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Minutes for CC REGULAR

SPECIAL MEETING - February 11, 2014

BE IT REMEMBERED, that on this 11th day of February 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
February 11, 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 4.A, 5.C, 10.A, and 10.B to be pulled for discussion.

The Court proceeded to Item 22.A.
 
5.
 
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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to Item 27.H; County v. MERS (Mortgage Electronic Registration System).

Vote: 4 - 0 - Unanimously

2. Requesting engagement with the firm of Gary Riebshlager, Houston, TX for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

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 as it pertains to Item 27.H; County v. MERS (Mortgage Electronic Registration System).

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
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 - 3.
 
C.
AI-43031
Approval of Resolution in support for the application of Orchard Estates, LP to the Texas Department of Housing and Community Affairs for 2014 Competitive Nine-Percent Housing Tax Credits and for the Development of Orchard Estates Apartments to be located on 10+/- Acres of Land on the East Side of Stewart Road, North of Mile 4 in the ETJ of Alton, Hidalgo County, Texas 78573
 

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: 5 - 0 - Unanimously

 
D.
AI-42872
Approval to accept settlement check from GEICO Insurance Company in the amount of $1,199.92 on behalf of Adult Probation to settle auto accident. (Adult Probation) 


 

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

Attachments:
 
E.
AI-42819
Tropical Texas Behavioral Health (1100):
1. Approval of payment to Tropical Texas Behavioral Health for FY 2014 county allocation of required local match in the amount of $850,076.00 for DSHS Contract #2014-039599-001 in accordance with Texas Health & Safety Code Section 534.066 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by 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: 5 - 0 - Unanimously

2. Approval of payment to Tropical Texas Behavioral Health for FY 2014 county allocation match in the amount of $159,334.00 for psychiatric emergency crisis services - DSHS Contract #2014-0398293 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor
TOTAL PAYMENT AMOUNT $ 1,009,410.00

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

     Vote: 5 - 0 - Unanimously
Attachments:
 
F.
AI-42921
Approval of 2014 Museum Funding Agreement between County of Hidalgo and Museum of South Texas History in the amount of $ 270,000.00.

NO ACTION taken on this Item.
Attachments:
 
G.
AI-42927
Approval of 2014 Museum Funding Agreement between County of Hidalgo and the Mission Historical Museum in the amount of $ 30,000.00
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
H.
AI-42918
Approval of 2014 Museum Funding Agreement between County of Hidalgo and the Donna Hooks Fletcher Museum in the amount of $ 30,000.00
 

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: 5 - 0 - Unanimously

 
6.
 
Constables:
 
A.
AI-42776
Constable Pct. #1:
Discussion, consideration, and approval for Hidalgo County Constable Pct. 1 continued participation in Texas 1033 Surplus Property Program.
 

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: 5 - 0 - Unanimously

 
B.
AI-42770
Constable Pct. #1:
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           Amount
LexisNexis   12802H-20130930    09/30/13    $174.00
LexisNexis   12802H-20131031   10/31/13     $174.00
 

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: 5 - 0 - Unanimously

 
C.
AI-42749
Constable Pct #2 (1284): Approval of appropriation of the 2012 Operation Stonegarden Grant funds for the Constable Pct#2 Department in the total amount of $6,294.68 for Phase 3 and Phase 4.
 

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: 5 - 0 - Unanimously

Attachments:
 
D.
AI-42849
Constable Pct. #2:
Requesting approval and authorization to submit the FY 2013 Chapter 59 Asset Forfeiture Report, as required by the Attorney General of Texas
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
E.
AI-42968
Constable Pct. #2:
Presentation and discussion of the 2013 Racial Profiling Report as presented by the Hidalgo County Constable Pct. 2 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
F.
AI-43065
Constable Pct. #4 (1284):
Approval of appropriation of the 2012 Operation Stonegarden Grant funds for the Constable Precinct No. 4 Department in the total amount of $5,900.79 for Phase 4.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
G.
AI-43054
Constable Pct. #4:
Requesting authorization for the County Judge to execute the following the FY 2013 Equitable Sharing Agreement and Certification Report - Hidalgo County Constable Precinct 4.
 

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: 5 - 0 - Unanimously

Attachments:
 
7.
 
Human Resources - Esther Cortez:
 
A.
AI-42914
County Judge's Office (1100) / Department of Budget & Management (1100):
1. Approval of the following personnel actions:

Action Dept/
Program
Slot
No.
Position Title Proposed/
Budgeted Salary
Delete 110-006 0033 Administrative Aide II $36,050.00
Delete 115-001 0029 Budget Analyst I $38,222.00
Create 110-006 0037 Director of Special Projects $31,500.00
115-001 0031
$31,500.00

     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: 5 - 0 - Unanimously

2. Approval of revised salary schedule(s).

     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
 
B.
AI-42915
Health and Human Services (1100):    
1. Approval to create two (2) full time new positions as follows:

Action Dept/Program Slot No. Position Title Proposed Budgeted Salary
Create 240-005 001 Coordinator II $ 46,000.00
Create 240-005 002 Coordinator I $ 40,000.00

2. Approval of intradepartmental transfer.
3. Approval of revised salary schedule.
 

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

Vote: 5 - 0 - Unanimously

 
C.
AI-42981
Precinct #4 Road Maintenance & Precinct #4 BCAP (1200):
1.  Approval of the following personnel actions effective 02/11/14:

Action Dept./Program Slot No. Position Title Current
Budgeted Salary
Proposed
Budgeted Salary
N/A Rd Maint.
(124-007)
0004 Accounts Payable Specialist III $43,701.00 $43,701.00
Delete allocation BCAP
(124-019)
0003 $3,357.00      -0-
 
2.  Approval of Precinct #4 BCAP 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 on Items 1 and 2.

Vote: 5 - 0 - Unanimously

 
8.
 
Sheriff's Office:
 
A.
AI-42861
Operation Stonegarden (1284):
Authorization and approval to de-obligate remaining amounts in fourteen (14) of the participating cities and two (2) of the Hidalgo County Constable Precincts (PCT. 2, and PCT. 3) and transferring of amounts to the 2011 Operation Stonegarden Sheriff's Office grant budget.
 
Alamo - $1,633.50 Penitas - $4,085.80
Alton - $10,623.09 Pharr - $3,649.96
Donna - $3,901.16 San Juan - $3,203.48
Edinburg - $6,359.64 Sullivan City - $1,144.30
Hidalgo - $15,102.50 Weslaco - $24,834.34
La Joya - $5,058.08 Pct. #2 - $938.83
Mercedes - $9,217.21 Pct. #3 - $1,095.70
Mission - $843.76  
Palmhurst - $6,537.27  
 

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

Vote: 5 - 0 - Unanimously

 
9.
 
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.
 
C.
AI-42973
Discussion and approval to accept Deed Without Warranties from Texas Health and Human Services Commission to the John Austin Pena Memorial Center. 
 

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

Attachments:
 
D.
AI-42944
Requesting approval of the letter of support to the University of Texas Pan American proposal for the U.S. Department of Health and Human Services funding of "Nursing Education, Practice, Quality and Retention Program".
 

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:
 
E.
AI-42954
Requesting approval to submit a funding proposal to participate in a contract funded through an Exceptional Item awarded to the Department of State Health Services by the 83rd Legislative Session.  The purpose of these funds is to augment local health department epidemiological capacity for outbreak and disaster response with special emphasis on foodborne illness investigations. 
 

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

Attachments:
 
10.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-42856
1. Requesting permission to apply for a Prostitution Prevention Court Program Grant for operation through August 2014.

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

     Vote: 5 - 0 - Unanimously

2. Requesting approval of Resolution naming Authorized Official for the Prostitution Prevention Court Program.

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

     Vote: 5 - 0 - Unanimously
Attachments:
 
11.
 
Facilities Management:
 
A.
AI-43063
Facilities Management:
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 Amount
Waste Management 4912163-1177-0 02/01/2014 100.16
Waste Management 4910181-1177-4 01/01/2014 117.03
Waste Management 4912164-1177-8 02/01/2014 117.03
Waste Management 4910182-1177-2 01/01/2014 123.08
Waste Management 4912165-1177-5 02/01/2014 123.08
    Total: 580.38

 

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: 5 - 0 - Unanimously

Attachments:
 
12.
 
Community Service Agency:
 
A.
AI-42785
Requesting approval for the 2014 CEAP [Comprehensive Energy Assistance Program] Contract No. 58140001799.
Attachments:
 
13.
 
IT Department - Renan Ramirez
 
A.
AI-42771
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue a payment/check after review, audit and processing procedures are completed by the County Auditor.

Invoice Date Invoice Vendor Amount
11/30/2013 144290 Icon/Civic Plus
$5,700.00
 
 

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: 5 - 0 - Unanimously

Attachments:
 
14.
 
HIDTA - Task Force - Dora Munoz:

Commissioner Joseph Palacios stepped away from the meeting.
 
A.
AI-42880
Authorization and approval for the Hidalgo County HIDTA Task Force Investigators to be paid instead of banking extra-duty hours from January 1, 2014 - December 31, 2014.
Attachments:
 
B.
AI-43039
HIDTA Chapter 59 (1251): 
Approval of 2013 appropriation of funds in the amount of $1,224.13 for HIDTA Chapter 59 funds.
 

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

 
15.
 
Urban County - Diana Serna:
 
A.
AI-42953
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering Services-Geotechnical and Construction Material Testing 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 purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the Precinct No. 2, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-000-6453/DRS210068 for South Fork Drain Project..
Professional Geo-tech Services Grade Ranked
Raba Kistner, Inc. 98.6%  1
Terracon Consultants, Inc. 94.6%  2
PSI Laboratories, Inc. 92.6%  3

     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

3. Authority to negotiate a professional engineering service- contract with the No. 1 ranked firm of RABA KISTNER, INC. for the provision of geotechnical and construction material testing services for an Urban County Program GLO Contract No. 12-406-000-6453/DRS210068 Precinct No. 2, South Fork Drainage Improvements project located in Hidalgo County, Texas, from west Cage Boulevard to the USIBWC Floodway

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

     Vote: 4 - 0 - Unanimously
 
B.
AI-42812
 Urban County Program, on behalf of Precinct No. 1 is requesting consideration and action to award and enter into a construction contract with Rojas construction (lowest bidder meeting all specifications and/or requirements) for the Texas General Land Office Round 2.1(GLO Contract No. 12-406-000-6453/DRS210068) in the amount of $252,442.00. The project consists of flood & drainage improvements within Precinct No. 1, Hidalgo County for the Delta Area Connector/East Lateral Colonia Infrastructure II Improvements, Olivarez #7, Olivarez # 9 and Olivarez # 18.
 

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

Vote: 4 - 0 - Unanimously

 
C.
AI-42945
 Urban County Program, on behalf of Precinct No.1 is requesting consideration and action to award and enter into a construction contract with Vanguard Engineering, LLC (lowest responsible bidder meeting all specifications and Section 3 federal regulations under 24 CFR Part 135) for the Texas General Land Office Round 2.1 (GLO Contract No. 12-406-000-6453/DRS210068) in the amount of $450,635.00. The project consists of flood & drainage improvements within Precinct No.1, Hidalgo County for the Delta Area Connector/ East Lateral Colonia Infrastructure Improvements for Acre Tract, Chapa North and Chapa South Subdivisions.
 

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:
 
D.
AI-42874
 The Urban County Program is requesting the award of a bid and approval of a contract under the Owner-Occupied Rehabilitation Program for the following:

1. (1) Unit in the City of Edcouch for rehabilitation in the amount of $ 27,750.00 to ARGO Construction.
 

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.
AI-42832
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 purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the City of Palmview, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 26 (2013) Palmview Street Improvement funds.
 
Professional Service Firm Grade Ranked
SAMES Engineering 97% 1
L & G Engineering 92.67% 2
Perez Consulting Engineering 90.34% 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 No. 1 ranked firm of SAMES ENGINEERING for the provision of engineering services for an Urban County Program Year 26 (2013) Palmview Street Improvements project.

     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

At this time, Commissioner Joseph Palacios joined the meeting.
 
16.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-42919
Discussion and recommendation by Commissioner's Court on creating a County Electioneering Policy or possibly amending the existing Open Grounds Policy due to Senate Bill 259.

Ms. Ramon had a correction on the item by stating it was a House Bill not a Senate Bill.  She introduced her recommendations to the court for a safe environment for the public during early voting surrounding county properties.  The Court agreed to allow electioneering set up to commence the day prior to the early voting date (March 3, 2014) and they are to remove all signs and vehicles one (1) hour after early voting is over.  There will only be one political sign no larger than 4" x 8" in size allowed and only one vehicle per candidate which will be allowed to remain overnight throughout the early voting period. No alcoholic beverages, illegal drugs, cooking devices/equipment, trailers, barbeque pits will be allowed on county property.

     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
 
17.
 
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-42835
Requesting authority to enter into a (36) month software renewal license subscription agreement for the Hidalgo County Public Defender's Office and Justice Works, LLC through requisition 249340 for the amount of $2.00 per every new case opened.
 

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:
 
18.
 
WIC - Norma Longoria:
 
A.
AI-42789
Requesting approval to process the following ATT invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor. P.O. #700367.

Vendor Acct# Billing Date Amount
AT&T 956-581-9768 Dec.11 thru Jan.10, 2014      29.34
AT&T 956-702-7740 Dec.13 thru Jan.12, 2014      58.68
AT&T 512-A37-6040(13 Accounts) Dec.13 thru Jan.12, 2014 1,899.39
AT& T  956-519-8551 Dec.23 thru Jan.22, 2014      31.39
AT&T  956-519-7161 Dec.23 thur Jan.22, 2014       31.39
AT&T 956-581-9768 Jan.11 thru Feb.10, 2014      29.41
AT&T 956-381-8620 Jan.9 thru Feb.8, 2014    631.21
AT&T 956-318-1609 Jan.9 thru Feb.8, 2014     88.20
AT&T 956-702-7740 Jan.13 thru Feb.12,2014     58.82
AT&T 956-783-5471 Jan.3 thru Feb.2,2014     51.62
AT&T 956-783-7251 Jan.3 thru Feb.2. 2014     31.28
AT&T 512-A37-6040 Jan.13 thru Feb. 12,2014 2,064.85


NO ACTION taken on this Item.

At this time, Commissioner Joe Flores and Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
19.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-42986
1. Approval of Ceritification of Revenues as certified by the County Auditor for various TXDOT projects.
2. Approval of 2013 appropriation of funds for various TXDOT projects in the total amount of $3,268,799.80.
 

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

Vote: 3 - 0

 
20.
 
Planning Department - Raul Sesin:
 
A.
AI-42772
1. Preliminary Approval with Variance Request
a. Vista Ridge Acres Phase V – Pct. 1 (Jack McClelland)

     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. Lantana Acres No. 8 Subdivision – Pct. 1(The Three Grandes)

     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. Preliminary Approval
a. El Ramadero Subdivision – Pct. 4 (O.S. Wyatt, Jr)
b. Resubdivision of Lots 52,53,54 & Lot B, Caledonia Estates Ph I – Pct. 4(Wild Mesquite LLC)
c. Ruiz Subdivision – Pct. 4 (Mario Ruiz)
d. Cash America Subdivision – Pct. 4 (Vaquero Hidalgo Partners, LLC)

     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 - d.

     Vote: 3 - 0 - Unanimously

3. Final Approval
a. Concho Heights Subdivision – Pct. 4 (Kyndel Bennett)

     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. San Joaquin Subdivision – Pct. 1 (Herb Scurlock)

     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. La Frontera Estates Phase IV – Pct. 1 (Allen Cohrs)

     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

d. Zavedra-Vera Subdivision – Pct. 4 (Matias Vera)

     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

At this time, Commissioner Joe Flores joined the meeting.

e. Rio Rico North Subdivision – Pct. 1 (Paul Daniec)

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

     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. Replat of Lot B Los Compadres Subdivision – Pct. 1 (Julio Cardona)

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

     Vote: 4 - 0 - Unanimously

4. Final Approval with Financial Guarantee
a. Pueblo de Palmas at Mile 4 Phase 3 – Pct. 3 (PDP Mile 4 Ltd.)

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

     Vote: 4 - 0 - Unanimously

At this time Commissioner Hector "Tito" Palacios joined the meeting and Commissioner Joe Flores stepped away from the meeting.

b. Ranchitos Escondidos Phase I – Pct. 4 (Forrest Runnels, Jr.)

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

     Vote: 4 - 0 - Unanimously
 
B.
AI-42955
1. Preliminary Approval

These Items were read with 20.A.2.

a. La Homa Crossing Phase II – Pct. 3 (Manuel Cantu, Jr.)
b. Terry Palms Subdivision – Pct. 4 (Kyle Ruppert)
c. Acres of Santa Cruz Phase II – Pct. 3 (Richard Ruppert)

     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
 
21.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-42784
Requesting acceptance and approval of Work Authorization No.8 (with an estimated cost of $23,565.50) as submitted by Millennium Engineers Group, Inc., Contract #C-13-185-06-18, for Construction Materials Engineering Services for the Hidalgo County Precinct No.2, Equipment and Maintenance Facility Compound Project to parking area and civil improvements.

Commissioner Joe Flores joined the meeting.

     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
 
22.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-42882
Approval of Resolution honoring Christian Villarreal for being named 2013 Boys and Girls Club RGV Youth of the Year
 

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

 
B.
AI-42817
Requesting approval to process the following invoices as claims with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor.

Vendor Invoice No. Amount
Pueblo Tires LTD 5005113 $119.99
Pueblo Tires LTD 5007219, 5007464, 5007486, 5007476, 5007575, 5007626  $87.00
Mobile Relays Partners, LTD AIR0032816 $865.90
 

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: 5 - 0 - Unanimously

 
C.
AI-42995
Requesting authorization for title reports, survey, metes and bounds for the Sunflower Park/CRC Sanitary Sewer Improvements and Partial Road Abandonment of Holmes Road Project.

Project Limits: Holmes Road between State Highway 107 and Mile 17 Road
 

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:
 
D.
AI-42946
Requesting approval to reimburse funds expensed through the Urban County Program to avoid a finding from the U.S. Department of Housing and Urban Development, so that we may remit to the U.S. Treasury and make the funds available to the Precinct for eligible projects.

 

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

 
E.
AI-43061
Right of Way:
Approval of land acquisition from Gary Jackson & Michael Kromeier - Alberta Drain, Parcels 4 & 5

This Item was heard after Executive Session; therefore, Commissioner Joseph Palacios was 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: 4 - 0 - Unanimously

Attachments:
 
23.
 
Budget & Management - Sergio Cruz:
 
A.
AI-43003
Update, discussion and options available for refunding of outstanding bonds and authorizing finance team to proceed with preparing refunding of County bonds.

At this time, Judge Ramon Garcia stepped away from the meeting.

Mr. Chris Vela, First Southwest, gave a brief summary of the status of the bond refunding at this time. As the finance team, Sergio Cruz requested that he and Mr. Valde Guerra be given authority to work with the underwriters, Estrada, Hinojosa and First Southwest.

     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: 4 - 0 -Unanimously
 
B.
AI-43087
1. 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

2. Approval of 2014 appropriation of funds in the amount of $43,000.00 for Precinct No.4 (Mile 22 1/2) road project. 

Judge Ramon Garcia joined the meeting.
 

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 and 2.

Vote: 5 - 0 - Unanimously

 
C.
AI-43004
1. Discussion, consideration, acceptance and approval of Advance Funding Agreement - Amendment#1 between Hidalgo County and Texas Department of Transportation for Mile 2N from SH495 to Moorefield Road project. (CSJ: 0921-02-323)

Mr. Cruz stated there was a correction on the Item clarifying that it is for "Mile 2N from SH364", not SH495.

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

     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 with clarification.  

     Vote: 5 - 0 - Unanimously

3. Approval to issue check payable to  Texas Department of Transportation Trust Fund in the amount of $9,097.00 to cover the estimated share of Preliminary Engineering Direct State Costs and with the County Treasurer to issue check after review and processing procedures are completed by the County Auditor.

     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:
 
D.
AI-42956
CETRZ:
Discussion and presentation of the County Energy Transportation Reinvestment Zone (CETRZ) possible boundaries and Board Member appointments.  

Mr. Sergio Cruz stated that the reinvestment zone needs to be created and are looking into less than a quarter mile on FM1015 for the purposes of applying for the grant. Creating the zone does not increase taxes or property value. Mr. Cruz would like to have the creation of the board ready in two weeks. The board would need to include three (3) members that have experience in the oil and gas field. There is a potential for additional funds and all monies must be used for the reinvestment zone.
 
24.
 
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-42831
A.  Pursuant to Article 13.3.3.1, AIA-Form of Agreement between HC & Alcocer-Garcia Associates, project architect for: Renovations/Remodeling of 1st & 2nd Floors of former Administration Building located at 100 E. Cano, Edinburg, Texas confirmation of notification to architect (through Purchasing Dept. after full consultation with Executive Officer) to proceed and engage services of appropriate professional services consultant to assess substance found by General Contractor in an area (as yet not surveyed due to continuous occupancy); or, in the alternative:

NO ACTION taken on this Item.

B.  Through HC's membership/participation with The Interlocal Purchasing System (TIPS), authority to accept and approve proposals awarded TIPS vendor (AAMECC) for the testing of identified suspicious (possibly ACM) including the writing of specifications for abate/remediation and monitoring services including the issuance of applicable POs.

     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-42833
Approval for the automatic extension of a successive one (1) year term (as provided in the letter of engagement) with The J. Ramirez Law Firm, fka, Ramirez & Guerrero, for continued provision of services as Bond Counsel for Hidalgo County.
 

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.
AI-42999
Consideration and applicable action on the following option items in connection with Financial Advisory Services Provider for Hidalgo County:

a.  Approval to exercise the County's option to renew the two (2) additional years under the same rates, terms and conditions with First Southwest Company for the provision of "Financial Advisory Services" in connection to RFP No: 2010-343-11-10-YZV-Financial Advisory Services project; and/or

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, and the vote was as follows:

     AYE: Commissioner Joe M. Flores, Commissioner Joseph Palacios
     NAY: Judge Ramon Garcia, Commissioner Hector "Tito" Palacios, and Commissioner A.C. Cuellar, Jr. 

    Motion Failed

b.  Action for Hidalgo County to exercise the thirty (30) days written Notice of Termination to First Southwest Company as provided in the Agreement, more specifically under Section IV-Termination and thus agree that only services provided and expenses incurred to the date of termination will be due and payable; and, if applicable,

NO ACTION taken on this Item.

c.  Authority to advertise a Request for Proposals (with qualifications) for the engagement and contracting of a professional Financial Advisory Services Provider for Hidalgo County, including approval of basic draft scope of services, requirements and qualifications used in the last solicitation of same.

     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

At this time, Commissioner Joseph Palacios stepped away from the meeting.
 
4.
AI-43083
A.  Discussion and status on current reports of possible and/or impending sale of local PBS station KMBH and it's impact on re-broadcast of Hidalgo County Commissioners Court meetings;

Ms. Marty Salazar informed the Court of the impending sale of the current station that broadcasts the Commissioners' Court meetings.  It was discussed that if the it were decided to continue the broadcasts with a commercial station, it would be too large an expense.  Her recommendation was that the Court begin the process of terminating the current agreement to avoid any more expense. The research will continue to find a non-profit station.

B.  Discussion and applicable action to exercise HC option to approve sending the thirty (30) day Notice of Termination (as stipulated in current agreement);

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

     Vote: 4 - 0 - Unanimously

C.  Discussion and applicable action on alternative options

NO ACTION taken on this Item.
 
B.
 
Pct. 1
 
1.
AI-41237
Approval of a Professional Engineering Service Agreement as reviewed and approved by legal with Chanin Engineering LLC for the purposes of "Engineering Services" for project specific "Delta Lake Pavilion-Hidago County Precinct One" in the amount of $7,500.00 as approved for negotations by CC on 08/20/13 through County's protocol from the "POOL" of Engineering.
 

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: 5 - 0 - Unanimously

 
2.
AI-42747
Presentation of sole responsible, lowest and best bid received as detailed in tabulation sheet contained herein and meeting all specifications and/or requirements for the purpose of award with approval of contract for Request for Sealed Quotes (as yearly amount purchased does not exceed statutory bid limit) titled: Waste Water Management System" through project No.: 2014-015-01-10-SGS.

NO ACTION taken on this Item.
 
C.
 
Pct. 4
 
1.
AI-42989
Request by Time Warner Cable Texas, LLC, dba, Time Warner Cable for Hidalgo County Commissioners Court to accept, approve and execute a Right of Entry Agreement so as to have ROE and provide TWCBC services to Nuestra Clinica Del Valle's Mobile structure at address 300 North 86th Street-Edinburg, Texas a County-owned property.
 

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

 
2.
AI-43007
a. Requesting approval of a "professional engineering services" agreement# C-13-188-02-11 with TEDSI INFRASTRUCTURE GROUP, INC., for the purposes of "Professional Engineering Services" for "Job Specific" - PROJECT:“The Reconstruction of Mon Mack Rd from Mile 11 N. Rd north for 0.4 miles" located within Hidalgo County Precinct No. 4;

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

    Vote: 4 - 0 - Unanimously

b. Requesting approval of Work Authorization No. 1 ($ 25,000.00) from TEDSI INFRASTRUCTURE GROUP, INC. for "Professional Engineering Services" in connection to agreement# C-13-188-02-11 for: "Job Specific" PROJECT- “The Reconstruction of Mon Mack Rd from Mile 11 N Rd north for 0.4 miles” located within Hidalgo County Precinct No. 4;

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

    Vote: 4 - 0 - Unanimously

c. Requesting approval of a "professional engineering services" agreement# C-13-189-02-11 with TEDSI INFRASTRUCTURE GROUP, INC., for the purposes of "Professional Engineering Services" for "Job Specific" - PROJECT:“The Reconstruction of Roosevelt Rd Roosevelt Rd from the junction with Owassa Rd to FM 1423 (Valverde Rd)" located within Hidalgo County Precinct No. 4;

    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. Requesting approval of Work Authorization No. 1 ($ 55,250.00) from TEDSI INFRASTRUCTURE GROUP, INC. for "Professional Engineering Services" in connection to agreement# C-13-189-02-11 for: "Job Specific" PROJECT- “The Reconstruction of Roosevelt Rd from the junction with Owassa Rd to FM 1423 (Valverde Rd)” located within Hidalgo County Precinct No. 4;

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

    Vote: 4 - 0 - Unanimously

e. Requesting approval of a "professional engineering services" agreement# C-13-334-02-11 with TERRACON CONSULTANTS, INC. for the purposes of "Professional Engineering Services" for "Job Specific" - PROJECT: “Mile 17 ½
(between Ware Road and West R.O.W. of HCID No. 1 Canal)
located within Hidalgo County Precinct No. 4;

     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

f. Requesting approval of Work Authorization No. 1 ($ 15,010.00) from TERRACON CONSULTANTS, INC. for "Professional Engineering Services" in connection to agreement# C-13-334-02-11 for: "Job Specific" PROJECT- “Mile 17 ½ (between Ware Road and West R.O.W. of HCID No. 1 Canal)” located within Hidalgo County Precinct No. 4

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

     Vote: 4 - 0 - Unanimously

g.  Acceptance and approval of Amendment No.1 to WA#1 (to clarify and correct Attachment D-Warehouse Foundation Plan erroneously listed as "20 x 60" and should reflect as "40 x 60") in connection to Agreement (C-13-281-11-19) with LAZCAMREA, LLC d/b/a FULCRUM CONSUTLING SERVICES for the purposes of a “Warehouse Facility" for Hidalgo County Precinct No. 4.

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

     Vote: 4 - 0 - Unanimously
 
3.
AI-43012
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional appraisal services.

     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. 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 appraisal services for Brewster Park-Land Exchange project in Precinct No. 4.

Evaluator HLH Appraisal Services Integra Realty Resources Austin George J. Salazar
Evaluator 94 93 96
Ranking  2  3  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

C. Authority for the Purchasing Department to negotiate a professional appraisal services  contract with the No. 1 ranked firm of GEORGE J. SALAZAR  for: Brewster Park-Land Exchange  project in Precinct No. 4.

     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:
 
D.
 
Health & Human Services Dept.
 
1.
AI-42990
Acceptance and approval of a negotiated Consulting Services Contract with Kevin Nolting, dba, Nolting Consulting LLC for the provision of "The Medicaid 1115 Waiver Texas Healthcare Transformation And Quality Improvement Program" as Commissioners Court previously approved exemption of a professional service on December 20, 2013-AI#41730.
 

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.
AI-42666
Presentation of responsible, lowest and best bid received as detailed in tabulation sheet contained herein and meeting all specifications and/or requirements for the purpose of award with approval of contract for RFB titled: Hidalgo County Health & Human Services Department- " Funeral and Burial Services for Hidalgo County Qualified Indigent Families" through project No.: 2014-008-01-08-SGS.

Mr. Lee Castro, President of the Funeral Director Association, would like the court to consider rebidding due to those whom were sent a packet, did not receive them. He stated there are many funeral directors that did not receive a notice of bids and would like the opportunity to given to those whom could possibly offer better bids.

Bid packets were sent out to 10 funeral homes and only received 2 bids. Mrs. Marty Salazar stated they have done their due diligence and feels rebidding would cost the county money that is unnecessary.
 

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

 
E.
 
Elections Department
 
1.
AI-42952
A.  Acceptance and approval of a claim from STAPLES ADVANTAGE Invoice #3212575992 in the amount of $17.34 arising from PO#699546 as supplies are used through the year as detailed in Memo dated 01-29-14 and do not fall under the HC Accounting Procedures Manual, Non-Travel Meals, Refreshments, and Related Expenses;

     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

B.  Requesting exception from Hidalgo County's adopted Accounting Procedures Manual, Non-Travel Meals, Refreshments, and Related Expenses(as not applicable) for all upcoming duly requisitioned and processed POs due to unknown amount of people that will be attending at any of the meetings/trainings that are conducted by Elections and as further explained and detailed in Memo dated 01-30-14.

     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 only for Elections Department election trainees/workers.

     Vote: 4 - 0 - Unanimously
Attachments:
 
F.
 
Sheriff's Office
 
1.
AI-42246
Presentation of sole bid received as detailed in tabulation sheet contained herein meeting all specifications/requirements for the purpose of award and approval of contract for Request of Bid titled: Hidalgo County Sheriff's Office- " Repair-Installation & Removal of Communication & Radio Tower Misc. Equipment" through project No.: 2014-001-02-11-SGS.
 

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.
AI-42908
a.  As recommended by HC S/O for HCCC to exercise and approved 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;

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.

     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. Requesting acceptance and approval of Invoice No. 4 in the amount of $12,363.76, from contracted vendor, Prodigy Construction Management, LLC in connection with contract C-13-010-03-05, construction management services for the "Law Enforcement/Adult Detention Facilities Roof & Related Repairs Project".

     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
 
3.
AI-42947
Acceptance and approval of claims arising from PO#s 693384 & 696430 to Mike Young Printing for the following:

Invoice #21506 for $156.75;
Invoice #21573 for $  89.98

which constitute amounts due to check printing overruns that the Sheriff's Department accepted/kept and is utilizing but not included in original requisition or POs.
 

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

 
G.
 
Co. Wide
 
1.
AI-42766
Presentation of bids received as detailed and attached herein for the purpose of award and approval of contract document with the vendor meeting all specifications and/or requirements as attached hereto for: Hidalgo County-Electrical Materials & Supplies-RFB No. 2013-278-12-18-MEG.
 

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

 
25.
 
Open Forum

Virginia Townsend stated she wanted to know about progress on privatizing garbage pickup, road and bridge becoming countywide, updating the policy book, step and grade, the McAllen tax office, and obtaining a county engineer.

Fern McClaugherty commented on Item 10.A and asked the court if they had read the backup on it. She also stated that the website has not been functioning correctly and said it they need to be able to access the agendas.

Opal Billman stated that after her divorce was filed, the court did not divide their community property. She stated the court kept their community property. She wants to know who should be responsible for the ongoing crimes against her. She called the Attorney General's office to ask and she was told to contact the State Bar Association.

Eduardo Estrada commented on the road work that was said to be started in Precinct 4. He was told the roads would be repaired five months ago and there has been nothing done. He also commented on tire disposal at the county collection site. He has not been able to dispose of the tire because of a glitch due to reaching a new contract with the city of Edinburg.

Hilda Salinas, Public Affairs, announced Hidalgo County Night at UTPA on February 20, 2014 at 7 pm. Tickets will be sold to County Employees for a reduced price of $6.00.
 
26.
 
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-43093
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
 
D.
AI-42930
Cause No. C-2940-11-D; County of Hidalgo, Texas v. Insurors Indemnity Company v. Total Commitment, LLC, Pedro A. & Sylvia L. Gutierrez
 
E.
AI-42937
Cause No. 7:12-cv-116 Luis Caudillo v. Hidalgo County Sheriff's Department
 
F.
AI-42962
CL-14-0359-E; Mary Lou Gomez v. Hidalgo County
 
G.
AI-43040
C-0582-14-E; Cynthia Cantu v. Sarai Navarro and County of Hidalgo
 
H.
AI-43102
County v. MERS (Mortgage Electronic Registration Systems)
 
I.
AI-42893
Auto Loss Claim 13-08-23-0230
 
J.
AI-42933
Auto Loss Claim 13-11-05-0920

NO ACTION taken on Items 26.A - 26.J.
 
27.
 
Open Session:

The Court proceeded to Item 22.E.

Commissioner Joseph Palacios was not present for 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-43094
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

Mr. Valde Guerra stated there is a preliminary agreement between the state and county.  Josie Ramirez's office from the D.A.'s office will be filing the appropriate documentation.  He also stated that there will be an item on the agenda next week to terminate the letter of engagement with Andy Taylor.

    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.
AI-42931
Cause No. C-2940-11-D; County of Hidalgo, Texas v. Insurors Indemnity Company v. Total Commitment, LLC, Pedro A. & Sylvia L. Gutierrez


     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 settlement of claim where Hidalgo County will claim $55,000 and dismissal of counterclaim.

     Vote: 4 - 0 - Unanimously
 
E.
AI-42938
Cause No. 7:12-cv-116 Luis Caudillo v. Hidalgo County Sheriff's Department

Proceed as Directed.
 
F.
AI-42963
CL-14-0359-E; Mary Lou Gomez v. Hidalgo County

Mr. Guerra stated that this claim has turned into a suit in which Josie Ramirez's office will be filing appropriate documentation for this case.

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

     Vote: 4 - 0 - Unanimously
 
G.
AI-43041
C-0582-14-E; Cynthia Cantu v. Sarai Navarro and County of Hidalgo

Mr. Guerra announced that this claim has turned into a suit.  Josie Ramirez's office will be filing appropriate documentation in this case.

     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
 
H.
AI-43103
County v. MERS (Mortgage Electronic Registration Systems)

Refer to Items 5.A.1 and 5.A.2.
 
I.
AI-42894
Auto Loss Claim 13-08-23-0230

NO ACTION taken on this Item.
 
J.
AI-42934
Auto Loss Claim 13-11-05-0920

NO ACTION taken on this Item.
 
28.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
29.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
30.
 
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: 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 11th day of February, 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 February 11, 2014.

Signed this 11th day of February 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy