SPECIAL MEETING - July 22, 2014
BE IT REMEMBERED, that on this 22nd day of July 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 July 22, 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.
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.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
3.
Prayer
Virginia Townsend led the Court and Audience in Prayer.
Virginia Townsend led the Court and Audience in Prayer.
4.
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
The Court proceeded to Items 6.B, 10.A, 17.A, 8.A, and 7.C.
The Court moved to approve the Consent Agenda.
The Court proceeded to Items 6.B, 10.A, 17.A, 8.A, and 7.C.
5.
Open Forum
6.
County Judge's Office:
A.
AI-45608
Resolution honoring Aurora G. Cavazos who celebrated 102 yrs. of life on Friday, July 18, 2014
NO ACTION taken on this Item.
NO ACTION taken on this Item.
Attachments:
B.
AI-45560
Resolution honoring the McAllen Fire Department on their win during GMA's 5 Alarm Firefighters Challenge.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
C.
AI-45595
Discussion, consideration, and approval to adopt Economic Development Incentives Program Guidelines and Criteria under the provisions of Section 381.004.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
D.
AI-45584
Discussion and possible action regarding enabling legislation for Hidalgo County Hospital District and proposed Memorandum of Understanding.
Texas Senator Juan "Chuy" Hinojosa updated the Court on proposed legislation to create a Hospital District in Hidalgo County. He stressed that every area with a medical school in Texas also has a Hospital District with taxing authority to help fund it. He stated he has been meeting with representatives from the cities of Edinburg, McAllen, Mission and Pharr along with representatives from Hidalgo County to discuss the make-up of a Hospital District Board, its duties, responsibilities, and taxes.
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 to have a 7 member Hospital District Board, with five appointed by each Commissioner and the County Judge and two appointed by the cities.
Vote: 5 - 0 - Unanimously
Texas Senator Juan "Chuy" Hinojosa updated the Court on proposed legislation to create a Hospital District in Hidalgo County. He stressed that every area with a medical school in Texas also has a Hospital District with taxing authority to help fund it. He stated he has been meeting with representatives from the cities of Edinburg, McAllen, Mission and Pharr along with representatives from Hidalgo County to discuss the make-up of a Hospital District Board, its duties, responsibilities, and taxes.
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 to have a 7 member Hospital District Board, with five appointed by each Commissioner and the County Judge and two appointed by the cities.
Vote: 5 - 0 - Unanimously
E.
AI-45594
Discussion, consideration, and approval of Memorandum of Understanding between Hidalgo County, City of Edinburg, City of McAllen, City of Mission, City of Pharr and The University of Texas System for Medical School.
Edinburg City Manager Ramiro Garza said part of the negotiations to create a new medical school included commitments to help fund it for 10 years by contributing $5 million per year. Under the MOU, McAllen would provide $2 million, Edinburg and Hidalgo County would each provide $1 million, and Mission and Pharr would each provide $500,000. If a Hospital District is created, that $5 million annual commitment as well as the County’s obligation to fund indigent care will be assumed by the new Hospital District.
Steve Crain, Legal Counsel, stated that the MOU is in draft form due to dates being left blank so that each entity can place an appropriate date of when they will be able to contribute the funds. The official MOU would need to be presented in Commissioners' Court once dates have been filled.
Edinburg City Manager Ramiro Garza said part of the negotiations to create a new medical school included commitments to help fund it for 10 years by contributing $5 million per year. Under the MOU, McAllen would provide $2 million, Edinburg and Hidalgo County would each provide $1 million, and Mission and Pharr would each provide $500,000. If a Hospital District is created, that $5 million annual commitment as well as the County’s obligation to fund indigent care will be assumed by the new Hospital District.
Steve Crain, Legal Counsel, stated that the MOU is in draft form due to dates being left blank so that each entity can place an appropriate date of when they will be able to contribute the funds. The official MOU would need to be presented in Commissioners' Court once dates have been filled.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of the preliminary drafted Memorandum of Agreement.
Vote: 5 - 0 - Unanimously
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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to Item 21.I; Claim of Gustavo Chapa dba Liberty Auto Sales.
Vote: 4 - 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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Letter of Engagement specifically to Rex Leech as it pertains to Item 21.I; Claim of Gustavo Chapa dba Liberty Auto Sales.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to Item 21.I; Claim of Gustavo Chapa dba Liberty Auto Sales.
Vote: 4 - 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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Letter of Engagement specifically to Rex Leech as it pertains to Item 21.I; Claim of Gustavo Chapa dba Liberty Auto Sales.
Vote: 4 - 0 - Unanimously
B.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on Items 1, 2, and 3.
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-45407
1. Public Hearing regarding Internal Revenue Code Section 147 (f) concerning the proposed financing by Public Finance Authority of the acquisition and rehabilitation of an apartment complex known as Heritage Square Apartments, Edinburg, Texas
Judge Garcia opened the Public Hearing. Mr. John Conditt, representing buyers, stated they would be spending approximately 2 million dollars to rehabilitate the property in order to produce another 15 years of service to tenants. Commissioner Tito Palacios asked for confirmation that the County would have no liability nor commitment of any type and Mr. Conditt concurred. The rehabilitated property would be placed on the tax roll with the new valuation. Mr. Eufracio, County Auditor, asked if it would affect the County's rating and Mr. Crain, Legal Counsel answered that it would not affect the County's bond rating. Mr. Valde Guerra stated that the Public Hearing is an IRS regulation in which an event such as this must go before the Governing Body of the County in which it resides.
Judge Garcia opened the Public Hearing. Mr. John Conditt, representing buyers, stated they would be spending approximately 2 million dollars to rehabilitate the property in order to produce another 15 years of service to tenants. Commissioner Tito Palacios asked for confirmation that the County would have no liability nor commitment of any type and Mr. Conditt concurred. The rehabilitated property would be placed on the tax roll with the new valuation. Mr. Eufracio, County Auditor, asked if it would affect the County's rating and Mr. Crain, Legal Counsel answered that it would not affect the County's bond rating. Mr. Valde Guerra stated that the Public Hearing is an IRS regulation in which an event such as this must go before the Governing Body of the County in which it resides.
2. Resolution approving the financing of the acquisition and rehabilitation of Heritage Square Apartments located at 515 S. Sugar Road, Edinburg, Texas 78539 by the issuance of bonds in an amount not to exceed $12,000,000.00 by Public Finance Authority on behalf of Agape Heritage GP, Inc. and authorizing the County Judge to execute the approval on behalf of the County
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
Attachments:
D.
AI-45610
Disclosure of firm name change from Palacios & Associates to Palacios, Garza & Thompson, P.C. in connection with letters of engagement/billing for legal representation of the following cases:
Christina Mejia Gutierrez v Hid. Co. Sheriff's et al - Civil Action #7:13-cv-00392
Claim of Consuelo Gonzalez
Leonarda Rodriguez-Serna v Hidalgo County - CL-14-2283
Luis E. Caudillo vs. Hidalgo Co. Sheriffs Office - CL-11-2010-D
Rogelio Regaldo vs. Hidalgo Sheriff Office - C-1005-11-C
Christina Mejia Gutierrez v Hid. Co. Sheriff's et al - Civil Action #7:13-cv-00392
Claim of Consuelo Gonzalez
Leonarda Rodriguez-Serna v Hidalgo County - CL-14-2283
Luis E. Caudillo vs. Hidalgo Co. Sheriffs Office - CL-11-2010-D
Rogelio Regaldo vs. Hidalgo Sheriff Office - C-1005-11-C
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
8.
Justices of the Peace:
A.
AI-45599
J.P. Pct. 2, Pl. 1 - Bobby Contreras:
Discussion regarding the creation of a JP Warrant Officer/Bailiff position
NO ACTION taken on this Item.
Discussion regarding the creation of a JP Warrant Officer/Bailiff position
NO ACTION taken on this Item.
9.
Human Resources - Esther Cortez:
A.
AI-45536
Precinct #3 - Sanitation (1100):
1. Approval of the following personnel actions:
2. Approval of revised salary schedule.
1. Approval of the following personnel actions:
| Action | Position Title |
Slot # |
Dept./ Program |
Current/Proposed Budgeted Salary |
| Delete | Maintenance I | 0044 | 123-001 | $28,840.00 |
| Delete | Maintenance I | 0045 | 123-001 | $28,840.00 |
| Create | Truck Driver III | 0048 | 123-001 | $32,960.00 |
2. Approval of revised salary schedule.
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 of Items 1 and 2.
Vote: 5 - 0 - Unanimously
Attachments:
10.
County Clerk's Office - Arturo Guajardo, Jr.:
A.
AI-45590
Resolution in Honor of Sylvia L. Reyes
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
11.
Sheriff's Office:
A.
AI-45573
Sheriff's Office 2011 Supplemental Operation Stonegarden Grant (1284):
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 Texas Department of Public Safety (TXDPS).
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. Approval of Certification of Revenues by the County Auditor for the FY2011 Operation Stonegarden Grant.
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
3. Approval to appropriate the following state budgets for awarded amount 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):
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
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 Texas Department of Public Safety (TXDPS).
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. Approval of Certification of Revenues by the County Auditor for the FY2011 Operation Stonegarden Grant.
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
3. Approval to appropriate the following state budgets for awarded amount 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):
|
Sub-Recipient |
Amount |
|
| Texas Dept. of Public Safety (TXDPS) | 97,981.33 | |
| TOTAL | 97,981.33 |
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-45563
Sheriff Office 2012 Operation Stonegarden Grant (1284):
1. Discussion, authorization and approval to execute the Operation Stonegarden Grant Sub-Recepient 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).
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
2. Approval of Certification of Revenues by the County Auditor for the FY2012 Operation Stonegarden Grant.
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
3. Approval to appropriate the following budget for additional awarded amount pursuant to one of 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):
1. Discussion, authorization and approval to execute the Operation Stonegarden Grant Sub-Recepient 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).
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
2. Approval of Certification of Revenues by the County Auditor for the FY2012 Operation Stonegarden Grant.
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
3. Approval to appropriate the following budget for additional awarded amount pursuant to one of 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):
| |
Subrecepient
|
Amount
|
| 1 |
Texas Dept. of Public Safety (TXDPS) | 530,880.20 |
| 530,880.20 |
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
12.
Health & Human Services Department - Eddie Olivarez
A.
Health Care Funding District:
1.
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures
NO ACTION taken on this Item.
NO ACTION taken on this Item.
B.
Indigent Health Care Program:
1.
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures
NO ACTION taken on this Item.
NO ACTION taken on this Item.
13.
Adult Probation - Arnold K. Patrick:
A.
AI-45452
DWI Grant Program Income (1289):
1. Approval of certification of revenues by the County Auditor for the DWI grant program income in the amount of $2,755.90.
2. Aproval of appropriation of DWI grant program income (GPI) in the total amount of $2,755.90.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval on Items 1 and 2.
Vote: 5 - 0 - Unanimously
At this time, Judge Ramon Garcia stepped away from the meeting.
1. Approval of certification of revenues by the County Auditor for the DWI grant program income in the amount of $2,755.90.
2. Aproval of appropriation of DWI grant program income (GPI) in the total amount of $2,755.90.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval on Items 1 and 2.
Vote: 5 - 0 - Unanimously
At this time, Judge Ramon Garcia stepped away from the meeting.
Attachments:
14.
Urban County - Diana Serna:
A.
AI-45391
The Urban County Program on behalf of the City of Palmview, is requesting consideration and action to award and enter into a construction contract with SANCO General Contracting, Inc. in the amount of $111,038.00. UCP funds in Years 23, 24 & 25 (2010, 2011 & 2012) Street Improvements line item will be utilized.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI-45519
Urban County Program on behalf of Precinct No. 2 is requesting consideration and action to award bid received from Walters Group Inc. d/b/a Surrey Fire Safety House in the amount of $69,968.00 for the purchase and delivery of a Fire Educational Trailer. This project will be funded thru UCP – Precinct No. 2 Public Service (general) FY 25 (2012) and the City of San Juan general disbursement funds.
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
Attachments:
C.
AI-45453
1. Urban County Program is requesting County Commissioner’s Court approval of a Resolution designating authorized signatories for contractual documents and documents for requesting funds pertaining to the TxCDBG - Texas Department of Agriculture (TDA) Contract No. 713045.
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. Consideration and approval to authorize the County Judge to sign any and all contractual documents associated with TDA Contract No. 713045 (i.e. amendment requests, change orders, financial documents, etc.).
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
2. Consideration and approval to authorize the County Judge to sign any and all contractual documents associated with TDA Contract No. 713045 (i.e. amendment requests, change orders, financial documents, etc.).
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
Attachments:
15.
Planning Department - Raul Sesin:
A.
AI-45544
1. Preliminary Approval with Variance Request
a. Los Vientos Estates Phase 2 – Pct. 4 (Kathryn I. East)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Preliminary Approval
a. La Esperanza Subdivision – Pct. 1 (Taek & Nancy Kim)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Final Approval
a. Los Cielos Subdivision – Pct. 1 (Ramon Saenz Jr.)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
b. Sharyland ISD Pioneer High School – Pct. 3 (Sharyland ISD)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
4. Final Approval with Financial Guarantee
a. Coronado Subdivision – Pct. 1 (Amador Coronado)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
5. Discussion and possible action to approve an order, closing, abandoning, and vacating 2.5 acres of
Pct. 1 - Engleman Rd.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
a. Los Vientos Estates Phase 2 – Pct. 4 (Kathryn I. East)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Preliminary Approval
a. La Esperanza Subdivision – Pct. 1 (Taek & Nancy Kim)
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Final Approval
a. Los Cielos Subdivision – Pct. 1 (Ramon Saenz Jr.)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
b. Sharyland ISD Pioneer High School – Pct. 3 (Sharyland ISD)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
4. Final Approval with Financial Guarantee
a. Coronado Subdivision – Pct. 1 (Amador Coronado)
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
5. Discussion and possible action to approve an order, closing, abandoning, and vacating 2.5 acres of
Pct. 1 - Engleman Rd.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
16.
Precinct #1 - Comm. Cuellar:
A.
AI-45438
1. Authorization and approval of name change as recommended by LRGVDC 911
Proposed name: HILLTOP SR.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Authorization and approval of name change as recommended by LRGVDC 911
Proposed name: JAIME CAVAZOS ST.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Proposed name: HILLTOP SR.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Authorization and approval of name change as recommended by LRGVDC 911
Proposed name: JAIME CAVAZOS ST.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
17.
Precinct #4 - Comm. J. Palacios:
A.
AI-45591
Approval of Resolution in honor of Cindy Gutierrez
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Attachments:
18.
Budget & Management - Sergio Cruz:
A.
AI-45314
1. Discussion, consideration, acceptance and approval of Advance Funding Agreement between Hidalgo County and Texas Department of Transportation for North Alamo Road from FM 1925 to 0.5 miles North project (CSJ: 0921-02-311) with authority for the County Judge to sign the agreement.
At this time, Judge Ramon Garcia joined the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to funding.
Vote: 4 - 0 - Unanimously
2. Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $34,200.00 to cover the estimated share of Preliminary Engineering and Right of Way associated with this project and with the County Treasurer to issue check after review and processing procedures are completed by the County Auditor.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to funding.
Vote: 4 - 0 - Unanimously
At this time, Commissioner Joseph Palacios stepped away from the meeting.
At this time, Judge Ramon Garcia joined the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to funding.
Vote: 4 - 0 - Unanimously
2. Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $34,200.00 to cover the estimated share of Preliminary Engineering and Right of Way associated with this project and with the County Treasurer to issue check after review and processing procedures are completed by the County Auditor.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to funding.
Vote: 4 - 0 - Unanimously
At this time, Commissioner Joseph Palacios stepped away from the meeting.
Attachments:
B.
AI-45441
Sanitation Program
1. Approval of Order creating a Solid Waste Disposal Program and assessment of a $25.00 quarterly fee for rural and unincorporated residents of Hidalgo County.
2. Approval of the Countywide Solid Waste Citizen Collection Station Rules.
NO ACTION taken on Items 1 and 2.
1. Approval of Order creating a Solid Waste Disposal Program and assessment of a $25.00 quarterly fee for rural and unincorporated residents of Hidalgo County.
2. Approval of the Countywide Solid Waste Citizen Collection Station Rules.
NO ACTION taken on Items 1 and 2.
Attachments:
C.
AI-44100
County Transportation Infrastructure Fund Grant Program
1. Discussion, consideration and approval of grant funding agreement between the State of Texas and Hidalgo County pursuant to Title 43 Texas Administrative Code (TAC) 15.191.
Commissioner Pct. 2, Hector "Tito" Palacios, and Commissioner Pct. 4, Joseph Palacios, were not present for vote.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval to accept the County Transportation Infrastructure Fund Grant award in the amount of $908,285.00.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Approval of Resolution to establish the County Transportation Infrastructure Fund Grant Program in Hidalgo County and designate the County Judge as the authorize official.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
1. Discussion, consideration and approval of grant funding agreement between the State of Texas and Hidalgo County pursuant to Title 43 Texas Administrative Code (TAC) 15.191.
Commissioner Pct. 2, Hector "Tito" Palacios, and Commissioner Pct. 4, Joseph Palacios, were not present for vote.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval to accept the County Transportation Infrastructure Fund Grant award in the amount of $908,285.00.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Approval of Resolution to establish the County Transportation Infrastructure Fund Grant Program in Hidalgo County and designate the County Judge as the authorize official.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
D.
AI-45607
Pct. 3 R&B (1200)
Approval of 2014 appropriation to funds in the amount of $23,715.69 to fund unallowable expenditures by TXDOT related to Regal Estates BCAP Project.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Approval of 2014 appropriation to funds in the amount of $23,715.69 to fund unallowable expenditures by TXDOT related to Regal Estates BCAP Project.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Attachments:
19.
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
A.
Hidalgo County
1.
AI-44878
Recommending award of bid and approval of contract document to sole bidder, CTC Distributing, LTD., meeting all specifications and/or requirements as attached hereto for Hidalgo County - "Off-Premises Storage, Records Management, Pick-Up Retrieval and Delivery Services" RFB No. 2014-050-05-21-YZV.
At this time, Joe Flores stepped away from the meeting and Commissioner Hector "Tito" Palacios joined the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Commissioner Joe Flores joined the meeting.
At this time, Joe Flores stepped away from the meeting and Commissioner Hector "Tito" Palacios joined the meeting.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
Commissioner Joe Flores joined the meeting.
Attachments:
2.
AI-45552
Hidalgo County Human Resources Department:
Requesting/recommending action for Hidalgo County Commissioners Court to waive minimum meeting time provision of two (2) hours under HC Accounting Procedures Manual Food Policy (approved by CC 08/05/08)
Section-A. (page 2 of 5)
Policies & Guidelines-Permitted Expenditures
1. b The duration of the events must be two or more consecutive hours
for the Civil Service Meeting held on 06-12-14 and thus allowing the processing of Invoice #0000275577-$42.40 for payment to Subway Sandwiches & Salads through PO#703349.
Requesting/recommending action for Hidalgo County Commissioners Court to waive minimum meeting time provision of two (2) hours under HC Accounting Procedures Manual Food Policy (approved by CC 08/05/08)
Section-A. (page 2 of 5)
Policies & Guidelines-Permitted Expenditures
1. b The duration of the events must be two or more consecutive hours
for the Civil Service Meeting held on 06-12-14 and thus allowing the processing of Invoice #0000275577-$42.40 for payment to Subway Sandwiches & Salads through PO#703349.
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:
B.
Pct. 1:
1.
AI-45447
Acceptance and approval of "Third Amendment" (approved as to form by legal) to the existing AIA B101-2007 Contract #C-10-320-02-08; Standard Form of Agreement between Hidalgo County (Owner) and Alcocer Garcia Associates (Architect) of the revision of budget increase request in connection to the architectural services for the "Design and Construction of A New Constable Building" in Precinct No. 1.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
C.
Pct. 2
1.
AI-45555
Approval of closing documents for sale of real property known as LJ Ponds to Hidalgo County Drainage District No. 1 and authority for County Judge to execute same.
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 subject to Auditor's review.
Vote: 4 - 0 - Unanimously
20.
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
A.
Real Estate Acquisition
B.
Pending and/or potential litigation
C.
AI-45515
Claim of Benito Chavez
D.
AI-45567
Claim of Angelica Tijerina Palacios
E.
AI-45569
Claim of DAAIV FAM LTD
F.
AI-45571
Hidalgo County v. Aurelio Vaca & Guadalupe Yasmin Vaca
G.
AI-45600
C-0582-14-E; Cynthia Cantu v. Sarai Navarro and County of Hidalgo
H.
AI-45613
C-6203-14-A; Juanita Jackson vs. El Valle, Juan Ramos, Precinct 4
I.
AI-45616
Claim of Gustavo Chapa dba Liberty Auto Sales
NO ACTION taken on Items 20.A - 20.I.
NO ACTION taken on Items 20.A - 20.I.
21.
Open Session:
A.
Real Estate Acquisition and appropriation for same
NO ACTION taken on this Item.
NO ACTION taken on this Item.
B.
Pending and/or potential litigation
NO ACTION taken on this Item.
NO ACTION taken on this Item.
C.
AI-45516
Claim of Benito Chavez
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 for settlement agreement in the amount of $120.00.
Vote: 4 - 0 - Unanimously
D.
AI-45568
Claim of Angelica Tijerina Palacios
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 for settlement authority in the amount of $4,500.00.
Vote: 4 - 0 - Unanimously
E.
AI-45570
Claim of DAAIV FAM LTD
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 for settlement authority in the amount of $1,175.39.
Vote: 4 - 0 - Unanimously
F.
AI-45572
Hidalgo County v. Aurelio Vaca & Guadalupe Yasmin Vaca
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 to give Josephine Ramirez authority to file suit in this case on behalf of the County.
Vote: 4 - 0 - Unanimously
G.
AI-45601
C-0582-14-E; Cynthia Cantu v. Sarai Navarro and County of Hidalgo
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of settlement in this case in the amount of $14,250.00.
Vote: 4 - 0 - Unanimously
H.
AI-45614
C-6203-14-A; Juanita Jackson vs. El Valle, Juan Ramos, Precinct 4
NO ACTION taken on this Item.
NO ACTION taken on this Item.
I.
AI-45617
Claim of Gustavo Chapa dba Liberty Auto Sales
Refer to Items 7.A.1 and 7.A.2.
Refer to Items 7.A.1 and 7.A.2.
22.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
23.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
24.
Adjourn
On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
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 22nd day of July, 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 July 22, 2014.
Signed this 22nd day of July 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 22nd day of July, 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 July 22, 2014.
Signed this 22nd day of July 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy