SPECIAL MEETING - February 18, 2014
BE IT REMEMBERED, that on this 18th 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 JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 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 18, 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 for the exception of Commissioner Hector "Tito" Palacios.
All members of the Court were counted present for the exception of Commissioner Hector "Tito" Palacios.
2.
Pledge of Allegiance
Judge Garcia led the Court and Audience in reciting the 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.
Virginia Townsend led the Court and Audience in Prayer.
4.
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
The Court moved to approve the Consent Agenda.
5.
County Judge's Office:
A.
AI-43189
Resolution in Honor of the Mission High School FFA Parliamentary Procedure Team for Winning the Silver Medal Emblem Award at the 86th Annual National FFA Convention
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:
B.
AI-43188
1. Approval of appointment of interns from Business, Education, and Technology Academy in Edinburg:
Valeria Fernanda Sanches - Marentes
Samantha A. Mendoza
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. Authorization for County Judge to sign Affilliation Agreement for Internship-Preceptorship Program
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
Valeria Fernanda Sanches - Marentes
Samantha A. Mendoza
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. Authorization for County Judge to sign Affilliation Agreement for Internship-Preceptorship Program
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
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.1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to Item 20.C; CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
Vote: 3 - 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 20.F; Claim of Clarissa Ruiz.
Vote: 3 - 0 - Unanimously
2. Requesting engagement with the firm of ATLAS, HALL & 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 20.C; CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
Vote: 3 - 0 - Unanimously
2. Requesting engagement with the firm of GILL PERALEZ 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 20.F; Claim of Clarissa Ruiz.
Vote: 3 - 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 20.C; CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
Vote: 3 - 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 20.F; Claim of Clarissa Ruiz.
Vote: 3 - 0 - Unanimously
2. Requesting engagement with the firm of ATLAS, HALL & 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 20.C; CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
Vote: 3 - 0 - Unanimously
2. Requesting engagement with the firm of GILL PERALEZ 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 20.F; Claim of Clarissa Ruiz.
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
Mr. Alex Palacios, Prodigy Construction Management, LLC, and Jessie Rodriguez, Prodigy Project Manager, presented an update on the renovations of the administration building. He announced that during a saw cut, the worker hit a high voltage line, yet immediate action was taken and no one was hurt. They also encountered a floating slab during the saw cutting in which large voids were discovered underneath the concrete. Due to code update the I.T. department will also be getting a dry pipe system versus a wet pipe system. Mr. Valde Guerra stated that other issues have arisen and possibly will continue to arise and will be dealt with accordingly.
2) Update on other ongoing county owned building construction and renovation repair projects
Mr. Guerra stated he will have a presentation next week.
NO ACTION taken on this Item.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this Item.
Commissioner Joseph Palacios joined the meeting and Commissioner Joe Flores stepped away from the meeting.
1) Renovations to Former Administration Building 1st and 2nd Floors
Mr. Alex Palacios, Prodigy Construction Management, LLC, and Jessie Rodriguez, Prodigy Project Manager, presented an update on the renovations of the administration building. He announced that during a saw cut, the worker hit a high voltage line, yet immediate action was taken and no one was hurt. They also encountered a floating slab during the saw cutting in which large voids were discovered underneath the concrete. Due to code update the I.T. department will also be getting a dry pipe system versus a wet pipe system. Mr. Valde Guerra stated that other issues have arisen and possibly will continue to arise and will be dealt with accordingly.
2) Update on other ongoing county owned building construction and renovation repair projects
Mr. Guerra stated he will have a presentation next week.
NO ACTION taken on this Item.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this Item.
Commissioner Joseph Palacios joined the meeting and Commissioner Joe Flores stepped away from the meeting.
C.
AI-43119
1. Approval to accept settlement agreement from State Farm Insurance Company in the amount of $6,766.11 to settle total loss auto accident with County vehicle. (Sheriff Office)
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
2. Approval to authorize Valde Guerra, Commissioners' Court Executive Officer, to sign Power of Attorney forms for title purposes to settle total loss auto claim with State Farm Insurance Company.
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
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
2. Approval to authorize Valde Guerra, Commissioners' Court Executive Officer, to sign Power of Attorney forms for title purposes to settle total loss auto claim with State Farm Insurance Company.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
D.
AI-43190
Acceptance of settlement check in the amount of $4,106.28 in connection with Subrogation Claim Against Noe Vela 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.
Vote: 3 - 0 - Unanimously
Attachments:
E.
AI-43217
Requesting approval to authorize/appoint Luciano Garza as volunteer intern
Mr. Garza would be filling out all appropriate documents with our Human Resources department and will be working at the Purchasing department.
Mr. Garza would be filling out all appropriate documents with our Human Resources department and will be working at the Purchasing department.
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
7.
Constables:
A.
AI-43021
Constable Pct. #3
Requesting approval and authorization to submit the Chapter 59 Asset Forfeiture Report for FY2013 as required by the Texas Attorney General.
Requesting approval and authorization to submit the Chapter 59 Asset Forfeiture Report for FY2013 as required by the Texas Attorney General.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-43030
Constable Pct. 3:
Requesting authorization for the County Judge to execute the FY 2013 Equitable Sharing Agreement and Certification Report - Hidalgo County Constable Precinct 3
Requesting authorization for the County Judge to execute the FY 2013 Equitable Sharing Agreement and Certification Report - Hidalgo County Constable Precinct 3
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
C.
AI-43139
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:
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-20131130 | 11/30/2013 | $174.00 |
| Lexis Nexis | 12802H-20131231 | 12/31/2013 | $174.00 |
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
8.
Human Resources - Esther Cortez:
A.
AI-42951
Sheriff's Office- Jail Commissary (2102):
1. Approval to create one (1) new full time position as follows:
2. Approval of revised salary schedule.
1. Approval to create one (1) new full time position as follows:
| Action | Dept/Program | Slot# | Position Title | Proposed Budgeted Salary |
| Create | 280-015 | 014 | Clerk III | $26,014.00 |
2. Approval of revised salary schedule.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 1 and 2.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-43018
District Clerk (1100):
1. Approval of the following personnel actions:
2. Approval of revised salary schedule.
1. Approval of the following personnel actions:
| Action | Slot No. |
Position Title | Proposed/ Budgeted Salary |
| Delete | 0007 | Accountant III | $47,703.00 |
| Create | 0078 | Deputy District Clerk Supervisor | $39,108.00 |
2. Approval of revised salary schedule.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 1 and 2.
Vote: 3 - 0
Attachments:
C.
AI-43013
Budget and Management (1100):
1. Approval of the following personnel actions:
2. Approval of revised salary schedule.
1. Approval of the following personnel actions:
| Action | Dept/Program | Slot No. | Position Title | Proposed / Budgeted Salary |
| Delete | 115-001 | 0012 | Comm Court Agenda Coord | $40,898.00 |
| Create | 115-001 | 0032 | Administrative Assistant I | $24,929.00 |
2. Approval of revised salary schedule.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of Items 1 and 2.
Vote: 3 - 0
Attachments:
9.
Sheriff's Office:
A.
AI-42942
Requesting approval to process invoice# 0174 for Coronado Wrecking Storage in the amount of $300.00 as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
10.
Tax Office - Paul Villarreal:
A.
AI-42965
Discussion, consideration, and approval to execute an inter-local agreement between the County of Hidalgo and the City of Progreso for Scofflaw vehicle registration denial services.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B.
AI-43015
Presentation for consideraton, discussion and approval of Amendment One to Lease Between the County of Hidalgo and the State of Texas Registration and Title Systems (RTS) information Resources and Support to include the use of Remote Sticker Printing Systems (RSPS) to reflect equipment at the Tax Office located in the new Administration Building in Edinburg.
Requisition# 251408.
Requisition# 251408.
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
Attachments:
C.
AI-42969
Prensentation for discussion, consideration, and approval of a new Car Dealer Agreement between Hidalgo County and Penske Automotive Group (PAG McAllen T1, LLC dba Frank Smith Toyota and PAG McAllen H1, LLC dba Frank Smith Hyundai). Dealer desires to act as an agent of the Tax Assessor Collector in the issuance of motor vehicle license registration stickers and license plates.
Mr. Eufracio had concerns on the contract and needs clarification. He clarified that the Tax Office already had a contract with Frank Smith Toyota and Hyundai, but another company purchased them; hence the need for a new agreement. He stated that Frank Smith Toyota and Frank Smith Hyundai will be issuing new registration stickers, not renewals, and not selling license plates. Mr. Eufracio also wanted clarification on the work stations that each dealership will have and Mr. Villarreal stated there will be two, one at each dealership and posting a $5,000 cash deposit for each station. Mr. Villarreal stated the concerns will be corrected.
Mr. Eufracio had concerns on the contract and needs clarification. He clarified that the Tax Office already had a contract with Frank Smith Toyota and Hyundai, but another company purchased them; hence the need for a new agreement. He stated that Frank Smith Toyota and Frank Smith Hyundai will be issuing new registration stickers, not renewals, and not selling license plates. Mr. Eufracio also wanted clarification on the work stations that each dealership will have and Mr. Villarreal stated there will be two, one at each dealership and posting a $5,000 cash deposit for each station. Mr. Villarreal stated the concerns will be corrected.
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
11.
Health & Human Services Department - Eddie Olivarez
A.
AI-43127
Requesting approval of the Interlocal Cooperation Agreement between City of McAllen and Hidalgo County. (The purpose of the Agreement is to provide the South Texas Hurricane conference for personnel who respond and provide services in cases of emergencies involving hurricanes and other potential public calamities.)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-43017
Approval of "Summary of our Business Ethics Program Compliance Policy Manual" between Mission Hospital, Inc. and 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: 3 - 0 - Unanimously
Attachments:
C.
AI-42923
Approval to pay claim to Mid Valley Cemetery Inc, Invoice #18 in the amount of $1,600.00 for date of service 1/15/14.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
D.
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.
NO ACTION taken on this Item.
E.
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.
NO ACTION taken on this Item.
12.
Fire Marshal's Office - Juan Martinez:
A.
AI-43001
Requesting permission to allow Fire Marshal Juan Martinez to attend the 2014 International Training Conference for Fire & Arson Investigators in Las Vegas, Nevada on April 13-18, 2014. Meals-Requisition#251341 Airfare-Requisition#251312 Registration-Requisition#251317 Hotel-Requisition#251298
NO ACTION taken on this Item.
NO ACTION taken on this Item.
Attachments:
13.
Urban County - Diana Serna:
A.
AI-42974
Requesting approval of a program amendment for Hidalgo County Urban County Program for the City of Alton, the proposed program amendment is for the Fiscal Years 22, 23, 24 & 25 (2009, 2010, 2011, 2012) work plans. The Program Amendment will create a Fire Station/Equipment line item to allow for purchase of equipment for the Alton Fire Department.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-43136
1. Requesting acceptance and approval of Work Authorization No. 1 through agreement # C-13-243-08-27 (with an estimated cost of $3,548.00) as submitted by Millennium Engineers Group Inc. for Geotechnical Engineering Services for Old La Blanca Road (from Mile 9 Road to Mile 10 Road), utilizing CDBG FY 26 (2013) Pct. 1 Street Improvements funds.
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. Requesting acceptance and approval of Work Authorization No. 2 through agreement # C-13-243-08-27 (with an estimated cost of $7,185.50) as submitted by Millennium Engineers Group Inc. for construction material testing for Victoria Road (from W. Business 83 to Stites Road), utilizing CDBG FY’s 23 & 25 (2010 & 2012) Pct. 1 Street Improvements funds.
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
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. Requesting acceptance and approval of Work Authorization No. 2 through agreement # C-13-243-08-27 (with an estimated cost of $7,185.50) as submitted by Millennium Engineers Group Inc. for construction material testing for Victoria Road (from W. Business 83 to Stites Road), utilizing CDBG FY’s 23 & 25 (2010 & 2012) Pct. 1 Street Improvements funds.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
C.
AI-43137
Urban County Program on behalf of the City of Weslaco is requesting approval of Amendment No. 1 to the existing contract agreement for professional engineering services with LeFevre Environmental & Management Consulting, LLC. The amendment will modify the plans and specifications to meet the request of the Hidalgo Cameron County Water District No. 9, by realigning the proposed recycle line to run parallel to an existing recycle line and within the proposed 10 ft. utility easement. The fee will increase by $7,460.00 for the Water/Sewer Improvements project for FY’s 24 & 25 (2011 & 2012).
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
14.
Precinct #2 - Comm. H. Palacios:
A.
AI-43027
Requesting acceptance and approval of Work Authorization No.9 (with an estimated cost of $11,378.00) as submitted by Millennium Engineers Group, Inc., Contract #C-13-185-06-18, for Construction Materials Engineering Services for Hidalgo County Precinct No. 2, Equipment Compound and Maintenance Facility project (building).
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
15.
Precinct #4 - Comm. J. Palacios:
A.
AI-43200
Right of Way:
Approval of land acquisition from Arturo & Phyllis Rodriguez - Alberta Drain, Parcel 2
Approval of land acquisition from Arturo & Phyllis Rodriguez - Alberta Drain, Parcel 2
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval in the amount of $13,591.00.
Vote: 3 - 0 - Unanimously
Attachments:
B.
AI-43129
Requesting approval to process the following invoice as a claim with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor.
| Vendor | Invoice No. | Amount |
| Anrige, Inc | 01-143247 | $630.00 |
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
16.
Budget & Management - Sergio Cruz:
A.
AI-42967
Discussion, consideration and approval to submit the Texas VINE Reimbursement Maintenance Invoice in the amount of $6,928.83 (Second Qtr) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with authority for 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: 3 - 0 - Unanimously
Attachments:
B.
Budget Appropriations:
1.
AI-43158
Pct. #1 R&B (1200):
Approval of 2014 appropriation of funds into Precinct No.1 Road Maintenance (program 005) in the amount of $35,935.43.
Approval of 2014 appropriation of funds into Precinct No.1 Road Maintenance (program 005) in the amount of $35,935.43.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
17.
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).
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-42939
Requesting authority to publish an RFQ/P for a consultant for the procurement and purchase of electric energy provider for Hidalgo County when current agreement (through GLO's awarded provider, Reliant Energy) expires in 2015 with approval of procurement packet drafted by Purchasing (sent to V. Guerra/S. Cruz/J. Longoria for review and comment).
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS , the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Commissioner Joe Flores joined the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS , the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Commissioner Joe Flores joined the meeting.
Attachments:
2.
AI-43156
Appointment and/or designation by Commissioner's Court to select/assign an evaluation committee to evaluate and score the request for proposals received for the RFP No.: 2014-028-02-12-CGA-Placement, Housing, Detention and Supervision of Hidalgo County Inmates".
The appointed persons will be Valde Guerra, Executive Officer, Sergio Cruz, Budget Officer, and members of the Sheriff's department and will be supervised by the Purchasing department.
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
The appointed persons will be Valde Guerra, Executive Officer, Sergio Cruz, Budget Officer, and members of the Sheriff's department and will be supervised by the Purchasing department.
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
Attachments:
3.
AI-42940
Options for the procurement of publishing statutory and non-statutory advertisements:
A. Pursuant to AG-Opinion JC-0223, discussion and action for HCCC to define the term "newspaper of general circulation" as contained in the Texas Government Code statute 2051.044 more specifically to mean:
a. A newspaper that reaches all areas of Hidalgo County? YES X ; NO ___
b. A newspaper that publishes everyday so as to accommodate publication of Public Hearings (as statutes require CC) to encourage public involvement and also meet deadlines such as 14 days prior to said public hearings? YES X ; NO ___
c. A newspaper that publishes on weekends to attempt to reach as many readers/residents/vendors/etc. to comply with statutory obligation to encourage competition in the procurement process. This requirement will also resolve those individuals that do not have internet or television exposure; YES X ; NO ___
d. A newspaper that has web-page access on a continuous basis; YES X ; NO ____
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on Items (a) - (d).
Vote: 4 - 0 - Unanimously
B. If Item A approved as to definition of a "newspaper of general circulation", requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section 262.024(a)(7), "an item that can be obtained from only one source" as various/numerous State/Local Statutes, Administrative, Election, Family, Tax Codes, Etc. (i.e. Tx. Gov't. Code 2051, Tx. Local Gov't. Code 262.055, Tx. Admin. Code. etc.) and all Other Applicable Laws that dictate publication in a a newspaper;
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
C. Requesting a "Sole Source Declaration" for The Monitor for the publication of statutory ads and/or notices qualifying under HCCC definition as a "newspaper of general circulation" and assigned NIGP commodity code #915-02;
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. Authority to purchase ad and/or notice space from The Monitor (through the requisition and Purchase Order established protocol) for as long as The Monitor continues as said Sole Source Provider;
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. Authority to solicit sealed quotes (on a 12 month basis as it appears that the $50K threshold will not be exceeded for NIGP commodity code 915-71-Advertising) for the publication of all non-statutory newspaper ads or notices for Hidalgo County in a newspaper that qualifies under Tx. Gov't. Code 2051.044 (& not containing HCCC definition) with Purchasing to develop and draft specifications.
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
Mrs. Marty Salazar stated as a point of information that they will meet with The Monitor to negotiate a better rate.
A. Pursuant to AG-Opinion JC-0223, discussion and action for HCCC to define the term "newspaper of general circulation" as contained in the Texas Government Code statute 2051.044 more specifically to mean:
a. A newspaper that reaches all areas of Hidalgo County? YES X ; NO ___
b. A newspaper that publishes everyday so as to accommodate publication of Public Hearings (as statutes require CC) to encourage public involvement and also meet deadlines such as 14 days prior to said public hearings? YES X ; NO ___
c. A newspaper that publishes on weekends to attempt to reach as many readers/residents/vendors/etc. to comply with statutory obligation to encourage competition in the procurement process. This requirement will also resolve those individuals that do not have internet or television exposure; YES X ; NO ___
d. A newspaper that has web-page access on a continuous basis; YES X ; NO ____
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on Items (a) - (d).
Vote: 4 - 0 - Unanimously
B. If Item A approved as to definition of a "newspaper of general circulation", requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section 262.024(a)(7), "an item that can be obtained from only one source" as various/numerous State/Local Statutes, Administrative, Election, Family, Tax Codes, Etc. (i.e. Tx. Gov't. Code 2051, Tx. Local Gov't. Code 262.055, Tx. Admin. Code. etc.) and all Other Applicable Laws that dictate publication in a a newspaper;
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
C. Requesting a "Sole Source Declaration" for The Monitor for the publication of statutory ads and/or notices qualifying under HCCC definition as a "newspaper of general circulation" and assigned NIGP commodity code #915-02;
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. Authority to purchase ad and/or notice space from The Monitor (through the requisition and Purchase Order established protocol) for as long as The Monitor continues as said Sole Source Provider;
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. Authority to solicit sealed quotes (on a 12 month basis as it appears that the $50K threshold will not be exceeded for NIGP commodity code 915-71-Advertising) for the publication of all non-statutory newspaper ads or notices for Hidalgo County in a newspaper that qualifies under Tx. Gov't. Code 2051.044 (& not containing HCCC definition) with Purchasing to develop and draft specifications.
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
Mrs. Marty Salazar stated as a point of information that they will meet with The Monitor to negotiate a better rate.
Attachments:
4.
AI-43155
A. Requesting exemption from competitive procurement requirements under Tx Local Gov't Code, Ch/Sect, 262.024(a)(4), a professional service;
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 a letter of engagement with the Espinoza Law Firm for the provision of legal services for the Hidalgo County Civil Service Commission with a term of two (2) years with Hidalgo County's sole option to renew/extend for an additional two (2), one (1) year terms under the same rates, terms and conditions.
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: 4 - 0 - Unanimously
At this time, Commissioner Joe Flores stepped away from the meeting.
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 a letter of engagement with the Espinoza Law Firm for the provision of legal services for the Hidalgo County Civil Service Commission with a term of two (2) years with Hidalgo County's sole option to renew/extend for an additional two (2), one (1) year terms under the same rates, terms and conditions.
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: 4 - 0 - Unanimously
At this time, Commissioner Joe Flores stepped away from the meeting.
Attachments:
B.
Pct. #2
1.
AI-42987
Consideration and approval of Interlocal Cooperation Agreement between Hidalgo County and Hidalgo County Drainage District No.1 for the purchase and authorized transfer and inclusion of an asset, an Excavator (2004 Volvo EC 330 Short Boom Excavator) to Hidalgo County Precinct No.2 inventory in the amount of $47,996.80.
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.
Vote: 3 - 0 - Unanimously
Attachments:
C.
Precinct #4:
1.
AI-43213
a. Acceptance and approval of Amendment No.1 to WA#1 (to clarify and correct Exhibit B-Scopes of Services, Task 2 No. 2-will not have a sub-consultant for this project and correction to the Work Schedule with correct timeline) in connection to Agreement (C-13-132-06-25) with LeFevre Engineering & Management Consulting, LLC for the purposes of "job specific" PROJECT: Sunflower Road Park Project Ph I located within Hidalgo County Precinct No. 4.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT.4, JOSEPH PALACIOS , the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
b. Acceptance and approval of Amendment No.1 to WA#1 (to clarify and correct Exhibit D-Cost Proposal and to engage Rio Delta Surveying for sub-consulting services under Article 14 in connection to Agreement (C-13-132-06-25) with Perez Consulting Engineer, LLC for the purposes of "job specific" PROJECT: Curry Estates Drainage Improvements, located within Hidalgo County Precinct No. 4.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT.4, JOSEPH PALACIOS , the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
b. Acceptance and approval of Amendment No.1 to WA#1 (to clarify and correct Exhibit D-Cost Proposal and to engage Rio Delta Surveying for sub-consulting services under Article 14 in connection to Agreement (C-13-132-06-25) with Perez Consulting Engineer, LLC for the purposes of "job specific" PROJECT: Curry Estates Drainage Improvements, located within Hidalgo County Precinct No. 4.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
18.
Open Forum
Opal Billman stated that their community property was not divided. She states that the divorce was never finalized due to his death and was never dismissed. She stated the court felt they could take their property and keep it.
Virginia Townsend commented that there is no reason Open Forum should be in the end and should be moved back to the beginning of the hearing.
Fern McClaugherty expressed to the court that people are disappointed in the tax increases that are being proposed. She also commented on Item 16.A in which she feels the court can fine a county employee which can do the job instead of hiring a consultant.
Opal Billman stated that their community property was not divided. She states that the divorce was never finalized due to his death and was never dismissed. She stated the court felt they could take their property and keep it.
Virginia Townsend commented that there is no reason Open Forum should be in the end and should be moved back to the beginning of the hearing.
Fern McClaugherty expressed to the court that people are disappointed in the tax increases that are being proposed. She also commented on Item 16.A in which she feels the court can fine a county employee which can do the job instead of hiring a consultant.
19.
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:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
A.
Real Estate Acquisition
B.
Pending and/or potential litigation
C.
AI-43211
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
D.
AI-43111
Claim of Diana Clark
E.
AI-43169
Claim of Rene Rios
F.
AI-43175
Claim of Clarissa Ruiz
NO ACTION taken on Items 19.A - 19.F.
NO ACTION taken on Items 19.A - 19.F.
20.
Open Session:
A.
Real Estate Acquisition and appropriation for same
NO ACTION taken on this Item.
NO ACTION taken on this Item.
B.
Pending and/or potential litigation
NO ACTION taken on this Item.
NO ACTION taken on this Item.
C.
AI-43212
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
Refer to Item 6.A.1 and 6.A.2.
Refer to Item 6.A.1 and 6.A.2.
D.
AI-43112
Claim of Diana Clark
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 $25.00.
Vote: 3 - 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 for settlement authority in the amount of $25.00.
Vote: 3 - 0 - Unanimously
E.
AI-43171
Claim of Rene Rios
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 $50.00.
Vote: 3 - 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 for settlement authority in the amount of $50.00.
Vote: 3 - 0 - Unanimously
F.
AI-43176
Claim of Clarissa Ruiz
Refer to Items 6.A.1 and 6.A.2.
Refer to Items 6.A.1 and 6.A.2.
21.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
22.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
23.
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: 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 18th 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 18, 2014.
Signed this 18th 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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 18th 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 18, 2014.
Signed this 18th 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