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Minutes for CC - REGULAR

SPECIAL MEETING - June 17, 2014

BE IT REMEMBERED, that on this 17th day of June 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
June 17, 2014
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

All members of the Court were counted present.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 12.E.5 and 12.H to be pulled for discussion.
 
5.
 
Open Forum

Virginia Townsend relayed her opinion on the new court house design and the financial means to which it will be constructed. She also mentioned that she is not happy about the current Border situation. She also mentioned unfair practices with the Appraisal District and people whom own trailers.

Fern McClaugherty expressed her thoughts on the subject of tax increase for the construction of the new courthouse and her belief that if given an opportunity to vote on, Hidalgo County citizens would most likely be opposed. She recommended the County prioritize on future projects, stating that instead of building a new courthouse the county should look into border security.

Ramon Salinas, a citizen from Country View Subdivision, requested the court to consider implementing improvements on the conditions of the subdivision including water, lighting, trash, and drainage.

Opal Billman explained the standings of her divorce case and her community property and voiced the unfair practices of the court decision to not dismiss the case when her husband died and the dividing of her property to outside entities.

Martha Sanchez, community organizer and coordinator of LUPE, expressed her concerns of the courts vote/choice of vender for waste management. She feels that the vote should be postponed so that the court could better assess the needs and opinions of the people.

Elda Gonzalez, resident of Taurus 14 colonia and LUPE member, expressed her concerns on the proposals of trash collector venders and asked the courts to postpone their decision for better consideration of the people from these colonias opinions on the matter.

Yvette Salinas, a member of LUPE, expressed her gratitude for the Commissioners and County Judge for their assistance on public lighting for the colonias.

Bobby Villarreal, County Judge’s office, updated the Court and public on a meeting with Border Patrol Deputy Chief Ortiz on the issue of Central American immigrants. He reported that the situation is being handled by the Federal Government and a policy matter which has no effect on county resources.

Ricardo Godinez, Democratic Party Chair, wanted to inform the public that the process in electing a new Sheriff is a transparent one. Recommendations are still in progress. Two rounds have been determined to be in need due to the amount of those interested in running for the position. The Constable selection will go through a similar process.

The Court proceeded to Item 15.A.
 
6.
 
County Judge's Office:
 
A.
AI-44993
Recognition of the Hidalgo County WIC Program being selected as one of 25 community agencies and medical facilities in the U.S., Canada, Mexico, India and Brazil to receive the 2014 Community Care Award from the International Board of Certified Lactation Consultant Examiners (IBCLCE) and International Lactation Consultant Association (IBLCA)

The WIC Program was recognized for their Baby Café, located at Woman's Hospital at Renaissance, which provides breastfeeding help and support, from both skilled health professionals and other moms, in a friendly, non-clinical, café-style environment. Baby Café provides breastfeeding help and support from both skilled health professionals and other moms, in a friendly, non-clinical, café-style environment. 
 
B.
AI-45055
Approval of Proclamation in support of Region One ESC My Brother's Keeper - Building Ladders of Opportunity Initiative.
 

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.
AI-45061
1. Presentation by contracted architect, ERO Architects for acceptance and approval by the Hidalgo County Commissioners Court of the Schematic Design for the New Hidalgo County Courthouse

     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. Discussion and possible action regarding the next steps for the New Hidalgo County Courthouse 

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."

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 as it pertains to Item 19.A.

Vote: 3 - 0 - Unanimously

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 as it pertains to Item 24.E; Cause #CL-14-2283-G; Leonarda Rodriguez-Serna v. Hidalgo County

Vote: 3 - 0 - Unanimously

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 as it pertains to Item 24.F; Civil Action No. 7:14-CV-00438; David Carrizales and Rogelia Stabolito v. Guadalupe "Lupe" Trevino, Sheriff, etal

Vote: 3 - 0 - Unanimously

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

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS , the Court made a UNANIMOUS vote of approval as it pertains to Item 19.A.

Vote: 3 - 0 - Unanimously

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

Commissioner Hector "Tito" Palacios stated that he has no relation with the above entity.

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 as it pertains to Item 24.E.

Vote: 3 - 0 - Unanimously

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

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 as it pertains to Item 24.F; Civil Action No. 7:14-CV-00438; David Carrizales and Rogelia Stabolito v. Guadalupe "Lupe" Trevino, Sheriff, etal

Vote: 3 - 0 - Unanimously

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

Mr. Guerra clarified that Michael Lee, under this suit, would be representing Gerardo Mendoza Duran and any other unnamed officers associated with this litigation in Hidalgo County.

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 as it pertains to Item 24.F; Civil Action No. 7:14-CV-00438; David Carrizales and Rogelia Stabolito v. Guadalupe "Lupe" Trevino, Sheriff, etal

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 showed the Court and audience a short status video of the Administration building.

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 2 and 3.
 
C.
AI-44939
Approval to accept check from Travelers Insurance Company in the amount of $9,392.32 for reimbursement of amount exceeding SIR in connection with the claim of Francisco De Luna and Elizabeth Diaz, Case 7:10-cv-00268.
 

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:
 
D.
AI-45026
Approval to accept settlement check from Endeavor General Agency, LLC in the amount of $13,741.82 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: 4 - 0 - Unanimously

 
E.
AI-45071
Discussion, consideration and action on re-scheduling the court meeting of Tuesday, July 1, 2014

      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 the rescheduled meeting to be Monday, June 30, 2014.

     Vote: 4 - 0 - Unanimously

The Court proceeded to Item 11.D.
 
8.
 
Constables:
 
A.
AI-45048
 Constable Pct. 3

Approval of appropriation of the 2011 Operation Stonegarden Supplemental Grant Funds for the Constable Precinct 3 Department in the total amount of $66,413.00
Attachments:
 
B.
AI-45067
Constable Pct. 4
1. Authorization and approval to purchase through the State of Texas Surplus Property Program under Chapter 2175.001 of the Texas Government Code and Sec. 262.024 (9) c. for: Two (2) 2011 Ford Crown Victoria's police interceptor model vehicles and equipment (light bars, stalker radars, deck lights and center consoles) for the total amount of $15,040.00.

     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: 4 - 0 - Unanimously

2. Authorization for Purchasing Department to process a requisition and issue a purchase order and County Treasurer's to cut a check made payable to: Texas Department of Public Safety after completion of County Auditor's review procedures.

     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
 
 
C.
AI-45018
CONSTABLE PCT 4 US TREASURY (1259):
1. Approval of certification of revenues, as certified by the County Auditor, for the confiscation of narcotic funds awarded and received from the U.S. Department of Homeland Security Office.

     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. Approval of 2014 appropriation of funds for Constable Precinct 4 - US TREASURY (1259) in the amount of $38,981.04.

    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
Attachments:
 
9.
 
Human Resources - Esther Cortez:
 
A.
AI-44935
Elections Department (1100):
1. Discussion, consideration and approval to extend the following eight (8) temporary full time positions through the end of the year 2014.  Effective 07/01/2014 through 12/30/2014:

Slot # Position Title Dept No. Proposed
Budget Salary
T-157 Elections Clerk   130-001 $9,560.00/yr
T-158 Elections Clerk   130-001 $9,560.00/yr
T-159 Elections Clerk   130-001 $9,560.00/yr
T-160 Elections Clerk  130-001 $9,560.00/yr
T-161 Elections Clerk   130-001 $9,560.00/yr
T-163 Elections Clerk   130-001 $9,560.00/yr
T-164 Elections Clerk   130-001 $9,560.00/yr
T-165 Elections Clerk   130-001 $9,560.00/yr

2. Approval of intradepartmental transfer.
3. 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 on Items 1 - 3.

Vote: 4 - 0 - Unanimously

 
10.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-44796
Approval of the following expenses in accordance with Exiting Officials Expenditure Policy:

Vendor Amount Item Purpose of Expense
Promaxima Manufacturing, LTD $18,014.00 Weights/Treadmills/Elliptical Cross Trainer Provide Excercise Equipment

NO ACTION taken on this Item.
Attachments:
 
B.
AI-44800
Approval of the following expenses in accordance with Exiting Officials Expenditure Policy:
Vendor Amount Item Purpose of Expense
Texas Bar CLE $695.00 Registration 2014 Advanced Criminal Law Seminar
 
Rene Guerra $369.60 Mileage Reimbursement Attend 2014 Advanced Criminal Law Seminar
 
Rene Guerra $744.12 Lodging The Westin Galleria Houston
 
Rene Guerra $186.00 Meals Attend 2014 Advanced Criminal Law Seminar-7/20/2014-7/24/2014
 
Total $1,994.72    
 

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: 4 - 0 - Unanimously

Attachments:
 
11.
 
Sheriff's Office:
 
A.
AI-45053
1. Discussion, authorization, and approval to execute the Operation Stonegarden 2011 Supplemental Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management (Texas Department of Public Safety) between the County of Hidalgo and the City Police Departments of Hidalgo, Mission, and Pharr.

2. Sheriff Office 2011 Supplemental Operation Stonegarden Grant (1284):
Approval to appropriate the following city budgets for awarded amounts pursuant to sub-recipient interlocal agreements with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management (Texas Department of Public Safety):

 

City of

Amount
1 Hidalgo 57,388.92
2 Mission 119,576.79
3 Pharr 187,200.22
4 Texas Dept. of Public Safety (DPS) (To allocate at later date)  97,981.33
TOTAL    462,147.26

NO ACTION taken on Items 1 and 2.

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
B.
AI-45068
Sheriff Office 2011 Operation Stonegarden Grant (1284):
1. Approval to appropriate the following budgets for additional awarded amounts pursuant to amended sub-recipient interlocal agreements with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management (Texas Department of Public Safety): 

     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. Discussion, authorization, and approval to execute amendments to the Operation Stonegarden Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management (Texas Department of Public Safety) between the County of Hidalgo and the City Police Departments of  Hidalgo, Mission, Pharr, and the Texas Department of Public Safety.
 
 
Sub-recepient
Additional Funding
Total Award
       
1  Hidalgo 57,388.92 69,252.71
2  Mission 119,576.79 221,695.22
3  Pharr 187,200.22 279,967.66
4  Texas Dept. of Public Safety 97,981.33 97,981.33
  Total 462,147.26 668,896.92

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

     Vote: 3 - 0 - Unanimously
 
C.
AI-44994
1. Authorization to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2012 Supplemental award of $1,015,824.82 and authorization for County Judge, as authorized official, to sign (and initial) 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

2. Authorization to accept the extension of grant to new termination date of 8/15/14 as noted on the Grant Adjustment Notice (GAN).

     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

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

     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

4. Approval of Certification of Revenues as certified by the County Auditor for the FY 2012 Operation Stonegarden Grant Supplemental.

     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 the budget for Sheriff's Office portion of the FY 2012 Operation Stonegarden Grant Supplemental in the amount of $168,221.42. 

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

     Vote: 3 - 0 - Unanimously
 
D.
AI-44996
This Item was voted on after Item 7.E. Commissioner Hector "Tito" Palacios was present for the vote.

1. Authorization and approval to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2011 Supplemental award of $528,560.26 and authorization for County Judge, as authorized official, to sign (and initial) required 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.

     Vote: 4 - 0 - Unanimously

2. Authorization to accept the extension of grant to new termination date of 8/15/14 as noted on the Grant Adjustment Notice (GAN).

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

     Vote: 4 - 0 - Unanimously

3. Authorization  to pay Overtime reimburseable 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: 4 - 0 - Unanimously

4. Approval of Certification of Revenues as certified by the County Auditor of the FY 2011 Operation Stonegarden Supplemental.

     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
 
E.
AI-45070
Sheriff Office 2012 Operation Stonegarden Grant (1284):
1. Approval to appropriate the following budgets for additional awarded amounts pursuant to three additional sub-recipient interlocal agreements with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management (Texas Department of Public Safety): 

NO ACTION taken on this Item.

2. Discussion, authorization, and approval to execute the Operation Stonegarden Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management (Texas Department of Public Safety) between the County of Hidalgo and the Texas Department of Public Safety (TXDPS), Texas Parks and Wildlife (TPWD), and the Office of the Attorney General (OAG).
 
 
Subrecepient
Amount
1 TXDPS 530,880.20
2 TPWD 292,089.60
3 OAG 24,633.60
TOTAL 847,603.40

     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
 
12.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-44876
Requesting approval to submit grant application for the DSHS Community Preparedness Section Discretionary Funding Opportunity.  
 

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-44909
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by County Auditor.

1.  Kevin Nolting Consulting, LLC - Invoice #418 - $902.07
 

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.
 
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.
 
D.
 
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.
 
13.
 
Facilities Management:
 
A.
AI-44588
Facilities Management:
Requesting approval to process the following invoice as a claim with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:

Vendor: Notification #  Date:  Amount:
Department of State Health Services 2014002160 05/01/2014 62.00
    Total: 62.00
 

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

 
14.
 
Urban County - Diana Serna:
 
A.
AI-45063
 Acceptance and approval of the Interlocal Cooperation Agreement between Hidalgo County and Hidalgo County Irrigation District No. 6 to improve Mile 2 North Road from Abram Road to La Homa Road to include a bridge over and across the Irrigation’s main canal.

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

     Vote: 3 - 0 - Unanimously


At this time, Commissioner Hector "Tito" Palacios joined the meeting.
 
B.
AI-44979
The Urban County Program is requesting authorization to waive the CDBG Redistribution and Recapture Policy for program year 26 (2013).
 

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.
AI-44955
Urban County Program on behalf of Precinct No.1 is requesting approval for the purchase and installation of a water pump at the Sunset Park baseball fields from Green Thumb Landscaping LLC in the total amount of $2,495.00, utilizing FY 21 (2008) Parks, Recreational Facility 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

 
D.
AI-44889
 Urban County Program, on behalf of Precinct No.3, is requesting approval of a contract extension with HLH Appraisal Services for an additional six (6) months to complete the appraisal review reports for the General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068 project known as Penitas Drain
 

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-44866
 Urban County Program on behalf of the City of Alamo is requesting consideration and action to award and enter into a requirements agreement for purchase of materials with Upper Valley Materials, LLC for the purchase of Hot Mix Asphaltic Concrete and delivery service on a force account Street Improvements project in the amount of $75.00 per ton. It is estimated that 190 tons will be required for this project for a total of $14,250.00 utilizing UCP - City of Alamo Street Improvement funds FY 25 (2012).
 

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

 
F.
AI-44848
 TheUrban County Program is requesting approval of a Budget & Program Amendment for the City of Peñitas workplans for Fiscal Years 24 & 25 (2011 & 2012). The Street Improvements projects will be cancelled and those funds will be transferred into the Parks, Recreational Facility Improvements line item for additional funding to the Peñitas Memorial Park.
 

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:
 
G.
AI-44756
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services.
 
     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering firms from the county’s approved “pool” as graded and evaluated by the City of Progreso, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 25 & 26 (2012 & 2013) City of Progreso – Street Improvements funds.
 
Professional Service Firm Grade Ranked
Javier Hinojosa Engineering 95.67%  1
MGE Civil Engineering 88.67%  2
Chanin Engineering LLC 85.33%  3
 
     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. Authority to negotiate a professional engineering service contract with the highest ranked firm JAVIER HINOJOSA ENGINEERING for a Urban County Program Years 25 & 26 (2012 & 2013) City of Progreso – Street Improvements project.

     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
 
H.
AI-44858
1. Requesting approval to re-certify Proyect Azteca as a Community Housing Development Organization (CHDO) within the County of Hidalgo.

     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

2. Requesting approval to execute the 2008/2012 HOME/CHDO contract for Proyecto Azteca 

     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
 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-44863
This Item was voted on after Open Forum.

1. Appointment of the Early Voting Ballot Board for the July 1, 2014 Democratic Primary Runoff Election.
2. Appointment of the Central Counting Station for the July 1, 2014 Democratic Primary Runoff Election.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 1 and 2 appointing Kenna Giffin, Julio Garza, Peter Salinas as the Ballot Board members and Aaron Alonzo and Christina Walker as the Central Counting Station members.

     Vote: 4 - 0 - Unanimously
Attachments:
 
16.
 
Head Start Program - Teresa Flores:
 
A.
AI-44902
Discussion/Approval of Memorandum of Understanding between Hidalgo County Head Start Program and Pharr-San Juan-Alamo (P-SJ-A)Independent School District

NO ACTION taken on this Item.
Attachments:
 
B.
AI-44903
Presentation for Discussion, Consideration and Approval to Enter into a Memorandum of Understanding (MOU) between Hidalgo County Head Start Program and the Community Development Corporation of Brownsville (CDCB) and Community Resource Group, Inc. (CRG)

     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

At this time, Judge Garcia stepped away from the meeting.
Attachments:
 
C.
AI-44904
Presentation for Discussion, Consideration and Approval of a One Year Interlocal Agreement for the Lease of Premises between the Edcouch-Elsa Independent School District and Hidalgo County Head Start Program
 

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

 
D.
AI-44905
1. Requesting Exemption from Competitive Bidding Requirements under the Texas Local Government Code 262.024(a)(4)A Professional Appraisal Services

     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. Presentation of the Scoring Grid (for the Purpose of Ranking by County Commissioners) of the Firms Graded and Evaluated through the County’s Approved “Pool” of Appraisal Services for the Appraisal of the Head Start Leased Land and Facilities
Total
Scores
Leonel Garza, Jr & Associates George Jaime Salazar Professional Appraisal Services
Evaluator 1 100 75 80
Evaluator 2 93 76 78
Evaluator 3 93 75 88
Scores 286 226 246
Average 95.33 75.33 82.00
Ranking                         1                  3                           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: 3 - 0 - Unanimously

3. Authority to Negotiate a Professional (Appraisal Service) Contract with the No. 1 Ranked Firm of LEONEL GARZA, JR. & ASSOCIATES, for the Appraisal of the Head Start Leased Land and Facilities

     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
 
17.
 
WIC - Norma Longoria:
 
A.
AI-44877
1. WIC Lactation Center (1292):
a. Approval to amend the WIC Contract (No.2014-045054) in the amount of $191,677.00 for the WIC Lactation Center.

     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. Approval of Certification of Revenues as certified by the County Auditor for the FY2014 WIC Lactation Center.

     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

c.  Approval to create the following positions:

Slot
No.
Position
Title
Proposed
Budgeted Salary
0001 Registered Nurse International Board Certified Lactation Consultant $87,360.00
0002 Peer Counselor Manager $27,996.00
0003 Peer Counselor I $20,800.00
0004 Peer Counselor I $20,800.00
0005 Custodian (part-time) $8,818.00 pr yr/
$8.4788 pr hr

d. Approval of appropriation of funds in the amount of $191,677.00.

     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

e. Approval of FY2014 WIC Lactation Center 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.

    Vote: 3 - 0 - Unanimously

2. Peer Counselor (1292):
a. Approval to amend the WIC BF Peer Counselor Grant (No.2014-045054) in the amount $4,400.00.

     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

b. Approval of Certification of Revenues as certified by the County Auditor for the WIC BF Peer Counselor Grant  

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

     Vote: 3 - 0 - Unanimously

c. Approval of appropritation of funds in the amount of $4,400.00.

3. Lactation Services(1292):
a. Approval to amend the WIC Lactation Services Grant (No.2014-045054) in the amount $18,000.00.

     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

b. Approval of Certification of Revenues as certified by the County Auditor for the WIC Lactation Services Grant

c. Approval of appropritation of funds in the amount of $18,000.00.

     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 of Items b and c.

     Vote: 3 - 0 - Unanimously
 
18.
 
Planning Department - Raul Sesin:
 
A.
AI-44875
1. Reimbursement of Financial Guarantee
a. Sendero Trails Ph. I Subdivision – Pct. 4 (Megaware Corp.)

     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. A & V Subdivision – Pct. 4 (Aldo Quintanilla)

     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. Discussion and possible action of accepting participation from JGF Enterprises, L.P. (Gary Frisby) for road construction of Cesar Chavez Rd (North of Ramseyer Rd to East of proposed subdivision site).

     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
 
19.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-44850
Right of Way:
Authorization to proceed with Condemnation Proceedings on Alberta Drain Project Parcel 8- Idalia I. Ruiz

     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

This Item was further discussed during Open Session. 

Refer to Item 7.A.1 and 7.A.2.
Attachments:
 
B.
AI-45011
Discussion and action to approve First Amendment between the County of Hidalgo,the Edinburg Consolidated Independent School District, City of McAllen and Hidalgo County Drainage District No.1; regarding Mile 17 1/2 Road 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: 3 - 0 - Unanimously

Attachments:
 
C.
AI-44960
Pct. #4- Emergency Service Facility (1301):
1.  Approval of Certification of Revenues as certified by the County Auditor for the Emergency Service Facility Project in Linn San Manuel.

     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 2014 appropriation of funds for the Emergency Service Facility Project in the amount of $250,000.00.

     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
Attachments:
 
D.
AI-45032
Approval of Supplemental Agreement No. 1 to Master Multiple Use Agreement between the State of Texas and Hidalgo County for the Linn-San Manuel Beautification Project (US 281 to SH 186)
 

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

 
20.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-44864
Requesting approval to pay annual service fee to Regional Organized Crime Information (ROCIC) in the amount of $150.00 (requisition#258084) for the Hidalgo County HIDTA Task Force, with the authority for the County Treasurer to issue a check after review, audit, and processing procedures are completed by the 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:
 
21.
 
Budget & Management - Sergio Cruz:
 
A.
AI-44754
Sanitation Program
1.  Consideration, discussion and approval to develop and implement one or more of the following Sanitation Program Models:

    A. Exclusive Service Agreement
    B. Non-exclusive Service Agreement(s).
    C. Permit User Fee

2.  Approval of resolution to implement service agreement(s), if applicable.
3.  Approval of order to access permit user fee, if applicable.

The Court would like more time to have meetings with the organizations with whom it will affect to obtain input on the project. Mr. Cruz suggested they may introduce a hybrid version of the project to recieve some input as well.  He stated he would attempt to conduct all public hearings held with the various organizations prior to the following meeting on June 30th.

NO ACTION taken on Items 1 - 3.

At this time, Judge Garcia joined the meeting.
 
22.
 
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-45041
Presentation of the bids received for the purpose of awarding (Primary & Secondary contracts) to the responsible vendors submitting the lowest and best bids for: Bulk Fuel On-Off Highway Diesel Fuel Products:

Mrs. Salazar stated that Gold Star trailed in the scoring grid by 23/100ths of a cent and could not make a decision based on such a narrow bid. Taking other matters into consideration, the court determined that Arguindegue was the better choice.

Primary bid award and contract Arguindegue Oil;
Secondary bid award and contract Gold Star Petroleum.

     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-44784
a. Presentation of scoring grid for the purposes of ranking by Commissioner's Court,  the responses received in connection with the Request for Proposals for: Hidalgo County - "Financial Advisory Services";
 
FIRM NAME AVERAGE SCORE RANKED
FIRST SOUTHWEST 89.83     2 
ESTRADA HINOJOSA 90.33

     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. Requesting authority for Purchasing Department to proceed to negotiate a letter of engagement - agreement with the number one ranked firm of ESTRADA HINOJOSA for the provision of financial advisory and related service for Hidalgo County.   

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

     Vote: 4 - 0 - Unanimously
 
3.
AI-44570
A.  Requesting approval of clarification/correction of AI#36906 (CC 3/20/13) as the term of agreement was erroneously captioned as one (1) year, clarify document to  reflect the correct term as stated  (i.e. through the life term of the existing equipment in place) for monitoring services for the County owned building located at 9805 N. 10th St., McAllen, TX, with ASG Security, paragraph 2C, including the continuation of services through the life term of the monitoring equipment in place by user department.

     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 to modify current approved agreement with ASG Security for monitoring services for the County Owned building located at 9805 N. 10th St., McAllen, TX to include Open and Close log services for a monthly amount of $5.00 for a new monthly total amount of $33.95.

     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. Acceptance and approval to process ASG Security invoices(attached) for services from the month of March thru May. 

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

     Vote: 4 - 0 - Unanimously
 
4.
AI-44893
a.  Presentation of the scoring grid from the Evaluation Committee  for the proposals received and graded for the purpose of ranking by Commissioner's Court in connection to the County's RFP for: "Real Estate Broker Services"-RFP No.: 2014-132-05-28CGA);


PARTICIPANT'S NAME AVERAGE SCORE RANKED
W-M Keller Williams Realtors 80              2
CBRE INC. 94              1
 
     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.  Requesting authority for Purchasing Department to commence negotiations with the number one (1) ranked broker: CBRE INC.

     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
 
5.
AI-44642
Award of bid and contract to the responsible vendor submitting the the lowest and best bid (as detailed in tabulation sheet contained herein) and meeting all specifications and/or requirements for titled: Hidalgo County-Custodial Services for New Administration Building, fka, K-mart Bldg, located at 2812 S. Bus. Hwy. 281, Edinburg, TX" through project No.: 2014-049-03-26-SGS.
 

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 award the contract to AMB Janitorial Service.

Vote: 4 - 0

 
B.
 
Pct. 1
 
1.
AI-44872
Acceptance and approval of a Professional Appraisal Service Agreement #C-14-264-06-17 with Leonel Garza, Jr. & Associates, LLC for the provision of "Appraisal Services" (on call-on an as needed basis) for projects located with Hidalgo County Precinct No. 1 and (as selected through County's protocol from the "POOL" of Appraisers by CC on 05/27/14).
 

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: 4 - 0 - Unanimously

 
C.
 
Pct. 2
 
1.
AI-44933
Approval of the following requisitions listed for operating expenditures exceeding $7,500:

Program  Requisition No. Vendor  Amount Item 
Pct 2 Whalen Rd Project 258204  Rio Valley Pipe $10,978.80  Culverts for Road Project 
Pct 2 Whalen Rd Project 258217  Martin Marietta Materials  $12,474.00  Caliche for Road Project
Pct 2 Moore Rd Project 257971 Frontera Materials $27,956.00 Asphalt for Road Project
Pct 2 Whalen Rd Project 258267 Frontera Materials $112,868.00 Asphalt for Road Project
 

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:
 
2.
AI-44896
Approval of the following invoices listed for previously approved purchase orders for operating expenditures exceeding $7,500.00:
 
Invoice No Vendor Amount
B394831-IN Arguindegui Oil CO II LTD $  8,200.41
B395981-IN Arguindegui Oil CO II LTD $  9,060.43
 

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: 4 - 0 - Unanimously

Attachments:
 
3.
AI-44943
A.  Requesting "waiver" of provision #1 of Hidalgo County's Exiting Elected Officials Expenditure Policy in connection with requisitions exceeding the limit of $7,500.00 as the delay would have caused the inability to commence a scheduled road construction project and thus leaving County staff and resources idle;

     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.  Ratification of Purchase Order #s 710131 & 710141 in connection with expedited purchase of road construction materials for Whalen Road Project.

     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
Attachments:
 
D.
 
Pct. 3
 
1.
AI-44891
Acceptance & approval of the following invoices submitted by contracted/project engineer, L & G Consulting Engineers, Inc.:
1. Invoice No. 11324840- $56,828.97 for "Mile 2-Moorfield Rd West to SH364"
2. Invoice No. 11324842- $5,499.13 for "Mile 2-North-Inspiration to Moorefield Rd"
3. Invoice No. 11324844- $52,510.00 for "Liberty Road Project";
4. Invoice No. 11324845- $42,853.86 for "FM 494-Shary Road Project";
5. Invoice No. 11324846- $64,849.14 for "Mile 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 of items 1 - 5.

Vote: 4 - 0 - Unanimously

Attachments:
 
2.
AI-44925
Approval of a professional engineering services contract/agreement for the provision of general engineering services for, "Road & Bridge Projects, Drainage Improvements Projects and All Other Projects for Precinct No. 3," with Javier Hinojosa Engineering as authorized & approved for negotiations by CC on 05/27/14.
 

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:
 
E.
 
Pct. 4
 
1.
AI-45047
a.  Approval of a lease agreement between Hidalgo County and Union Pacific Railroad Company (address-1051 N. Doolittle Rd. , Edinburg, Texas 78542) for use of "The Premises to be utilized for Vegetation Control, and uses incidental thereto, only, and for No Other Purpose" with term of this Lease to commence July 01, 2014, for one year unless terminated or renewed or extended as provided in lease agreement;.

    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.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

    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.  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 providers for (job specific project) "Sale of Properties" within Hidalgo County Precinct No. 4;
 
Firms Integra Realty Resources HLH Appraisal Services George J. Salazar d/b/a Appraisal Haus
Evaluation 89 91 94
Ranked  3  2  1

    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 for the Purchasing Department to negotiate a professional appraisal services contract with the No. 1 ranked firm of GEORGE J. SALAZAR D/B/A APPRAISAL HAUS  for:  a project specific - "Sale of Properties" 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: 4 - 0 - Unanimously
 
2.
AI-44918
Acceptance and approval to pay "Flat Rate Assessments" incurred by HC from 2009 to 2014 to Hidalgo County Irrigation District #1 for 18.76 acre tract of land out of Lot 15, Section 260, TEXAS MEXICAN RAILROAD COMPANY'S SURVEY, Hidalgo County, Texas according to the map or plat thereof recorded in Volume 2, Page 29, Map Records, Hidalgo County, Texas and as further detailed in the General Warranty Deed attached hereto through Requisition #00256335 (attached) which further details the Irrigation Flat Rate Assessments, Interest, Attorney and Processing Fees in the amount of $2,643.30 including the issuance and release of check by Hidalgo County Treasurer once review, audit, processing procedures completed by County Auditor.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
3.
AI-45008
Acceptance and approval of Amendment to Contract #C-13-335-12-10 (PO# 703537) with Aranda & Associates (to reduce the fees under Exhibit B-Cost Proposal) for the purposes of surveying services of (job specific) PROJECT: Brewster Park 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: 4 - 0 - Unanimously

Commissioner Joseph Palacios stepped out of the meeting
 
F.
 
Justices of the Peace
 
1.
AI-44997
Hidalgo County Purchasing Department, Fixed Assets Division, is requesting and recommending to Hidalgo County Commissioners Court to approve the removal (from inventory) of two (2) fixed asset with nos. 23132 & 27845 (described/detailed in attached Exhibit A with NO CURRENT VALUE) located at 122 E. Park, Pharr, Texas in a building once leased by Hidalgo County for Hon. Rosa E. Trevino, J.P., Pct. 2, Pl. 2  pursuant to Article 6.2 of the expired lease between the County and Rosa E. Trevino.
 

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 - Unanimously

 
G.
 
Facilities Management:
 
1.
AI-44963
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services; 

     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

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 construction materials testing firms for services required for the Constable Pct No.1 new building;
Evaluator  PSI Terracon  RABA -Kistner 
Evaluator  76 89 90
Ranking   3 2  1

     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

C. Authority for the Purchasing Department to negotiate a professional services contract with the No. 1 ranked firm of  RABA - KISTNER  for construction materials testing for Constable Pct No.1 new building.

     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
Attachments:
 
23.
 
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-44851
CL-14-0359-E; Mary Lou Gomez, individually and a/n/k of Alexandro Rodriguez v. Hidalgo County
 
D.
AI-44916
C-5274-14-J; Cristina Reyna vs. County of Hidalgo and City of Mission
 
E.
AI-45033
Cause #CL-14-2283-G; Leonarda Rodriguez-Serna v. Hidalgo County
 
F.
AI-45035
Civil Action No. 7:14-CV-00438; David Carrizales and Rogelia Stabolito v. Guadalupe "Lupe" Trevino, Sheriff, et.al
 
G.
AI-44856
Claim of Noe Estrada
 
H.
AI-44867
Claim of Ener Sanchez & Damiana Martinez Parents to Monica Sanchez, a minor
 
I.
AI-44870
Claim of Jose Ozul
 
J.
AI-44880
Claim of Jose Palomin
 
K.
AI-44882
Claim of Enrique Rubio
 
L.
AI-45037
Claim of Carlos Contreras

NO ACTION taken on Items 23.A - 23.L.
 
24.
 
Open Session: The court proceeded to item 19. A.
 
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-44852
CL-14-0359-E; Mary Lou Gomez, individually and a/n/k of Alexandro Rodriguez v. Hidalgo County

Mr. Guerra expressed to the Court that the settlement agreement is to be disbursed as follows:  County Clerk as Trustee of Minor Alejandro Rodriguez in the amount of $9,825.33; to Mary Lou Gomez, as next of friend to Minor, Alejandro Rodriguez, and her attorney, Jesus Sotelo, in the amount of $10,174.67; and to Mary Lou Gomez , individually, and her attorney, Jesus Sotelo, in the amount of $500.00. 

Additionally, ad-litem fee award by the County Court of Law #5 to Robert DeAnda in the amount of $2,000.00.

    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 settlement agreement total of $20,500 and disbursed as stated above.

    Vote: 3 - 0 - Unanimously
 
D.
AI-44917
C-5274-14-J; Cristina Reyna vs. County of Hidalgo and City of Mission
 

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 to appoint Josephine Ramirez from the DA's office, specifically to represent Hidalgo County.

Vote: 3 - 0 - Unanimously

 
E.
AI-45034
Cause #CL-14-2283-G; Leonarda Rodriguez-Serna v. Hidalgo County

Refer to Item 7.A.1 and 7.A.2.
 
F.
AI-45036
Civil Action No. 7:14-CV-00438; David Carrizales and Rogelia Stabolito v. Guadalupe "Lupe" Trevino, Sheriff, etal

Mr. Guerra stated this case began as a claim and now has become a suit.

Refer to Item 7.A.1 and 7.A.2.
 
G.
AI-44857
Claim of Noe Estrada
 

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 $71.55.

Vote: 3 - 0 - Unanimously

 
H.
AI-44868
Claim of Ener Sanchez & Damiana Martinez Parents of Monica Sanchez, a minor
 

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 $300.00.

Vote: 3 - 0 - Unanimously

 
I.
AI-44871
Claim of Jose Ozul
 

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 $200.00.

Vote: 3 - 0 - Unanimously

 
J.
AI-44881
Claim of Jose Palomin
 

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 $67.48.

Vote: 3 - 0 - Unanimously

 
K.
AI-44883
Claim of Enrique Rubio
 

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 $132.00.

Vote: 3 - 0 - Unanimously

 
L.
AI-45038
Claim of Carlos Contreras
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COUNTY JUDGE RAMON GARCIA, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $132.01.

Vote: 2 - 0

 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
26.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
27.
 
Adjourn
 

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 - 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 17th day of June, 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 June 17, 2014.

Signed this 17th day of June 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy