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Minutes for CC REGULAR

SPECIAL MEETING - March 5, 2014

BE IT REMEMBERED, that on this 5th day of March 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 JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
March 5, 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 Joe M. Flores.
 
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.
 
5.
 
Open Forum

Opal Billman stated that she had never heard of a petition for divorce where the court awards community property to themselves. The Court decided that their community property was excess land with no value and named their son as manager of their community property. Currently, the property has been divided to others.

Fern McClaugherty commented on the monies for the Drainage District from the taxpayers. She also commented on the CERTZ project. She wanted to know what it was going to cost the constituents and feels that it's only going to bring up property value and cost the taxpayers more money.

Daniel Diaz questioned the plans for Precinct 3 in regards to the drainage issue and feels that transparency is important. He also wanted to inform the court and the public about L.U.P.E.'s 11th Anniversary Cesar Chavez March in San Juan on Saturday, March 29th at 9 AM. He also wanted to promote the Cesar Chavez movie that will be playing on 28th of March at Carmike Theatre.

Eddie Olivarez commented on the visit from Congressman Ruben Hinojosa which was doing a presentation on the Affordable Care Act. He informed the court and public about a special enrollment event at the Mcallen Convention Center on Thursday and Friday, March 20th and 21st from 9 AM through 4 PM. This event is to assist the public in enrolling in obtaining an insurance plan.
 
6.
 
County Judge's Office:
 
A.
AI-43380
Authorization for Judge Ramon Garcia to sign the Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan form to be submitted by the Hidalgo County Housing Authority for their Annual Year Capital Fund Program application. 
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to review by Urban County Program.

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-43378
Approval to process the following invoices as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor. 




Xerox Corporation




 
Invoice Date Invoice No. Amount
12/01/2013 071376573 $233.10
01/01/2014 071874499 $233.10
02/02/2014 072510671 $233.10
 
 

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

Vote: 4 - 0 - Unanimously

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

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

NO ACTION taken on Items 1 and 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors

Alex Palacios, Prodigy Construction Management, presented a slideshow with an update on the project and new expenses that the court will have to review.

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

NO ACTION taken on this Item.

3) Emergency situations occurring since last agenda meeting

NO ACTION taken on this Item.

At this time, Hector "Tito" Palacios stepped away from the meeting.
 
C.
AI-43346
Approval to accept settlement check from Allstate Insurance Company in the amount of $2,110.48 to settle 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

 
D.
AI-43347
Approval to accept settlement check from USAA Garrison Property & Casualty Insurance Company in the amount of $335.10 to settle auto accident with County vehicle. (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

 
E.
AI-43391
Approval to accept settlement check from National Union Fire Insurance Company in the amount of $901.98 to settle auto accident with County vehicle. (HIDTA Task Force)
 

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

 
F.
AI-42922
Approval of 2014 Library Interlocal Agreements between Hidalgo County and the following cities: Alamo, Donna, Edinburg, Elsa, Hidalgo, La Joya, McAllen, Mercedes, Mission, Penitas, Pharr, San Juan and Weslaco
 

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

 
G.
AI-43404
Environmental Compliance:
Reporting the submittal of Hidalgo County's Tier 2 Chemical Inventory Report for 2013 to Texas Department of State Health Services and requesting payment of the associated fee of $100.00 based on types and quantities of materials stored by the county
 

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:
 
8.
 
Constables:
 
A.
AI-43320
Constable Pct. 3-LBSP (1284) :
1. Authorization and approval to accept the Local Border Security Program FY 2014 (LBSP-14) Grant Award No: LBSP-14-0030 in the amount of $46,000.00.
2. Authorization for County Judge, as authorized official, to sign grant award form and related documents.

     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 - Unanimously

3. Authorization to pay overtime reimbursable under the grant terms and conditions.

     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

4. Approval of Certification of Revenues, as certified by the County Auditor, for the Local Border Security Program FY2014 (LBSP-14)

      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

5. Approval to appropriate funds for LBSP-14 in the amount of $46,000.00. 

     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
 
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

Mr. Eddie Olivarez updated the court with the Health Care Funding District monies. He stated that $22,334,681.90 has been collected from the hospitals as of yet. They are being processed and reviewed by the auditor and budget offices and will be brought for certification next week.

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-43300
Requesting approval to submit a request for increase in Bioterrorism Discretionary grant funds in the amount of $11,334.00 with a local match funding requirement of $1,259.00. 
 

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:
 
D.
AI-43301
Requesting approval to apply for the 2014 Binational Health Council funding in an amount up to $6,500.00.
 

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:
 
E.
AI-43329
Public hearing to consider public comments for the Rules for Regulation of Food Establishments in the Unincorporated Areas of Hidalgo County, pursuant to Texas Health & Safety Code Ann. Section 437.001 ET Seq., as amended; 25 Texas Administrative Code Section 229.161 - 229.171, 229.173 - 229.175, as amended; 25 Texas Administrative Code section 229.373, as amended. 
Topics for discussion include: 
1.  Fee changes
2.  Permit application process
3.  Inspections
4.  Parking, water and electricity agreements
5.  Push cart regulations
6.  Flea market requirements
7.  Mobile food vendor requirements

Commissioner Hector "Tito" Palacios joined the meeting.

Judge Garcia opened the public hearing and with no comments from the public nor the commission, Mr. Olivarez proceeded with his presentation. These changes are due to the issues/problems that have arisen from mobile and food vendors.  The handout included all the changes that have been made in order to better the policy.  The mobile vendor will now have to drive their mobile unit to be inspected at the Health department every 120 days to avoid the vendor attaching their unit to a fixed structure. 
Ms. Gonzalez, D.A.'s Office, requested that the fee schedule be effective immediately. She stated that those vendors that go in for renewals or new permits would be under this new policy.  The mobile vendors will also have to be TXDOT approved. The main component is to enforce the improvement of quality of public health security and safety.
Attachments:
 
F.
AI-43330
Discussion, consideration and approval of the Rules for Regulation of Food Establishments in the Unincorporated Areas of Hidalgo County, pursuant to Texas Health & Safety Code Ann. Section 437.001 ET Seq., as amended; 25 Texas Administrative Code Section 229.161 - 229171, 229173 - 229.175, as amended; 25 Texas Administrative Code section 229.373, as amended. 
 

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 to be effective immediately.

Vote: 4 - 0 - Unanimously

Attachments:
 
10.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-43218
Applications for Adult Probation for the 2015 Grant Cycle of the Criminal Justice Division (CJD) of the Governor's Office

1. DWI Court Program
a. Permission to apply for the continuation of the DWI Court Program 

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

     Vote: 4 - 0 - Unanimously

b. Permission to be appointed the Authorized Official for the DWI Court Program

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

     Vote: 4 - 0 - Unanimously

2. Veterans Treatment Court Program
a. Permission to apply for the continuation of the Veterans Treatment Court Program

     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. Permission to be appointed the Authorized Official for the Veterans Treatment Court Program 

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

     Vote: 4 - 0 - Unanimously

3. Monitoring Compliance for High Risk Offenders Program
a. Permission to apply for the continuation of the Monitoring Compliance for High Risk Offenders Program

     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. Permission to be appointed the Authorized Official for the Monitoring Compliance for High Risk Offenders Program 

     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

4. Prostitution Prevention Court Program
a. Permission to apply for the continuation of the Prostitution Prevention Court Program

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

     Vote: 4 - 0 - Unanimously

b. Permission to be appointed the Authorized Official for the Prostitution Prevention Court Program

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

     Vote: 4 - 0 - Unanimously
 
11.
 
Urban County - Diana Serna:
 
A.
AI-43333
Discussion, consideration and approval to accept counter offer to purchase a tract of land known as Parcels 2,3,4,6,8,9,10,11 and 12 for the Delta Area Connector / East Lateral Project (GLO 12-406-000-6453/DRS 210068).
 

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

Attachments:
 
B.
AI-43222
 Urban County Program on behalf of the City of Mercedes is requesting authority to purchase fire station equipment (spreaders, quick kick ram support and twinline hose) for the Mercedes Fire Department. Purchase will be made from Wilson Fire Rescue (contract # EE08-13) an approved vendor through Hidalgo County’s membership and participation with H-GAC. The total amount of purchase is $7,230.00 (quote attached) for the Mercedes Fire Department funded thru FY 26 (2013) Mercedes – Fire Station/Equipment line item and the city’s general funds.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
AI-43225
 Urban County Program on behalf of the City of Progreso is requesting authority to purchase playground equipment for the Progreso City Park. Purchase will be made from American Parks Company (contract # 423-13), an approved vendor through Hidalgo County’s membership and participation with State of Texas Buy Board. The total amount of purchase including installation is $42,000.00 (quote attached) for the Progreso City Park funded thru FY’s 24 & 26 (2011 & 2013) Progreso – Park, Recreational Facilities 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: 4 - 0 - Unanimously

Attachments:
 
12.
 
Planning Department - Raul Sesin:
 
A.
AI-43312
1. Preliminary Approval with Variance Request
a. Maiz Acres No. 5 Subdivision – Pct. 1 (Evon Harbison)

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

     Vote: 4 - 0 - Unanimously

2. Preliminary Approval
a. Campbell Estates Subdivision – Pct. 1 (David Campbell)
b. Rojas Subdivision – Pct. 4 (Rafael Rojas) 

     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 of Items a and b.

     Vote: 4 - 0 - Unanimously

3. Final Approval
a. Huisache Acres No. 10 Subdivision – Pct. 4 (Rick Harbison) 

     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. Idea Quest Subdivision – Pct. 4 (Idea Public School)

     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

c. RSBR DG (FM 2812) Subdivision – Pct. 4 (Esdgar Cantu)

     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

d. Aurora Valley Phase 3 Subdivision – Pct. 1 (Mike Rhodes)

     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

4. Final Approval with Financial Guarantee
a. Eduardo’s No. 12 Subdivision – Pct. 3 (Diana Izaguirre)

     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
 
13.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-43401
1. Approval of interlocal agreement between the Regional Mobility Authority (RMA) and the County of Hidalgo, Tx to provide Right of Way Acquisition Services in which a portion of the proposed roadway is within the County for the US 281/Military Highway Overpass, State Highway 365, and International Bridge Trade Corridor Projects.

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

     Vote: 4 - 0 - Unanimously

2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the interlocal cooperation agreement project to assist the Regional Mobility Authority (RMA) in the acquisition of right of way for the US 281/Military Highway Overpass, State Highway 365, and International Bridge Trade Corridor Projects.

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

     Vote: 4 - 0 - Unanimously
 
B.
AI-43258
Appointment/Reappointment of Hidalgo County Regional Mobility Authority (HCRMA) member. 
 

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 to reappoint Michael Cano.

Vote: 4 - 0

 
C.
AI-43319
Precinct 2 ICA W/SJ-Eldora & Sgt Trevino Rd (1200):
Approval of 2014 appropriation of funds from Pct 2 Road & Bridge fund balance in the total amount of $682,929.86 to fund construction contract# 13-293-12-20 with Texas Cordia Construction, LLC for "Hidalgo County Pct 2 Lowering of Canal Crossing & Road Widening at Eldora & Sgt Trevino Road.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
AI-43326
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 the County Auditor.

Vendor Invoice No Amount
Mobile Relays Partners, LTD AIR0032819 $30.00
Mobile Relays Partners, LTD AIR0032822 $36.00
Mobile Relays Partners, LTD AIR0032824 $79.99
Mobile Relays Partners, LTD AIR0032820 $137.97
Mobile Relays Partners, LTD AIR0032818 $875.90
 
 

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: 4 - 0 - Unanimously

Attachments:
 
E.
AI-43402
Pct 2 Road & Bridge (1200):
Approval of 2014 appropriation of funds into Various Precinct 2 Road & Bridge Projects in the amount of $650,000.00 to fund project expenditures from (1200) fund  balance.

     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

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
Attachments:
 
14.
 
Budget & Management - Sergio Cruz:
 
A.
AI-43328
1. Presentation, discussion, and direction on Sanitation Program.

Mr. Sergio Cruz presented a slideshow on the proposed Sanitation Program.  The non-exclusive plan would cost approximately two million dollars a year and the existing sanitation employees would remain.  Commissioner Cuellar stated that other counties have yet to be successful in a project as such and believes the plan may not work for our county being that it is a larger county than others.  Mr. Cruz feels illegal dumping may increase due to everyone being charged for disposal of trash, but the matter will have to be addressed the way it is today. Commissioner Cuellar recommended charging at collection stations to generate funds.  Mr. Cruz stated that if that were done, a five dollar monthly fee would generate approximately 2.7 million dollars in revenue. The illegal dumping will continue to exist, but he feels it would not be as predominate as the privatization route. Commissioner Joseph Palacios was concerned over some areas in his Precinct due to some constituents having their homestead deep into their properties. He believes that a fee at collection sites would be a good start to evaluate the scale of participation by the constituents.  He feels each Precinct should be visited individually to assess the needs of those areas. Mr. Cruz stated he would proceed as directed.

2. Presentation and discussion of Tire Shredding Project.

Mr. Cruz presented a slideshow on the possibility of purchasing a Mobile Tire Shredder. The approximate cost would be 341,000.00 and forecasts a savings of $300,000.00 in a five year period.  The intention is to transport the Shredder from one location to another throughout the county.  With the court in favor, he stated that they will proceed with the purchasing department to begin the process of this project.

3. Presentation, discussion and status update of various budget initiatives.

Mr. Cruz, along with other departments, identified thirty-three (33) budget initiatives to present to the court. The presentation was a status update on methods of addressing the budget issue.
 
B.
AI-43364
Precinct No.4 TxDOT Projects:
1. Approval of Advance Funding Agreement (AFA) between Hidalgo County and Texas Department of Transportation from FM 1925 (Kenyon Road to FM907) CSJ: 1803-02-028 with authority for the County Judge to sign required documentation.

     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. Approval of Agreement for Right of Way Procurement for FM 1925 (from Kenyon Road to FM 907) CSJ: 1803-02-033 with authority for the County Judge to sign required documentation.

    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

3. Approval of Agreement for Right of Way Procurement for FM 2220 (from Mile 5 to FM 1924) CSJ: 2094-01-044.

     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 Hector "Tito" Palacios joined the meeting.
 
C.
AI-43403
County Energy Transportation Reinvestment Zone (CETRZ):
1. Discussion, consideration and approval of an Order authorizing the creation of a County Energy Transportation Reinvestment Zone (segment of FM1017).

Mr. Sergio Cruz, Budget Officer, explained that an $800,000 grant is available to the county if they apply by organizing a reinvestment zone.   There is no automatic tax increase within the zone and if there were an increase in property value, the incremented taxes would go toward projects to improve the zoned area.  He informed the Court that the segment includes four (4) parcels which does not affect the RMA project and within an area which is not anticipated to have valuation growth within ten (10) years.  Commissioner wanted to recognize the fact that most other counties in the state applying for this grant have used firms to prepare for the process, yet our county has used in-house staff.  
     
     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: 4 - 0 - Unanimously

2. Approval and appointment of members of CERTZ Advisory Committee

NO ACTION taken on this Item.

3. Discussion, consideration and approval to apply for the FY2014 County Transportation Infrastructure Fund Grant Program

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

     Vote: 4 - 0 - Unanimously

4. Discussion, authorization and approval of designating Wallace Road and Brushline Road Projects to be funded by the County Transportation Infrastructure Grant Program

Mr. Eufracio questioned the cost of the project due to the grant amount being set at $800,000.  Mr. Cruz stated that the projects are approximately $1.2 million each; therefore, they may only work on one project and the precinct would need to identify funds from their budget to make up the difference in cost. Commissioner Joseph Palacios stated that there may be additional funds available due to not all counties taking advantage of the grant.  Mr. Cruz agreed and stated that they would submit grant amendments, yet TXDOT has not outlined how the process would work.  

     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

5. Discussion, consideration and approval of accepting county road report(s) to be included in the minutes of the Commissioner’s Court

     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

Judge Garcia asked what the purpose of the committee will be.  Mr. Cruz stated that they would be looking at various projects that can be done within the zone.  The committee will only be an advisory committee and can only make recommendations to the court.  The life of the committee and zone would be for ten (10) years and shall terminate thereafter.
 
D.
 
Budget Appropriations:
 
1.
AI-43389
Precinct 4 TxDOT (1315):
Approval of 2014 appropriation of funds in the total amount of $19,465.00 for FM 2220 (Ware Road) TxDOT project (ROW CSJ:2094-01-044;CONST CSJ: 2094-01-038). 
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
15.
 
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.
 
Pct. 1
 
1.
AI-43170
Presentation of sole bid received as detailed in tabulation sheet contained herein meeting all specifications and/ or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County PCT 1- " Hauling Services for all Road Materials" through project No.: 2014-017-02-12-MEG.

Mrs. Marty Salazar stated that Roy's Hauling had the sole bid.
 

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

Vote: 4 - 0 - Unanimously

 
2.
AI-43377
Acceptance and approval to purchase One (1) New 2014 Cat Model CT660 Roll-Off Truck with standard equipment through Hidalgo County's Membership participation with National Joint Powers Alliance (NJPA) awarded Contract #060311-CAT in the amount of $151,697.38.
 

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.
 
Pct. 2
 
1.
AI-43248
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a 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

B. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional engineering services for (as needed basis) for various precinct projects in Precinct No. 2.
 
Evaluators R. Gutierrez Engineering  S & G Engineering R. E. Garcia and Associates
Scores 97 94  82
Ranking  1  2  3

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

     Vote: 4 - 0 - Unanimously

C. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of R. GUTIERREZ ENGINEERING for: (as needed basis) for various precinct projects in Precinct No. 2.

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

     Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-43332
A. Requesting approval of an "order" granting an exemption from competitive bidding requirements under Texas Local Gov't Code, Chapter 262, Section .024 (a)(7) "an item that can be obtained from only one source.";

     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. Approval of a "Sole Source Declaration" with AEP Texas Central Company with authority to enter into a "Contribution-In-Aid-of Construction Agreement" in the amount of $10,951.41 commencing with the new Precinct. #2 Equipment & Maintenance Facility for the installation/extension of an overhead single phase and thereafter for any other applicable elected office, department, program, agency (from all eligible and applicable funding sources). 

Mr. Eufracio had a concern as to the date of the agreement and Mrs. Marty Salazar stated it would be effective from today's action.

     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: 4 - 0 - Unanimously

At this time, Commissioner Joseph Palacios stepped away from the meeting.
Attachments:
 
3.
AI-43379
Requesting authority to advertise with approval of RFB plans and specifications developed by project engineer, Raul Sesin, P.E., Hidalgo County Planning Department for:  Hidalgo County Precinct No. 2 -"Gearhart Drive Paving and Drainage Improvements"-RFB No. 2014-078-04-02-MSS.
 

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

Vote: 3 - 0

 
C.
 
Pct. 3
 
1.
AI-43355
Acceptance and approval of the following claims/invoices with Safehouse Security Systems for the provision of security monitoring services at the Penitas Landfill-Precinct 3 with the authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor:

Invoice #120532-$20.00-01/01/14-01/31/14
Invoice #121024-$20.00-02/01/14-02/28/14
 

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:
 
D.
 
Pct. 4
 
1.
AI-43390
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. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

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 (as needed basis) for Fair Market Appraisal for County Owned Property located within Hidalgo County Precinct No. 4.
 
evaluators HLH Appraisal Services Intrega  Realty Resources Leonel Garza Jr., & Associates
Evaluator 93 91 96
Ranking  2  3  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.

     Vote: 3 - 0 - Unanimously

C. Authority for the Purchasing Department to negotiate a professional appraisal services contract with the No. 1 ranked firm of Leonel Garza Jr., & Associates  for: (as needed basis) for Fair market Appraisal for County Owned Property 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: 3 - 0 - Unanimously
Attachments:
 
2.
AI-43376
Requesting authority to advertise the construction with approval of plans and specifications developed/drafted by project architect, Mata-Garcia Architects, L.L.P. for Hidalgo County Precinct No. 4 -Construction of The Linn - San Manuel Emergency Service Facility . RFB No. 2014-067-04-02-MSS.
 

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

Vote: 3 - 0

Attachments:
 
E.
 
WIC
 
1.
AI-43353
Acceptance and approval of "First Amendment" to the current lease agreement with WIC Program to reflect name change of lessor from A&J Martinez, LP to Julcar, LLC.
 

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

Vote: 3 - 0

 
F.
 
Sheriff's Office
 
1.
AI-43160
Presentation of sole bid received as detailed in tabulation sheet contained herein meeting all specifications and/ or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County Sheriff's Office- "Polygraph Examiner for (Pre-Employment, Criminal, Suitability)" through project No.: 2014-018-02-05-MEG.

Mrs. Salazar stated the sole bid was awarded to Purpose Driven Polygraph Investigative Consolidated, LLC.  There will be a correction to the contract clarifying the name as Purpose Driven, not Purpose Drive.
 

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

Vote: 3 - 0 - Unanimously

 
16.
 
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. 2, HECTOR 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-43374
C-2643-11-C; Thomas Fonseca et al v. City of Weslaco and County of Hidalgo
 
D.
AI-43344
Claim of Veronica Espinoza
 
E.
AI-43349
Claim of Juan L. Fonseca
 
F.
AI-43387
Claim of Carlos Silva

NO ACTION taken on Items 16.A - 16.F.
 
17.
 
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-43375
C-2643-11-C; Thomas Fonseca et al v. City of Weslaco and County of Hidalgo

NO ACTION on this Item.
 
D.
AI-43345
Claim of Veronica Espinoza
 

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 for settlement authority in the amount of $100.00.

Vote: 3 - 0 - Unanimously

 
E.
AI-43350
Claim of Juan L. Fonseca
 

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 for settlement authority in the amount of $126.60.

Vote: 3 - 0 - Unanimously

 
F.
AI-43388
Claim of Carlos Silva
 

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 for settlement authority in the amount of $100.00.

Vote: 3 - 0 - Unanimously

 
18.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
19.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
20.
 
Adjourn
 

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

Vote: 3 - 0 - Unanimously

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 5th day of March, 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 March 5, 2014.

Signed this 5th day of March 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy