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Minutes for CC - REGULAR

SPECIAL MEETING - May 6, 2014

BE IT REMEMBERED, that on this 6th day of May 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
May 6, 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

Pastor Brad Bergs led the Court and Audience in Prayer. Judge Garcia requested a moment of silence in acknowledgement and memory of Mr. Quintin Townsend.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Item 9.I to be pulled for discussion.
 
5.
 
Open Forum

Elijah Casas, District 41 resident, commented on the cost of the proposed new courthouse project. He stated he feels the residents cannot afford for taxes to rise and feels the project will cause a detrimental effect on the community.

Keisha Rogers commented on the hospital district. She stated there are no local solutions to the financial and economic issues. She wanted to express that she was against the Affordable Care Act and feels the County is too poor to afford support the for profit entities involved.

Larry Smith, Republican Candidate for the 34th Congressional District, stated the Federal Government is not helping one of the poorest counties in Texas by implementing the Affordable Care Act.

Opal Billman stated she was sued for divorce 18 years ago. She stated her husband and herself owned 72 acres of debt free property. The court stated it was excess land that could not be divided.

Fern McClaughtery stated that recognition of the elderly should be year round because all the costly projects hurt the elderly by continuing to raise taxes.

Frank Traver commented on the budget item on the agenda. He informed the court of zero based budgeting and its possibilities.

Nathan Schwartz stated that his public requests have been ignored and told they were not available by the Elections Department. He wanted to inform the court that he has begun the appeal process with the Attorney General as to the deficiencies.

Judge Ramon Garcia wanted to remind the community that Commissioners’ Court has refused the increase of taxes for the last 12 years.
 
6.
 
County Judge's Office:
 
A.
AI-44379
1.  Introduction of Erika Reyna-Velazquez, Director of Special Projects.

Ms. Yolanda Chapa introduced Ms. Reyna to the court and audience.  Ms. Reyna has worked for the County from 2006 - 2011 and holds a Masters Degree in Public Administration. 

2.  Discussion of 2014 Budget Initiatives.

Ms. Reyna announced that they have had much progress on identifying initiatives and two specifically in today's agenda.  One being the partnership with State Energy Conservation Office and the identification of additional properties for sale.
 
B.
AI-44382
Proclamation declaring May 2014 as "Elder Abuse Prevention Month"
 

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

 
C.
AI-44373
Discussion, consideration, and possible action regarding nominations to the Rio Grande Regional Water Planning Group.
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to nominate Commissioner A.C. Cuellar, Jr.

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-44383
Discussion, consideration, and approval to adopt Economic Development Incentives Program Guidelines and Criteria under the provisions of Section 381.004 (h).

NO ACTION taken on this Item.
 
E.
AI-44395
Discussion, consideration, and possible action regarding an MOU and/or 381 Agreement with the University of Texas System for the development of and funding for a Medical School in the Lower Rio Grande Valley.

NO ACTION taken on this Item.
 
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 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
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on Items 1,2, and 3.
 
C.
AI-44307
Approval to accept a settlement check from Home State County Mutual Insurance Company in the amount of $97.50 to settle auto accident with County vehicle. (Sheriff Office)
 

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

 
D.
AI-44396
Discussion, authorization and approval to submit the Preliminary Energy Assessment (PEA) service agreement form to State Energy Conservation Office (SECO).

     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

This Item was brought back for discussion after Executive Session for clarification. Commissioner Joe Flores was not present for the vote.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to give authority to Mr. Valde Guerra, Executive Officer,  to be the point of contact and to sign documentation related to this program.

     Vote: 4 - 0 - Unanimously
Attachments:
 
8.
 
Constables:
 
A.
AI-44212
Constable Pct. 1:
Requesting approval to process the following two billing periods as claims with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:

Verizon Southwest Acct#10 5492 2868520171 06  Telephone Lines (956)969-5907 & (956)9695918

February 19,2014 thru March 18, 2014....$244.74
March 19, 2014 thru April 18, 2014..........$132.72
 

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

 
B.
AI-44350
Constable Pct. #4:
Discussion, consideration, and approval for Hidalgo County Constable Pct. 4 continued participation in Texas 1033 Surplus Property Program.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
9.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-44377
Approval of appropriation of funds for the Grand Jury Account in the amount of $110,000.00.

County Auditor, Ray Eufracio, stated he was under the understanding that these funds were going to be used for the Election Contests that were filed and wanted to know if the County was going to be reimbursed.  Ms. Josephine Ramirez clarified that the funds are to be used by the Grand Jury to conduct an investigation.  She stated the Court that is overseeing the Grand Jury has approved the recommendation of vendor to conduct such investigation. Commissioner Joseph Palacios asked when the proceedings will be made public record.  Ms. Ramirez answered that it is a secret process and if it were to become a case after the Grand Jury's investigation, then it becomes public. She added that Judge Israel Ramon, Judge of the 430th District Court, advised them that the Order issued last week will be made public record.  She specified that the monies appropriated are from seized gambling proceeds. Steve Crain, Legal Counsel, explained to Mr. Eufracio that issue at hand is a criminal investigation and the Election Contests are civil matters. Commissioner Joseph Palacios wanted to ensure that the funds were going to be used for an investigation for a criminal matter, not for a civil matter because of the fact that the funds being utilized are public funds.  

     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
    
     Abstained: Commissioner PCT. 3, Joe M. Flores
Attachments:
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-44310
Requesting approval to submit renewal grant application for the Public Health Emergency Preparedness program for FY 15 in the amount of $567,198.00.  This grant requires a ten percent local funding match.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
B.
AI-44311
Requesting approval to accept the Memorandum of Agreement between Hidalgo County and the University of Texas Health Science Center at San Antonio.  The aim of this Agreement is to establish an agreement for the exchange of information and for cooperative research between both institutions in the field of reportable communicable diseases. 
 

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

 
C.
AI-44336
1.  Requesting approval to accept the Title V - Prenatal Services grant contract Amendment #2014-044545-001A.  The purpose of this amendment is to increase the grant funds by $60,000.00.  The effective date of this Amendment is 05/06/14.  

     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.  Requesting approval of the Certification of Revenue as approved by County Auditor. 

     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

3.  Requesting approval of the Budget Appropriation.   

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

     Vote: 5 - 0 - Unanimously
 
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.
 
E.
 
Indigent Health Care Program:
 
1.
AI-44361
Health and Human Services Department:
Requesting approval to attend and participate in the County Affairs 1115 Waiver Hearing scheduled for May 15, 2014 in Austin, TX.  
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
2.
 
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.

At this time, Commissioner A.C. Cuellar, Jr. stepped away from the meeting.
 
11.
 
Community Service Agency:
 
A.
AI-44208
Requesting approval for a FY 2014 CEAP [Comprehensive Energy Assistance Program] Contract No. 58130001960.
 

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:
 
12.
 
IT Department - Renan Ramirez
 
A.
AI-44330
Pct. 2 Various Funds:
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. Account No. Amount
Co. Wide Shop      
Verizon Wireless 9718984671 4-1200-431-00-122-004-0-532 $10.38
Verizon Wireless 9720691666 4-1200-431-00-122-004-0-532 $64.03
Verizon Wireless 9720691666 4-1200-431-00-122-004-0-532 $10.38
Verizon Wireless 9722412639 4-1200-431-00-122-004-0-532 $64.03
Verizon Wireless 9722412639 4-1200-431-00-122-004-0-532 $10.38
Total     $159.20
       
Administration      
Verizon Wireless 9720691656 4-1200-431-00-122-005-0-532 $44.11
Verizon Wireless 9720691656 4-1200-431-00-122-005-0-532 $66.94
Verizon Wireless 9722412629 4-1200-431-00-122-005-0-532 $44.11
Verizon Wireless 9722412629 4-1200-431-00-122-005-0-532 $65.13
Total     $220.29
 

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

 
13.
 
Urban County - Diana Serna:

Commissioner A.C. Cuellar, Jr. joined the meeting.
 
A.
AI-44340
Approval of land acquisition of Parcels #15 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: 5 - 0 - Unanimously

Attachments:
 
B.
AI-44205
Public Hearing regarding the 2014-2015 Hidalgo County Urban County Program’s One Year Action Plan for FY (27).

Judge Garcia opened the Public Hearing for comments.  Ms. Serna stated the annual funding will be $9,909,868.  The division of funds is as follows: $7,581,120 for the CDBG Program, $1,700,924 for the Home Program $627,824 for the Emergency Shelter Grant Program. She informed the court of a request from Proyecto Azteca was made for additional funding for the CHDO Program due to tremendous need.  They would like the court to consider funding from a program be reallocated to the CHDO program.

With no further comments, Judge Garcia closed the Public Hearing.
 
C.
AI-44203
Approval of a Resolution authorizing the County of Hidalgo Urban County Program to submit its 2014-2015 Annual Action Plan (Year 27) to the U.S. Department of Housing and Urban Development (HUD), and authorize County Judge to sign any and all documents related to funding.

     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

The Item was brought back after Item 17.C for further discussion.  Commissioner Joe Flores was not present for the vote.

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

     Vote: 4 - 0 - Unanimously

Mr. Garza, Proyecto Azteca, requested increased program funding for CHDOs due the allocated funds not being sufficient to build the homes they planned on constructing.  Ms. Serna stated that they've allocated $1,700,000 for the Home Program and they identified how the funds are distributed.  She stated that $100,000 goes to Direct Home Ownership Assistance, $930,000 for Owner Occupied (rehabilitation program), and $500,000 for CHDO (Proyecto Azteca and AHSTI) She stated that there is no objection in reallocating funds and recommended they allocate $100,000 from the Direct Home Ownership Assistance line item and possibly $50,000 - $100,000 from the Owner Occupied line item to CHDO, totaling $650,000 - $700,000 for CHDO. 

          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 with revisions to reallocate funds from the Home Program to Community Housing Development Organizations (CHDO) as recommended by Ms. Diana Serna as stated above.

     Vote: 4 - 0 - Unanimously
 
D.
AI-44234
1. Requesting approval to re-certify the Affordable Homes of South Texas, Inc. (AHSTI) as a Community Housing Development Organization (CHDO) within the County of Hidalgo.

      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. Requesting approval to execute the 2012 HOME/CHDO contract for Affordable Homes of South Texas, Inc. (AHSTI) 

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

      Vote: 5 - 0 - Unanimously
Attachments:
 
14.
 
Planning Department - Raul Sesin:
 
A.
AI-44302
 1. Preliminary Approval
a. Sunflower Gardens Subdivision – Pct. 4 (Santa Cruz Properties)

     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

At this time, Commissioner Joseph Palacios stepped away from the meeting.

b. Tierra Del Sol Acres Phase I Subdivision – Pct. 3 (Daniec Land & Cattle Co.)

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

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

     Vote: 4 - 0 - Unanimously

b. La Joya ISD Middle School No. 8 – Pct. 3 (La Joya ISD)

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

     Vote: 4 - 0 - Unanimously

3. Reimbursement of a Cash Deposit
a. Chune Subdivision – Pct. 4 (Quintanilla, Headley & Associates)

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

     Vote: 4 - 0 - Unanimously
 
15.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-44331
Pct. 2 Administration:
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 the County Auditor:

Vendor Invoice No. Account No. Amount
Advance Publishing Co. 140108 4-1200-431-00-122-005-0-540 $378.00
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
16.
 
Precinct #3 - Comm. Flores:
 
A.
AI-44192
Pct. 3 Rd. Maint. (1200):
Approval of 2014 appropriation of funds into Pct #3 Rd. Maint. (program 005)in the amount of $400,578.46 to fund operating expenditures.
 

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:
 
17.
 
Budget & Management - Sergio Cruz:
 
A.
AI-44356
1. Presentation of 2015 Budget Process Calendar.

Commissioner Joseph Palacios joined the meeting.

Mr. Sergio Cruz, Budget Officer, notified the Court that the budget process is to commence. 

2. Approval of the 2015 Budget Process Development Criteria.

Mr. Cruz briefly elaborated on the Budget Process Development Criteria.

     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-44087
1. Authorization to approve the CUC/Tyler Technologies Amended Implementation plan from AI-41553, in order to correct typo on funding source account. (Page 4 of attachment)

     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

2. Authorization for the use of the County's Justice Court Technology Fund. Funds will be used to purchase case management software for the JP Offices.

     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

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

3. Approval of 2014 appropriation of funds in the amount of $645,570.73 to fund the purchase of case management software for JP Offices.

     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
 
C.
 
Budget Appropriations:
 
1.
AI-44318
CO's 2010 A&B (1342)
A. Approval of 2013 unappropriation of funds from CO's Series 2010 A&B - Pct. 4 New Admin #2 (1342) in the amount of $108,036.15. 

     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. Approval of 2013 unappropriation of funds from CO's Series 2010 A&B - Pct. 4 New Shop (1342) in the amount of $43,393.40.

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

     Vote: 4 - 0 - Unanimously

C. Approval of 2013 unappropriation of funds from CO's Series 2010 A&B - Pct. 4 New Warehouse (1342) in the amount of $1,750.20.

     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

CO's 1998 (1328)
D. Approval of 2014 appropriation of funds from CO's Series1998 - Pct. 2 in the amount of $901.96.

     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
 
18.
 
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.

B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-44345
Discussion and approval a "Consent to Pool" Hidalgo County's interest in the following:

"20 acres of land, more or less, Farm Tract NO. 2269, North Capisallo District Sudivision, Llano Grand Grant, Hidalgo County, Texas, according to a map of the subdivision, recorded in Volume 2, Page 7 of the Map Records, Hidalgo County, Texas; said 20.0 acres, more or less, described in a Warranty Deed dated December 26, 1947, from W. H. Drawe to Juan Davila recorded in Volume 634, Page 147 of the Deed Records, Hidalgo County, Texas (See deed and plat attached herein),

including executing the "Consent to Pool" document attached.
 

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:
 
2.
AI-44149
A. Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024(a)(7)(C);

     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. Approval of a "Sole Source Declaration" for Postmaster for the provision of postage and other related services for Hidalgo County Elected Offices, Departments, Programs and/or Agencies (all funding sources) with said declaration to remain in effect unless otherwise revoked by Hidalgo County Commissioners 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

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

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

     Vote: 4 - 0 - Unanimously
 
3.
AI-44290
A.  Discussion, recommendation and approval of the modified list (18) of prospective/nominated County owned properties (as attached hereto) to be offered for sale/commercial development through (soon to be) contracted broker;

     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 excluding the two properties identified, if possible.

     Vote:
4 - 0 - Unanimously

B.  Authority to seek Fair Market Appraisals (FMVs through the County's protocols) for the modified list (as captioned in Item A above) of 18 prospective/nominated County-owned properties as required by statute(s) so as to set minimum bids.

     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:
 
4.
AI-44344
Approval of Construction Change Directive #5 (as drafted/submitted through project architect, Alcocer/Garcia & reviewed/concurred by construction manager, Prodigy) in relation to tile flooring, Remodel IT Room 1st floor, revisions to Commissioners' Court Meeting Room in an amount not to exceed $16,028.00 so as to give general contractor, D. Wilson Construction the notice to proceed and order any necessary supplies or items, if applicable.

Mrs. Marty Salazar advised that there was a correction to the amount to be $16,289.00, instead of $16,028.00.  Mr. Eufracio was concerned over the incorrect amount on the caption and the verbage in the document and wanted to know which was correct; recommended no action.  Mrs. Salazar stated it was change order directive and there would still have to be a change order submitted with the final price. Mr. Eufracio wanted to know if this would increase the total cost and Mrs. Salazar replied that it would, but not $16,289.00 as confirmed by the architect and construction manager. She stated there are still credits due from the construction contractor.

     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-44327
Acceptance and approval of the final construction contract documents for the project:  Hidalgo County Precinct No. 2 "Gearhart Drive Paving and Drainage Improvements" project (CC action 4-15-14) to Rojas Heavy Equipment, LLC dba Rojas Construction & Paving in the amount of $185,675.92 through Contract # C-14-078-04-15.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to corrections by adding the County to the certificate of insurance and provide the worker's compensation certificate of insurance.

Vote: 4 - 0 - Unanimously

 
2.
AI-44179
Seeking ratification of fully executed Change Order No. 1 for an additional 39 Contract Days due to Inclement Weather & Work Stoppage by Irrigation District No. 2 with contractor Texas Cordia Construction, LLC for, "Lowering of Canal Crossing & Road Widening at Eldora & Sgt. Leonel Trevino Roads," for Pct. No. 2 as submitted though project engineer Javier Hinojosa Engineering (C-CAP-13-192-07-30.)
 

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 with corrections being engineer Cruz Hogan and the contract number to reflect C-CAP-13-293-07-30.

Vote: 4 - 0 - Unanimously

Attachments:
 
3.
AI-44355
Approval of the following requisition listed for operating expenditures exceeding $7,500:
Program  Requisition No. Vendor  Amount Item 
Pct 2 Moore Rd Project  256242  Roy's Hauling Service, Inc.  $9,056.12  Hauling Service for Caliche for Moore Rd Project 
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
 
County Clerk
 
1.
AI-44094
Acceptance and approval of the continuation of the Able Scan Document Scanstation maintenance  software service Agreement for Hidalgo County Clerk as provided by Tyler Technologies, Inc. (**see: BACKGROUND-information herein) including, but not limited to, the continuation of services through the life term of the system in place by County Clerk's Office including annual payment for term ending 2014 thru assigned requisition #250869 and thereafter annually.
 

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

Vote: 4 - 0 - Unanimously

 
19.
 
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: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-44323
Cause No. 7:12-cv-116 Luis Enrique Caudillo v. Hidalgo County Sheriff's Department
 
D.
AI-44346
Claim of Leland P. Polk
 
E.
AI-44351
Claim of Jose Reyes Del Bosque

NO ACTION taken on Items 19.A - 19.E.
 
20.
 
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-44324
Cause No. 7:12-cv-116 Luis Enrique Caudillo v. Hidalgo County Sheriff's Department
 

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 of this case in the amount of $15,000.

Vote: 4 - 0 - Unanimously

 
D.
AI-44347
Claim of Leland P. Polk
 

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 $211.09.

Vote: 4 - 0 - Unanimously

 
E.
AI-44352
Claim of Jose Reyes Del Bosque
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $915.00.

Vote: 4 - 0 - Unanimously

 
21.
 
Closed Session:
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.
 
23.
 
Adjourn
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, 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 6th day of May, 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 May 6, 2014.

Signed this 6th day of May 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy