Skip to main content

AgendaQuick™

Minutes for CC - REGULAR

SPECIAL MEETING - October 14, 2014

BE IT REMEMBERED, that on this 14th day of October 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
October 14, 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.

The Court proceeded to Item 6.A., 25.A, 6.D, 21.A, 12.E, 25.B, 7.C.
 
5.
 
Open Forum

Jim Barnes, President of McAllen Tea Party, expressed his concerns over taxes. He recommended people vote no until the leaders know what they are doing.

Virginia Townsend relayed her opinion on voting against the hospital district’s 75 cent cap on the ballot. She feels it was placed as such incorrectly.

Fern McClaugherty stated that the people of Hidalgo County cannot afford more taxes and commented that Proposition 1 is misleading.

Opal Billman stated that she was sued for divorce 18 years ago and has had three decisions made by three different judges, yet has failed to obtain her community property.

Ramiro Trevino commented on his request for public record on what employees are assigned take-home vehicles and wants to know who is in charge of tracking their GPS. He also was concerned over the resigning Justice of the Peace and the procedures that will take place during the November election.

Edna Garcia, Assistant Vice President for the South Texas District of Security Service Federal Credit Union and also a Board Member of the United Way. She expressed her gratitude to the Court and stated that the program has assisted multiple agencies in the Lower Rio Grande Valley.

Dave Asher expressed his concern over the proposition that will be on the ballot and requested where the language of the proposition derived and believes the language on the ballot is not what is prescribed by law.

Eddie Olivarez wanted to inform everyone that there is no threat of Ebola in Hidalgo County. He encouraged everyone to get their flu shot.

Dago Chavera stated he felt there should be a focus on people obtaining jobs, not only the health industry.
Maria Champion expressed her opinion on Proposition 1. She does not feel the taxpayers of Hidalgo County can pay more taxes, especially if they are currently unable to pay what they owe.
 
6.
 
County Judge's Office:
 
A.
AI-46962
1.  Acceptance of resignation of J.P. Pct. 3, Pl. 2, Jose Ismael "Melo" Ochoa

     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

2.  Appointment to fill vacancy of J.P. Pct. 3, Pl. 2

     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 appoint the current Mayor to Penitas, Mr. Marcos Ochoa.

     Vote: 5 - 0 - Unanimously

Judge Garcia announced that he had a copy of the letter of resignation as mayor from Mayor Marcos Ochoa. 
Steve Crain, Legal Counsel stated that Mr. Marcos Ochoa would need to officially resign from his post as Mayor prior to the Commissioners' Court accepting his Bond his Oath of office as J.P. and disclosed that even though he has resigned, the City Council must appoint a successor prior to Mr. Ochoa obtaining a Bond and being sworn in according to the Texas Constitution.

3.  Approval of Official's Bond

NO ACTION taken on this Item.

4.  Administer Oath of Office 

NO ACTION taken on this Item.

At this time, the Court proceeded to Item 25.A.
 
B.
AI-46815
Proclamation declaring October 2014 as Domestic Violence Awareness Month in Hidalgo County

This Item was discussed after Open Forum.

Commissioner Hector "Tito" Palacios stepped away from the meeting.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote:
4 - 0 - Unanimously

Commissioner Hector "Tito" Palacios joined the meeting, at this time.


The Court returned to Open Forum.

 
C.
AI-46816
Proclamation declaring October 2014 as National Breast Cancer Awareness Month in Hidalgo County
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
D.
AI-46900
Presentation by Dr. Francisco Guajardo in observance of Hispanic Heritage Month.

This Item was presented after Item 22.A.

Dr. Francisco Guajardo, Associate Professor in the Education Leadership Department at the University of Texas-Pan American, addressed the court with a presentation on the history and the origins of Hispanic culture in the Rio Grande Valley and across the United States in honor of Hispanic Heritage Month. He shared the importance of maintaining Hispanic heritage and passing down Hispanic culture to younger generations.

The Court proceeded to Item 21.A.
 
E.
AI-46801
Discussion, consideration, and action on letter regarding increased access to healthcare coverage for all Texans.

NO ACTION taken on this Item.
Attachments:
 
F.
AI-46957
Discussion and consideration regarding the Hidalgo County Legislative Agenda for the upcoming 84th Legislative Session

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. 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 28.E; C-7758-14-C; Eugenia Andrade v. Hidalgo County

Vote: 4 - 0 - Unanimously

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR, the Court made a UNANIMOUS vote of approval as it pertains to Item 28.J; Claim of Sergio Valdez

Vote: 4 - 0 – Unanimously

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

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT.
1, A.C. CUELLAR, JR, the Court made a UNANIMOUS vote of approval as it pertains to Item 28.E; C-7758-14-C; Eugenia Andrade v. Hidalgo County.

Vote: 4 - 0 – Unanimously

Mr. Valde Guerra stated for the record that this case (
Item 28.E; C-7758-14-C; Eugenia Andrade v. Hidalgo County) has moved on from the EEOC stage to the lawsuit stage.

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


On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT.
1, A.C. CUELLAR, JR, the Court made a UNANIMOUS vote of approval as it pertains to Item 28.J; Claim of Sergio Valdez specifically with Mr. Rex Leech from that office.

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 - 3.
 
C.
AI-46777
1. Public hearing to discuss the deregulation of the application of herbicides for a portion of Hidalgo County.

This Item was discussed after Item 25.B. Commissioner Joseph Palacios was not present. 
 
Mr. Brad Cowen, County Extension Agent of Hidalgo County, was present to recommend a change to pesticide laws as it relates to the northwest quadrant of the County.  Currently, there is a provision that was adopted in the 1970's to make permit requirements of certain pesticide use. He requested that provision be rescinded due to changes in modernization. 

Judge Garcia convened the Public Hearing.  Mr. Cowen disclosed two letters from growing organizations requesting the recommendation.  With no further comments, Judge Garcia closed the Public Hearing.

2. Approval and Adoption of Order to deregulate a portion of Hidalgo County as it relates to the application of herbicides, in accordance with Texas Agriculture Code §76.144.  

     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

The Court proceeded to Open Forum.
 
D.
AI-46868
Approval to accept settlement check from Texas Farm Bureau Casualty Insurance Company in the amount of $11,238.75 to settle auto accident with County vehicle. (Constable Precinct 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: 5 - 0 - Unanimously

 
8.
 
Sheriff's Office:
 
A.
AI-46759
Operation Stonegarden (1284):
Authorization and approval to de-obligate $19,436.78 of Sheriff's Office Operation Stonegarden 2013 overtime/fringe/mileage funds and allocate to Constable Pct. 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: 5 - 0 - Unanimously

Attachments:
 
B.
AI-46884
Sheriff's Office - OCDETF (1284)
1. Approval of Organized Crime Drug Enforcement Task Forces (OCDETF) Agreement between the Hidalgo County Sheriff's Office and the Drug Enforcement Administration McAllen District Office/Houston Division Office OCDETF Strike Force Group D-81.

    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

2. Approval of Certification of Revenues as certified by the County Auditor for the OCDETF Grant Contract.

     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

3. Approval to appropriate OCDETF Grant Award in the amount of $15,800.00(in reference to Investigation Number SW-TXS-0968).

     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:
 
C.
AI-46969
Pursuant to Hidalgo County Cellular Telephone Policy (AT&T, DIR-SDD-1777), presentation for consideration, acceptance and approval of Cellular Phone Request Form (Data Connect Card Request) for the following:

Approval for requisition #265175 for 20 DataConnect cards ($37.99 each per month)

     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  

At this time, the Court took a 10 minute break.   
Attachments:
 
9.
 
Constables:
 
A.
AI-46783
Constable Pct. #2 OPSG - (1284):
Authorization and approval to appropriate $19,436.78 of Sheriff's Office Operation Stonegarden 2013 overtime/fringe/mileage funds and allocate to Constable Pct. 2.
 

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-46828
Constable Pct. 3 - Texas 1033 Surplus Program: 
1. Discussion, consideration, and approval for Constable Precinct 3 to apply for Texas 1033 Surplus Program. 

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

     Vote: 5 - 0 - Unanimously

2. Authorization and approval for County Judge, as authorized official, to sign required documents.

     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. Authorization and approval to participate, select and receive equipment under Texas 1033 Surplus Program, with selection list to be submitted prior to receipt.

     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:
 
C.
AI-46792
Constable Pct. 4 (1284)
Approval to appropriate Operation Stonegarden Grant funds transferred by the Sheriff's Office for mileage in the amount of $6,000.00. (Federal Grant Award#EMW-2013-SS-00045; SSA Award 13-SR-48215-01 Grant Period: 9/1/2013 to 2/28/2015)
 

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: 5 - 0 - Unanimously

Attachments:
 
D.
AI-46845
Constable Precinct No. 4:
Discussion, consideration, and approval to appoint Armando Rivas as a Deputy Constable by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.011.

Commissioner Joe Flores stepped away from the meeting.

     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:
 
10.
 
Justices of the Peace:
 
A.
AI-46764
J.P. Pct. #5, Pl. 1 - E. "Speedy" Jackson:
Approval of the following expenses in accordance with Exiting Officials Expenditure Policy:
Vendor Amount Item Purpose of Expense
TJCT $150.00 Registration 2014-2015 Texas Justice Court Training Seminar (11/16/2014-11/19/2014)
Judge Espiridion Jackson $438.83 Mileage 2014-2015 Texas Justice
Court Training Seminar (11/16/2014-11/19/2014)
Judge Espiridion Jackson   $188.03 Lodging  The San Luis Hotel Galveston, Texas
 Judge Espiridion Jackson $156.00 Meals  2014-2015 Texas Justice Court Training
Seminar
Total: $932.86    
 

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

Vote: 4 - 0 - Unanimously

 
11.
 
Human Resources - Esther Cortez:
 
A.
AI-46663
Precinct #4 - Drainage Improvement Project (1200):
1. Approval to delete one (1) full time position and create one (1) full time position as follows:

Action Dept/Program Slot# Position
Title
Actual/Proposed
Budgeted Salary
Delete 124-036 0033 Maintenance V $30,503.00
Create 124-036 0034 Heavy Equipment Operator II $30,503.00

2. Approval of revised salary schedule.
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 1 and 2.

Vote: 4 - 0 - Unanimously

 
12.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-46820
1.  Requesting approval to accept the Preparedness and Prevention Community Preparedness Section grant contract #2015-047253-001 in the amount of $140,730.00 for the period of 10/01/2014 to 06/30/2015. 
2.  Requesting approval for County Judge to sign the Certification Regarding Lobbying statement. 
3.  Requesting approval for County Judge to sign the Fiscal Federal Funding and Transparency Act Certification. 
4.  Requesting approval of the Certification of Revenue in the amount of $127,937.00.
5.  Requesting approval of the budget appropriation in the amount of $127,937.00 in grant funds and $12,793.00 in local match funds. 
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval of Items 1 - 5.

Vote: 4 - 0

 
B.
AI-46814
1.  Requesting approval to accept the Health Promotions & Chronic Disease Prevention grant contract #2015-047239-001 in the amount of $50,000.00 for the period of 10/01/2014 to 09/30/2015.  
2.  Requesting approval for County Judge to sign the Fiscal Federal Funding Accountability and Transparency Act Certification. 
3.  Requesting approval of the Certification of Revenue in the amount of $50,000.00. 
4.  Requesting approval of the budget appropriation in the amount of $50,000.00. 
 

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 of Items 1 - 4.

Vote: 4 - 0 - Unanimously

 
C.
AI-46761
Requesting approval of the Amendment to the Interlocal Cooperation Agreement with Donna Independent School District.  The Amendment will change the food handler classes fee from $10.00 per employee per year to $20.00 per employee for every two years.  

Commissioner Joe M. Flores joined the meeting.
 

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

Vote: 5 - 0 - Unanimously

 
D.
AI-46756
1.  Requesting approval of the Certification of Revenue by County Auditor in the amount of $77,071.60.  Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming reimbursement. 
2.  Requesting approval to appropriate the MAC budget in the amount of $77,071.60.  
 

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

Vote: 5 - 0 - Unanimously

 
E.
AI-46664
1. Public Hearing, at 10:30 am, to consider public comments concerning the amount of mandatory payments required to be paid by paying hospitals for fiscal year 2015 and how the revenue derived from those payments is to be spent.

Mr. Eddie Olivarez explained that this public hearing was held two weeks prior, but due to procedural error, the Public Hearing needed to be held again. He reminded everyone that this issue is regarding Local Provider Participation Fund (LPPF), under Senate Bill 1623, which allows private hospitals to contribute to the counties (Hidalgo, Webb, and Cameron) in the form of a fee at a rate collected by the Tax Assessor/Collector then reverted and multiplied in an Inter-Governmental Transfer for 1115 Waiver projects and uncompensated care. 

Judge Garcia opened the Public Hearing and with no comments, closed the Public Hearing.

Commissioner Hector "Tito" Palacios stepped away from the meeting.

2. Consideration and possible approval of mandatory payment to be assessed quarterly by the Hidalgo County Health Care Funding District on the net patient revenue of an institutional health care provider and how the revenue derived from those payments is to be spent.
 
Mr. Olivarez stated that funding would go toward 72 projects and uncompensated care.  He reported a total collection of $32,289,568.00, quarterly installments of $8,072,392.00. 

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

3. Consideration and possible approval for the Hidalgo County Tax Accessor/Collector to collect the mandatory payment required by Hidalgo County Health Care Funding District.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

4. Consideration and approval to assess mandatory payment annual rate of 2.5300%.

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

     Vote: 4 - 0 - Unanimously

5. Consideration and approval to set quarterly assessment dates.(November 30, 2014, February 28, 2015, May 31, 2015 and August 31, 2015)
 
     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

Commissioner Hector "Tito" Palacios joined the meeting.

The Court proceeded to Item 25.B.
Attachments:
 
F.
AI-46739
1.  Requesting approval to accept the supplies conveyed by the Texas Department of State Health Services for the John Austin Pena Center.
2.  Requesting approval to accept the equipment conveyed by the Texas Department of State Health Services for the John Austin Pena Center.
3.  Requesting approval to accept the appraisal of the John Austin Pena Center as appraised by the Hidalgo County Appraisal District.   
  
      On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval of Items 1 - 3.

     Vote: 5 - 0 -  Unanimously
 
G.
 
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.
 
H.
 
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.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-46800
Veterans Court Grant (1289):
1. Approval to accept the Veterans Court grant award from the Office of the Governor (Criminal Justice Division) in the amount of $92,481.97 for the grant period of 9/01/2014 through 8/31/2015.
2. Approval of certification of revenues as approved by the County Auditor's Office for the Veterans Court grant.
3. Approval of appropriation of funds in the amount of $92,481.97. 

     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 - 3.

     Vote:
5 - 0 - Unanimously
 
DWI Court Grant (1289)/DA's (1100):
1. Approval to accept the DWI Court grant award from the Office of the Governor (Criminal Justice Division) in the amount of $157,101.12 for the grant period of 9/01/2014 through 8/31/2015.
2. Approval of certification of revenues as approved by the County Auditor's Office for the DWI Court grant.
3. Approval of appropriation of funds in the amount of $157,101.12.

     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 - 3.

     Vote: 5 - 0 - Unanimously

4. Approval to authorize a decrease in supplemental pay allowance for the following employee:

Department Slot No. Employee No. Position Title Current Allow. Amount Proposed Allow. Amount 
Crim. DA (1100) 0026 127531 Assistant D.A. IV  $9,837.00 $9,814.00

5. Approval of Revised Crim. DA Salary Schedule.

     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 of Items 4 and 5.

     Vote: 5 - 0 - Unanimously

Re Entry Court Grant (1289)/DA's (1100):

1. Ratification of application for a Re Entry Court Program grant from the Office of the Governor
2. Approval to accept the Re Entry Court grant award from the Office of the Governor (Criminal Justice Division) in the amount of $150,000.00 for the grant period of 9/01/2014 through 8/31/2015.
3. Approval of Resolution to designate the authorized official for the grant.
4. Approval of certification of revenues as approved by the County Auditor's Office for the Re Entry Court grant.
5. Approval of appropriation of funds in the amount of $150,000.00.

     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 1 - 5.

     Vote: 5 - 0 - Unanimously

6. Approval to authorize supplemental pay allowance to the following employee:

Department Slot No. Employee No. Position Title Current Allow. Amount Proposed Allow. Amount 
Crim. DA (1100)  0013 77917 Assistant DA IV   -0- $9,752.00

7. Approval of interdepartmental transfer.
8. Approval of Revised Crim. DA Salary Schedule.

     On motion by COMMISSIONER PCT.4, JOSEPH PALACIOS , seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 6 - 8.

     Vote: 5 - 0 - Unanimously
 
14.
 
Emergency Management:
 
A.
AI-46842
1. Requesting authority for Hidalgo County Emergency Management to submit a letter of request to the Texas State Hazard Mitigation Section- Texas Division of Emergency Management-Texas Department of Public Safety for an extension of the Texas Safe Shelter Initiative-Safe Room Project, Hazard Mitigation Grant Program #DR-1791-331 for an additional twelve months to complete the project.

2. Request for approval for the County Judge to sign the required documentation.
 

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 Items 1 and 2.

Vote: 5 - 0 - Unanimously

 
15.
 
Urban County - Diana Serna:
 
A.
AI-46920
1. Requesting acceptance and approval of Work Authorization No. 1 for contract between Hidalgo County and Millennium Engineers Group Inc. under Agreement # C-14-309-09-09 (with an estimated cost of $2,972.00) for construction materials engineering and testing services for Sunset/Sunrise Park Improvements Project utilizing UCP – Precinct No. 1, FY 21 (2008) Park, Recreational Facilities funds.

   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

2. Requesting authorization for County Judge to sign the 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: 5 - 0 - Unanimously
 
B.
AI-46922
1. Requesting acceptance and approval of Work Authorization No. 2 for contract between Hidalgo County and Millennium Engineers Group Inc. under Agreement # C-14-309-09-09 (with an estimated cost of $13,170.00) for construction materials engineering and testing services for Old La Blanca Road (from Mile 9 Road to Mile 10 Road), utilizing UCP – Precinct No. 1, FY 27 (2014) Street Improvement funds.

2. Requesting authorization for County Judge to sign the required documents.
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of Items 1 and 2.

Vote: 5 - 0 - Unanimously

 
C.
AI-46901
Approval of land acquisition of Parcel #1 for the Delta Area Connector/ East Lateral Project (GLO 12-406-000-6453/DRS 210068).
 

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

Vote: 5 - 0 - Unanimously

 
D.
AI-46654
1. Requesting approval to execute the FY 2013 HOME/CHDO Agreement between the Urban County Program and Proyecto Azteca in the amount of $300,000

    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

2. Requesting approval to execute the FY 2014 HOME/CHDO Agreement between the Urban County Program and Proyecto Azteca in the amount of $400,000  

     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
 
E.
AI-46657
1. Requesting approval to execute the FY 2013 HOME/CHDO Agreement between the Urban County Program and the Affordable Homes of South Texas, Inc. (AHSTI) in the amount of $100,000

    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
 
2. Requesting approval to execute the FY 2014 HOME/CHDO Agreement between the Urban County Program and the Affordable Homes of South Texas, Inc. (AHSTI) in the amount of $250,000 

    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

At this time, Commissioner Joseph Palacios stepped away from the meeting.
 
F.
AI-46757
Urban County Program on behalf of Precinct No. 1 is requesting authority to purchase picnic tables for the Sunrise and Sunset Park through Hidalgo County’s membership and participation with Buy Board approved vendor The Playwell Group (contract # 423-13) in the amount of $10,035.28 (quote attached hereto) to include shipping fees. Precinct No. 1 UCP Year 21 (2008) Park, Recreational Facilities funds will be utilized.
 

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

Vote: 4 - 0 - Unanimously

 
G.
AI-46819
The Urban County Program on behalf of the City of San Juan, is requesting consideration and action to award and enter into a construction contract with Texas Cordia Construction, LLC. in the amount of $415,987.00. Year 26 (2013) UCP funds and City of San Juan General Funds will also be utilized for this contract.
 

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

Vote: 4 - 0 - Unanimously

 
H.
AI-46861
The Urban County Program on behalf of the City of Peñitas is requesting approval and award of best and final negotiated contract with Alcocer Garcia Associates, Inc., in the amount of $ 32,960.00 utilizing CDBG Fiscal Years 15 & 22-26 (2002, & 2009-2013) Parks, Recreational Facility Improvements funds.
 

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

 
I.
AI-46839
The Urban County Program on behalf of the City of Peñitas is requesting approval and award of best and final negotiated contract with South Texas Infrastructure Group in the amount of $ 24,483.00 utilizing CDBG FY (2013) Street Improvements funds ( Peñitas Street & Pike Avenue).
 

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

 
16.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-46754
Approval of Full Contract for Election Services between Hidalgo County and the Hidalgo Independent School District for their election to be held on November 4, 2014.
 

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

 
B.
AI-46752
Approval of Full Contract for Election Services between Hidalgo County and the Donna Independent School District for their election to be held on November 4, 2014.
 

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

 
C.
AI-46755
Approval of Full Contract for Election Services between Hidalgo County and the City of Weslaco for their election to be held on November 4, 2014.
 

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:
 
17.
 
TX. Agri-Life Extension Services:
 
A.
AI-46846
Texas AgriLife Extension Service:
Approval to amend the employment commencement date for employee Joanne Ureste from October 23, 2014 to October 15, 2014. 

This Item was voted on after 24.A.

     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

The Court proceeded to Item 25.C.1.
 
18.
 
Head Start Program - Teresa Flores:
 
A.
AI-46869
Discussion/Approval of Budget Amendment 2014

Commissioner Joseph Palacios joined the meeting.

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

     Vote:
5 - 0 - Unanimously
Attachments:
 
B.
AI-46665
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2014 Pending Appointment of Community Representatives: Judge Ramon Garcia, Commissioner A.C. Cuellar, Jr., Precinct 1 and Commissioner Joseph Palacios, Precinct 4
 

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

Vote: 5 - 0 - Unanimously

 
19.
 
WIC - Norma Longoria:
 
A.
AI-46840
WIC (1292):
Requesting approval to process payment to the City of Roma in the amount of $200.00, for the deposit of the commercial water account for the Roma WIC Clinic, 2891 E. Grant, Roma Texas, with the authority for County Treasurer to issue check after review and processing procedures are completed by County Auditor.
 

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: 5 - 0 - Unanimously

Attachments:
 
20.
 
Planning Department - Raul Sesin:
 
A.
AI-46687
1. Reimbursement of Financial Guarantee
a. Flamingo Ranches Subdivision – Pct. 4 (BIC Development Corp.)
b. Palace Station Ph. 2 Subdivision – Pct. 4 (Garco, Ltd)
c. Falcon’s Nest Phase I Subdivision – Pct. 1 (Garco, Ltd)
d. Bally’s Estates Subdivision – Pct. 4 (Garco, Ltd.)
e. MGM Grand Ranches Phase I Subdivision – Pct. 4 (Garco, Ltd)
f. Haddonfield Subdivision No. 2 – Pct. 4 (BIC Investments)
g. Mirage Ranches Subdivision – Pct. 4 (BIC Development Corp.)
h. Aria Ranches Subdivision – Pct. 4 (GR Inversions, LLC)
i. Sendero Trails No. 2 Subdivision – Pct. 4 (Megaware Corp)
j. Vista Ridge Acres No. 1 Subdivision – Pct. 4 (J & DMC Properties, LLC)
 

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

Vote: 5 - 0 - Unanimously

 
21.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-46811
Proclamation declaring October 13-17, 2014 as Rudy Silva Safe Zone Initiative Week

Rudy Silva Elementary School Principal Janet Standard and Weslaco ISD Director of Curriculum Xavier Salinas were present to accept the Proclamation in an effort to improve the conditions and make the streets safe for children. Precinct 1 Commissioner, A.C. Cuellar Jr., is working with TX Dot to update the signage and install flashing lights in the Rudy Silva Elementary school zone. In addition, the Weslaco Independent School District and the Rudy Silva Elementary School community have come together to promote a safe zone initiative.

     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

The Court proceeded to Item 12.E.
 
22.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-46959
Appointment of board member to the Tropical Texas Behavioral Center Board of Trustees for a two year term, effective Oct. 14, 2014. 

NO ACTION taken on this Item.
 
B.
AI-46887
1. Approval of Interlocal Agreement between the City of San Juan and the County of Hidalgo, Texas, for the reconstruction/improvement of 5 roads in the City of San Juan described in Exhibit A attached.

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

     Vote: 5 - 0 - Unanimously

2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the interlocal cooperation agreement project(s) to reconstruct/improve Cesar Chavez Road (from FM 495 North approx 1,280 LF), Moore Road (from "I" Road East approx 1,260 LF), Sioux Road (from "I" Rd to approx 3500 LF East of Raul Longoria Rd), El Dora Road (from"I" Rd to approximately 3500 LF east of Raul Longoria Rd., and Nolana Loop (from Raul Longoria Rd to Cesar Chavez Rd).

     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
 
23.
 
Precinct #3 - Comm. Flores:
 
A.
AI-46882
Approval of Interlocal Agreement between Hidalgo County and the City of Granjeno. 
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
24.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-46918
1. Approval of Interlocal Cooperation Agreement between the County of Hidalgo and Edinburg CISD (to construct a public park known as Brewster Park).

2. Approval of ICA project in accordance with Texas Government Code 791.014.

     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 of Items 1 and 2.

     Vote: 5 - 0 - Unanimously

At this time, the Court proceeded to Item 17.A.
Attachments:
 
25.
 
Budget & Management - Sergio Cruz:
 
A.
AI-46961
Discussion, consideration and possible action on funding request by Valley Initiative for Development and Advancement (VIDA)

Mr. Sergio Cruz, Budget Officer, explained that during the past three years, they have had an agreement to contribute approximately $250,000 to VIDA. There was $187,500.00 designated as the County's contribution for this fiscal year (2014). Mr. Cruz stated that there was a letter of opinion from the Attorney General's Office stating that the County cannot contribute funds for such activity; therefore, the County has not been able to continue the contribution.  Judge Garcia mentioned that some members of the organization have reported not receiving the entire agreed amount.  Mr. Cruz listed the contribution amounts for FY 2013, $249,999.93, FY 2012, $249,999.96 and FY 2011, $256,623.60 and confirmed the County has met their commitment. He also stated that the County has already contributed $70,138.95 in the past 4 1/2 months, but as mentioned earlier, due to the letter of opinion from the Attorney General, they have been unable to continue the agreement drafting and contribution. This leaves a balance of approximately $117,000.00. Commissioner Joseph Palacios asked if there would be a solution as to allow to continue funding for this program.  Mr. Cruz stated that the County can set up programs for Economic Development, similar to VIDA, however it would have to establish it under their authority.  Mr. Eufracio, County Auditor, stressed that if the law does not allow those contributions, he is unable to issue payments under County funds.  Commissioner Joseph Palacios considered that there may be a possibility that funds can be contributed through the Urban County Program and sought Diana Serna's input.  Ms. Serna informed that Court that the Urban County has provided funding in the past, but some money had to be returned to the Federal Government due to VIDA not using the money. Commissioner Palacios stated that further research is needed to determine what can be done for future funding.  

A motion by COMMISSIONER PCT. 3, JOE M. FLORES, and seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. was on the table as discussion continued.

Representatives of VIDA were in disagreement with the amount owed to their organization stating that the entire amount of $187,500.00 is still owed.  Mr. Cruz explained that a Calendar Year and a Fiscal Year start and end and different times; therefore, the monies $70,138.95 contributed came from the County's FY 2014 budget.  He stated that the $117,000.00 still owed is based on what is owed from what was budgeted for 2014. Mr. Eufracio reiterated that he will be unable to pay out monies if it is not in accordance to the law. Representatives from VIDA also pointed out that the letter of opinion from the Attorney General was drawn out in 1989 and asked why would this issue be brought up at this time.

Judge Garcia asked Mr. Crain, Legal Counsel, for his input on the matter. Mr. Crain stated that there are several options in which one would be to request an updated letter of opinion from the Attorney General. Another would be a Legislative change, Chapter 381 or look into other methods of funding that would fit under various statutes.  Judge Garcia apologized to the organization stressing that even though they are all in agreement to continue funding, the Auditor will be unable to pay out any monies.  He continued by stating that they will research legal avenues to continue funding, but they are currently unable to contribute.

At this time, COMMISSIONER PCT. 3, JOE M. FLORES' motion and second by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. were  withdrawn.

The Court proceeded to Item 6.D.
 
B.
AI-46862
1.  Presentation by Alamo Insurance Group, the County's health insurance consultant

Commissioner Joseph Palacios stepped away from the meeting.

Mr. Gary Looney, Alamo Insurance Group, was present to inform the Court that there were no changes to the plan or premiums, the only request derived from Payroll to round off premium amounts. 

2.  Approval of Employee premiums for 2015 Employee Medical Benefit Plans.

     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 

3.  Discussion and possible action to amend the County’s medical plan to allow retirees to continue medical plan benefits upon retirement.

He briefly described the plans to amend the current medical plan.  One proposed amendment would be to continue coverage for retired employees that would only increase an 3/4 of a percent to the County's current premium.  The retiree would continue under the medical plan, but must participate under the Medicare Parts A and B. If the retiree were to be under 65 prior to retirement, they would still be able to take part of the County's medical plan. 

No Action taken on this Item.

The Court proceeded to Item 7.C.
 
C.
 
Budget Appropriations:
 
1.
AI-46946
Tx Agrilife Extension Service (1302)
Approval of 2014 appropriation of funds for Tx. Agrilife Extension Service in the amount of $3,056.38 to fund the purchase of a replacement vehicle.

This Item was discussed after 17.A.

     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:
 
26.
 
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-46921
A.  Presentation of scoring grid (for the purposes of ranking by CC) of the responses received, graded and evaluated in connection with RFP No. 2014-344-07-17-YSS “Professional Architectural Consulting Services-Design & Construction of Court House & Judicial Buildings” of existing Schematic Designs for the construction a new Hidalgo County Courthouse, in order to proceed forward with the negotiation portion of the procurement process;

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

     Vote: 5 - 0 - Unanimously

B.  Requesting authority for Purchasing Department to enter into negotiations commencing with the number one (1) ranked firm of HOK for: Professional Architectural Consulting Services-Design & Construction of Court House & Judicial Buildings for existing Schematic Designs for the construction of a new Hidalgo County Courthouse.

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

     Vote: 5 - 0 - Unanimously
Attachments:
 
2.
AI-46805
Acceptance of donation of computers and monitors (as further described/detailed in Exhibit A) by the Hidalgo County Appraisal District (through correspondence attached) to Hidalgo County including all supporting documentation applicable.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
3.
AI-46830
A. Requesting approval to declare the items listed in Exhibit "A" (attached herein), office furniture, equipment and vehicles as "Surplus" for the purpose of sale through auction (scheduled for 11-05-2014) in accordance with Texas Local Government Code 263.152 (a)(1); AND, in the event "NO BIDS" received,

     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

B. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subsection (1) at auction on 11-05-2014 resulted in no bids were received;

     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

C. Requesting authority to publish advertisement for the auction of surplus equipment and vehicles scheduled for 11-05-2014, including but not limited to Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.

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

     Vote: 5 - 0 - Unanimously
Attachments:
 
4.
AI-46272
Presentation, for the purpose of award by CC to the sole responsible vendor submitting the best and lowest bid (as detailed in tabulation sheet contained herein) and meeting all specifications and/or requirements including approval of contract for Request for Bid titled: Hidalgo County- Pick up of Used Oil-Filters and Anti-Freeze" through project No.: 2014-313-08-20-SGS.
 

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

Vote: 5 - 0 - Unanimously

 
5.
AI-46730
A. Requesting exemption from competitive procurement requirements under the Texas Local Government Code, Section 262.024(a)(7)(a) proprietary software;

At this time, Judge Ramon Garcia stepped away from 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.

     Vote: 4 - 0 - Unanimously

B. Approval to purchase through POs and agreement(s) (if applicable) for "On-line Research Services" with Lexis Nexis including, but not limited to, the following Hidalgo County department(s):
 
1. Law Library
2. Constables

   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
 
B.
 
Pct. 1
 
1.
AI-46902
A. Action to rescind action taken on 08/12/2014 (AI-45877) and cancel PO #713360 in the amount of $27,911.00 issued to CoNo Creative Concepts, Inc., inasmuch as Roll Off Containers did not meet Quality Assurance Standards;

     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 approval to purchase (6) Roll Off Containers to Wastequip Mfg Co. LLC meeting all specifications and/or requirements through the County's membership/participation with Buy-Board (TASB) awarded vendor (Contract #425-13) in the amount of $28,370.00 which includes delivery, shipping and any other appurtenances as may be needed for use by Pct. #1 for Landfill disposal purposes. (Project #14-318-OGG)

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

     Vote: 4 - 0 - Unanimously
Attachments:
 
C.
 
Pct. 2
 
1.
AI-46924
A. Recommendation by project engineer Raul Sesin, P.E., Hidalgo County Planning Dept., for HCCC to award to the responsible vendor submitting the lowest/best bid meeting all specifications/requirements for Hidalgo County Precinct No. 2: "Equipment and Maintenance Facility On-Site Civil Improvements Concrete Work"-RFB No. 2014-353-10-08-MSS." to RDH Site and Concrete, LLC, in the total amount of $75,549.90;
 
     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee (historically Raul Silguero unless otherwise changed by Comm.) to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

   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
 
2.
AI-46952
Acceptance and approval of the construction contract documents for Hidalgo County Precinct No. 2: "Road Runner Subdivision Paving & Drainage Improvements Project" (CC award action AI-46475, 9/15/14) to Texas Cordia Construction, LLC, in the total amount $405,928.00, subject to legal counsel's final review and approval w/Contract# C-14-285-09-15.
 

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

Vote: 4 - 0 - Unanimously

 
3.
AI-46803
Acceptance of a donation of asset/vehicle (as further described/detailed in Exhibit A attached hereto) by the Hidalgo County Urban County Program for transfer to Precinct #2 with all other applicable documentation included.
 

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

Vote: 4 - 0 - Unanimously

 
4.
AI-46875
Requesting acceptance and approval of Work Authorization No. 5 (with an estimated cost of $27,681.00) as submitted by R. Gutierrez Engineering Corporation, Contract No. C-14-085-04-08, to provide preliminary engineering, topographic surveying, final design and construction plans development, construction management and support for the improvements to Pct 2's Lopezville Park Project.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
5.
AI-46905
Requesting acceptance and approval of Work Authorization No. 6 (with an estimated cost of $3,350.00) as submitted by R. Gutierrez Engineering Corporation, Contract No. C-14-085-04-08, to provide services for the developing of a survey plat and metes and bounds for a detention pond to be located north of the Pct 2 Mult-purpose Complex on Hall Acres Road.
 

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.
 
Pct. 3
 
1.
AI-46808
Approval to execute a lease of land agreement (as approved as a Sole Source on CC 12/20/11), with Jose Ramirez, Jr., for the purposes of landfill access at "Penitas Landfill"under TCEQ Permit No. MSW 1727 for the residents residing in areas outside the ETJ of cities in Precinct No. 3.
 
E.
 
Pct. 4
 
1.
AI-46936
 A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4  - 0 – Unanimously
 
B. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional engineering services for Pct No.4 “ON CALL SERVICES”.
 
totals  Dos Logistics, Inc  Le Fevre Engineering  LNV
scores  99 96 95
Ranking   1  2  3

C. Authority for the Purchasing Department to negotiate a professional contract with the No. 1 ranked firm DOS LOGISTICS, INC. for professional engineering services for Pct No.4 “ON CALL 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
Attachments:
 
2.
AI-46927
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services;

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

     Vote: 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 surveying services for Pct No.4 “ON CALL SERVICES”;
 
Totals Dos Land surveying  Arranda & Associates  ROW Surveying Services 
scores   98 96 96
Ranking   1  2  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

Commissioner Joe Flores stepped away from the meeting.

C. Authority for the Purchasing Department to negotiate a professional contract with the No. 1 ranked firm DOS LAND SURVEYING for surveying services for Pct No.4 “ON CALL SERVICES”.

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

     Vote: 3 - 0 - Unanimously
Attachments:
 
3.
AI-46923
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;

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

Vote:
3 - 0 - Unanimously
 
B. Presentation of scoring grid for the purpose of CC ranking the sole member of the County’s approved “pool” of professional review appraisal services providers as qualified to continue to the next step of the process (on an as needed basis) for Precinct No. 4;

Evaluators HLH Appraisal Services
Score 100
Ranking

     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. Authority for the Purchasing Department to negotiate a professional (review appraisal services) contract with the sole "qualified" firm of HLH APPRAISAL SERVICES for: the provision of professional review appraisal services, for (on an as needed basis) for Precinct No. 4.

     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:
 
4.
AI-46270
Presentation for the purpose of award by CC,  multiple responsible vendors submitting the lowest and best bids (as detailed in tabulation sheet contained herein) and meeting all specifications and/or requirements including approval of contract(s) for Request for Bids titled: Hidalgo County Precinct 1- "Aggregate Limestone Grade 4" through project No.: 2014-275-08-13-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.

Vote: 3 - 0 - Unanimously

 
5.
AI-46955
Acceptance and approval of "Closing Documents" (as identified and attached here and prepared by legal counsel) for land exchange for Hidalgo County with Guerra Brothers (Master Partnership) including authority for County Judge to execute applicable 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: 3 - 0 - Unanimously

 
F.
 
WIC
 
1.
AI-46383
Presentation of sole bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of Lease Agreement for Request for Bid titled: Hidalgo County WIC Program-"Lease of Office Space-City of Alamo" through project No.: 2014-314-09-03-SMA.
 

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.
AI-46881
As presented through WIC Program, requesting CC accept and approve:

A.  Invoice #4184 ($1,432.00 & $358.00) identified/attached & detailed herein from Travel Advisors in connection with travel taken in September 2014;

     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. Final Travel Expense reimbursement for the following WIC Program Director & Staff in connection with travel taken in October:

   1.  N. Longoria - $78.00
   2.  Esther Carrizales - $78.00
   3.  Diana Cardona -  $156.00

for which no requisitions was submitted nor POs processed including authority for County Treasurer to issue payments/checks after all Auditor processing procedures completed.

     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
 
G.
 
Sheriff's Office
 
1.
AI-46750
Acceptance and approval to execute the final form of a Professional Construction Management Agreement with Prodigy Construction Management LLC, for: "The Roof/AC Unit(s) Repairs and/or Replacement of Hidalgo County's Adult Detention Facility and Law Enforcement Center (as approved for negotiations on CC 9/9/14 ).
 

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

Vote: 3 - 0 - Unanimously

 
H.
 
District Attorney
 
1.
AI-46809
A. Requesting that HCCC take action to declare as "surplus" for the purpose of destruction, three (3) Hard Drives (with no value and as further detailed in documentation and Exhibit A attached);

     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. Requesting authorization to remove said assets from Hidalgo County Inventory List.

     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
 
27.
 
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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-46871
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
D.
AI-46877
C-4507-13-F; Reynaldo Ybarra v. County of Hidalgo
 
E.
AI-46941
C-7758-14-C; Eugenia Andrade v. Hidalgo County
 
F.
AI-46776
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Industrial - Tax Abatement.
 
G.
AI-46806
Claim of Lucinda Martinez
 
H.
AI-46859
Claim of Jacob Garcia
 
I.
AI-46893
Claim of Silvia Perez-Armendariz
 
J.
AI-46938
Claim of Sergio Valdez

NO ACTION taken on Items 27.A through 27.J.
 
28.
 
Open Session:

At commencement of Open Session, the entire Court were present for the exception of Commissioner Pct. 2, Hector "Tito" Palacios.
 
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-46870
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 

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 for tentative settlement agreement with Plaintiff, David Garza, in the amount of $22,000.00.

Vote: 4 - 0

 
D.
AI-46878
C-4507-13-F; Reynaldo Ybarra v. County of Hidalgo

Proceed to monitor case. 
 
E.
AI-46942
C-7758-14-C; Eugenia Andrade v. Hidalgo County

Refer to Item 7.A.1 and 7.A.2.
 
F.
AI-46774
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Industrial - Tax Abatement.

Proceed as directed.
 
G.
AI-46807
Claim of Lucinda Martinez
 

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 for settlement authority in the amount of $301.55.

Vote: 4 - 0 - Unanimously

 
H.
AI-46860
Claim of Jacob Garcia
 

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 $501.14.

Vote: 4 - 0 - Unanimously

 
I.
AI-46894
Claim of Silvia Perez-Armendariz
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of 150.00.

Vote: 4 - 0 - Unanimously

 
J.
AI-46939
Claim of Sergio Valdez

Refer to Items 7.A.1 and 7.A.2.
 
29.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
30.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
31.
 
Adjourn
 

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

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 14th day of October, 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 OCTOBER 14, 2014.

Signed this 14TH day of OCTOBER 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy