the amount of $6,000.00.
 

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

Attachments:
 
2.
AI-42731
A. Approval of 2014 certification of revenues, as certified by the County Auditor, for proceeds from the sale of assets to Hidalgo County DD No.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.

     Vote: 4 - 0 - Unanimously

B. Approval of 2014 appropriation of funds in the amount of $107,000.00 for Precinct No.4 Roosevelt Road 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

C. Approval of 2014 appropriation of funds in the amount of $175,000.00 for Precinct No.4 Alberta Road 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

D. Approval of 2014 appropriation of funds in the amount of $70,000.00 for Precinct No.4 Monmack Road 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

E. Approval of 2014 appropriation of funds in the amount of $185,000.00 for Precinct No.4 Canton Road 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

Commissioner Hector "Tito" Palacios stepped away from the meeting.

F. Approval of 2014 appropriation of funds in the amount of $94,929.92 for Precinct No.4 Curry Estates Road Project.

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

     Vote: 3 - 0 - Unanimously

G. Approval of 2014 appropriation of funds in the amount of $105,000.00 for Precinct No.4 Curry Estates Drainage Project.

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

     Vote: 3 - 0 - Unanimously
 
3.
AI-42839
Pct. 1 TxDOT (1315):

A. Approval of 2013 interfund transfer from Certificate of Obligations 2001 (Fund 1331, Program# 040) to TxDOT - Mile 2 West (Mile 12 - US83) (Fund 1315, program# 040) Road Project in the amount of $5,391.00. 

     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: 3 - 0 - Unanimously

B. Approval of 2013 interfund transfer from Certificate of Obligations 2004 (Fund 1334, Program# 040) to TxDOT - Mile 2 West (Mile 12 - US83) (Fund 1315, program# 040) Road Project in the amount of $7,818.61.

     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: 3 - 0 - Unanimously

At this time, Commissioner Hector "Tito" Palacios joined the meeting.

C. Approval of 2013 interfund transfer from Certificate of Obligations 2006 (Fund 1336, Program# 040) to TxDOT - Mile 2 West (Mile 12 - US83) (Fund 1315, program# 040) Road Project in the amount of $9,608.28.

     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

D. Approval of 2013 interfund transfer from Certificate of Obligations 2006 (Fund 1336, Program# 040) to TxDOT - Mile 2 West (Mile 12 - US83) (Fund 1315, program# 040) Road Project in the amount of $6,945.80.
 
     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

E. Approval of 2013 interfund transfer from Certificate of Obligations 2006 (Fund 1336, Program# 040) to FM493 (M10n - SH107) (Fund 1336, program# 049) Road Project in the amount of $16,733.20

     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

F. Approval of 2013 Un-appropriation of funds TxDOT - Mile 2 West (Mile 12 - US83) (Fund 1315, program# 040) Road Project in the amount of $29,763.69.

     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
 
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-42837
Adm. Bldg. Renov. 1st./2nd. Floors Project-Accept & approve final re-design plans & specifications for CC Chambers to add Public Affairs Div. and the County Judge's Suite to include Emergency Management Office as presented by project architect, Alcocer Garcia Associates, Inc. with authorization to proceed to forward documentation to awarded contractor, D. Wilson Construction so as to continue the project without any further delays due to documentation with said re-designs and other construction change directives to be included and presented to CC through a Change Order on 2-04-14.

     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
 
Attachments:
 
2.
AI-42515
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-Construction Building Materials & Supplies-RFB No. 2013-252-12-18-SMA.

Mrs. Marty Salazar announced the 5 bid packets and recommends Matts Cash and Carry meeting all specs.

     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
 
3.
AI-42517
Presentation of tabulation grid (for action by Commissioner's Court) to award to multiple vendors that submitted the lowest and best bids (by category/item and meeting all specifications and requirements) with approval of contracts for "Specialty Printing and Related Services" for RFB 2013-153.

Mrs. Salazar announced the vendors that submitted lowest bids and recommended Gateway, curtis 1000, Gulf Data, and Scott Meriman.

     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
 
4.
AI-42804
A. Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024(a)(7)(C);
 
     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
 
B. Approval of a "Sole Source Declaration" for AT&T for the provision of long distance telephone and other related services for Hidalgo County Elected Offices, Departments, Programs and/or Agencies (all funding sources) with said declaration to remain in effect while telephone systems in place;

     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

C. Approval for Hidalgo County Elected Offices, Departments, Programs and/or Agencies to purchase telephone and other related services offered only from AT&T and as sole sourced herein.

     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
 
B.
 
Health & Human Services Dept.
 
1.
AI-42757
A. Pursuant to Texas Local Government, 263.152, discussion and approval to declare as "surplus" 
                   
                      1) Asset Tag# 38960 Animal Cage
                      2) Asset Tag# 38961 Animal Cage
                      3) Asset Tag# 38962 Animal Cage

     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

B. Requesting authority to remove said personal property from the Hidalgo County Health and Human Services inventory list.

     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
 
C.
 
Sheriff's Office
 
1.
AI-42825
Request approval to reject all bids received (as over the funding available) for Hidalgo County Sheriff's Office project: "Adult Detention Center and Law Enforcement Facility Repairs and/or Replacement” (RFB #2013-133A-12-11-YSS) with authority to re-advertise project with modified specifications.
 

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

 
2.
AI-42827
Approval to exercise County's option to terminate (under Article 11-Termination and Suspension) as stated in the current agreement with Prodigy Construction Management, LLC, for "Law Enforcement/Adult Detention Facilities Roof & Related Repairs Project," by providing/forwarding a thirty (30) day written notice of termination citing budgetary constraints as cause.

Commissioner Hector "Tito" Palacios stepped out of the meeting.

Ms. Salazar explained due to budgetary constraints the Sheriff's Department has recommened Commissioners' Court take action on terminating the agreement with Prodigy.  Mr. Alex Palacios, Prodigy Construction Management, commented that the current plans, including the entire wish list, would amount to 5 million to 5.3 and explained that the only way to bring it to the budget of 4.2 million is to extract lots of data. The Item will be brought back after Judge Garcia and the Commissioners have met with the Sheriff.

NO ACTION taken on this Item.
 
D.
 
County Clerk
 
1.
AI-42653
Acceptance and approval to utilize through the Department of Information Resources (DIR) Contract #DIR-SDD-1647 between State of Texas, acting by and through the Department of Information Resources and Xerox State & Local Solutions, Inc. as successor to ACS State & Local Solutions, Inc. (as per Amendment No. 2) thus allowing Hidalgo County-Clerk Department to utilize services offered under this contract for the Record Management and Imaging System.
 

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

 
19.
 
Open Forum

Opal Billman stated that in the United States we have the freedom of speech and pursuit of justice. She stated she has been accused of having a mental illness and the judge in charge of her case never returned their community property by dismissing her divorce case. She commented that due process is not being upheld.

The Court proceeded to Item 16.A.
 
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-42850
Cause No. D-1-GV-14-000052; Greg Abbott, Attorney General of Texas v. Hidalgo County, Texas and Arturo Guajardo Jr., in his official capacity as Hidalgo County Clerk

NO ACTION taken on Items 20.A - 20.C.
 
21.
 
Open Session:

Commissioner Hector "Tito" Palacios and Commissioner Joseph Palacios were not in attendance for during 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-42851
Cause No. D-1-GV-14-000052; Greg Abbott, Attorney General of Texas v. Hidalgo County, Texas and Arturo Guajardo Jr., in his official capacity as Hidalgo County Clerk

Refer to Items 6.A.1 and 6.A.2.
 
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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

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 28th 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 28, 2013.

Signed this 28th 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