Skip to main content

AgendaQuick™

Minutes for CC - REGULAR

SPECIAL MEETING - December 2, 2014

BE IT REMEMBERED, that on this 2nd day of December 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
December 2, 2014
9:30 A.M.
                                          

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

 
1.
 
Roll Call

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

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

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

The Court moved to approve the Consent Agenda for the exception of Items 11.B and 11.C to be pulled for discussion.

The Court recessed to continue the Drainage District meeting.
 
5.
 
Open Forum

Commissioner Joseph Palacios informed everyone of an event held the previous Wednesday in San Carlos. He wanted to acknowledge all those who took part in the annual event. The event feed over 700 people in the area and commended them all for their hard work and selfless participation.

Opal Billman explained that her community property was not divided and no settlement was established after her late husband, Joe Billman, died. She stated that the court awarded their property to other entities and does not know where the money went.

Fern McClaughtery commented on her hopes the County will not raise taxes and listed the various ways taxes add up. She also commented on the Scofflaw Fee and the Delinquent Tax Collection contract.
 
6.
 
County Judge's Office:
 
A.
AI-47594
Discussion and consideration regarding the Hidalgo County Legislative Agenda for the upcoming 84th Legislative Session

Bobby Villarreal, County Judge's Office, presented a handout with a list of items they would like to submit to the next Legislative Session.  He also mentioned another item regarding Border Security and Mr. Valde Guerra mentioned another issued regarding the Civil Service process Right of Appeal that may also be included in the list. Judge Garcia asked for Mr. Villarreal to do further research on a few items on the list, as well. 

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

     Vote: 5 - 0 - Unanimously
 
B.
AI-47393
Appointment of the City of McAllen's nominee to the Hidalgo County Regional Mobility Authority

Mr. Villarreal explained that this term is to be from February 2014 through February 2016.  Mr. David Guerra was reappointed by Mcallen in earlier in March and Commissioners' Court failed to accept their appointment at that time.

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

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

NO ACTION taken on Items 1 and 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
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-47549
Acceptance of letter of declination of office of Justice of the Peace, Pct. 3, Pl. 2 from J.P. Ismael "Melo" Ochoa for the term commencing January 1, 2015

     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

Judge Garcia asked Mr. Valde Guerra if he, Mr. Crain, or Yvonne Ramon would research what needs to be done for the new term, beginning January 2015.  Mr. Guerra explained that he had already begun the process and will have an answer by the end of the day.

Attachments:
 
D.
AI-47442
Request for use of Hidalgo County Courthouse for 2015 Mock Trial Competition to be held on Saturday, January 17, 2015 and Monday, January 19, 2015 (evening)
 

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

Attachments:
 
E.
AI-47424
Children's Advocacy Center d/b/a Estrella's House (1100):
1. Discussion, consideration, and action regarding funding request in the amount of $50,000.00 from the Children's Advocacy Center, d/b/a Estrella's House.

   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. Discussion, consideration, and action on Declaration of Support to the Children's Advocacy Center, d/b/a Estrella's House.

   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 of 2014 appropriation of funds for the Child Advocacy Center in the amount of $50,000.00.

   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

4. Approval to authorize County Treasurer to issue check in the amount of $50,000.00 to the Children's Advocacy Center d/b/a Estrella's House after review and processing procedures are completed by the County Auditor.

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

     Vote: 5 - 0 -Unanimously
 
F.
AI-47523
Right of Way:
The 5125 Company- Approval to Open cut Casimiro Ortega Road in Los Ebanos, Texas north of Rene Flores and south of Francisco Garza, within the Right of Way east to west to install a 4" sewer line.
 

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

 
G.
AI-47576
Discussion, consideration, and approval of Cooperative Agreement between Texas A & M Agrilife Extension Service and Hidalgo County. 
 

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

Vote: 5 - 0 - Unanimously

 
8.
 
Constables:
 
A.
AI-47470
Discussion, consideration and approval to appoint Amando Guerra, Jr. as Reserve Deputy Constable by Constable, Martin Cantu, Constable Pct. 2 in accordance with Texas Local Government Code Section 86.012.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
9.
 
Human Resources - Esther Cortez:
 
A.
AI-47595
Executive Office (1100):
1. Approval to create two (2) regular full-time County Operations Administrator positions, slot no. 0019 budgeted at $86,888.00 and 0020 budgeted at $91,888.00.

Mr. Eufracio stated that in September 2013, the Court approved a policy prohibiting changes by increasing the number of budgeted positions within a department, funded by the general fund; thus this item would contradict the policy.  Commissioner Joseph Palacios stated he supported the Executive Office in the necessity of the creation of such position and supports the waiving of the policy for this issue.

     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 to transfer employee no.78506 to slot no. 0019 and employee no. 115622 to slot no.0020 effective upon Commissioners' Court approval.

     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 of inter-departmental transfer.
4. 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 3 and 4.

     Vote: 5 - 0 - Unanimously
 
B.
AI-47597
Pct 2 Administration/CW Mech Shop (1200):
1. Approval of the following position title changes:
Action Program Slot# Current Position Title Proposed Position Title
Title Change CW Mech Shop 0010 Mechanic IV Mechanic V
Title Change CW Mech Shop 0002 Mechanic III Mechanic IV
Title Change Administration 0010 Clerk/Receptionist Clerk III
Title Change Administration 0011 Office Clerk Clerk III
 2. Approval of the 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: 5 - 0 - Unanimously

 
C.
AI-47587
Precinct 2 (1100/1200):
Approval of the following personnel actions:
1. Delete the following positions:
Action Program Slot# Position Title Current Budgeted Salary
Delete Parks 0010 Maintenance I $22,954.00
Delete CW Mech Shop 0003 Mechanic III $32,131.00
Delete Rd Administration 0015 Accounts Payable Specialist II $32,769.00
Delete Rd Maintenance 0042 Maintenance I $23,674.00
Delete Rd Maintenance 0044 Traf SA/SP I $23,015.00
Delete Rd Maintenance 0071 Maintenance I $23,384.00
Delete Rd Maintenance 0073 Maintenance I $23,384.00
      Total: $181,311.00
 2. Create the following positions:
Action Program Slot# Position Title Proposed Budgeted Salary
Create Parks 0037 Heavy Equipment Operator I $29,656.00
Create CW Mech Shop 0011 Truck Driver III $34,589.00
Create CW Mech Shop 0012 Mechanic III $37,359.00
Create Rd Administration 0021 Accounts Payable Specialist III $37,869.00
Create Rd Administration 0022 Clerk III $28,745.00
      Total: $168,218.00
3. Approval of Intra/Inter departmental transfers.
4. Approval of the revised salary schedules.
 

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 - 4.

Vote: 5 - 0 - Unanimously

 
D.
AI-47596
Precinct 2 Administration (1200):
Approval of the following personnel action:
1.  Create the following position:
Action Program Slot # Position Title Proposed Budgeted Salary
Create Administration 0020 Executive Assistant IV $70,748.00
      Total: $70,748.00
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of Items 1 - 3.

Vote: 5 - 0 - Unanimously

 
10.
 
Sheriff's Office:
 
A.
AI-47484
1. Authorization and approval to purchase through the State of Texas Surplus Property Program under Chapter 2175.001 of the Texas Government Code and Sec. 262.024(a)(9)(C) of the Local Government Code for: Seven (7) 2009 Chevy Tahoe and (1) 2008 Chevy Tahoe police interceptor model vehicles in the total amount of $72,000.00.

     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.

     Vote: 5 - 0 - Unanimously

2. Requesting the County Treasurer's Office the issuance of the check made payable to: Texas Facilities Commission after completion of County Auditor's review and approval.

     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
 
B.
AI-47462
State Criminal Alien Assistance Program (SCAAP) Grant (1284):
1. Authorization and approval for Certification of Revenues for SCAAP 2014

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

     Vote: 5 - 0 - Unanimously

2. Authorization and approval for Appropriation of funds for SCAAP 2014 in the amount of $27,922.00

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

     Vote: 5 - 0 -Unanimously
 
11.
 
Tax Office - Paul Villarreal:
 
A.
AI-47437
1.  Discussion, consideration and approval for the Justice of the Peace to continue to collect the $20 Scofflaw fee on all cases which are delinquent 90 days following "Plea Date".  Waivers of $20 Scofflaw fee are not authorized (except in instances of complete dismissal of cases where no court costs are collected).

Mr. Eufracio stated that the because Court never took action to remove the authority of the J.P.'s to collect the Scofflaw fee, there would be no need to give them back the authority.  He continued by saying that it was important they do not have the authority to waive the fee, unless as stated above. 

2.  Discussion, consideration and approval to allow the Tax Assessor Collector's Office to collect the $20 Scofflaw fee if it is not collected by the Justice of the Peace in error.

Mr. Eufracio asked how would they know if the fee was collected.  Mr. Paul Villarreal stated that the invoice will show if the fee was paid at a J.P.s office. If it does not show the fee paid, his office would have access to Ableterm to verify whether the Scofflaw fee was collected.  If it had not, he would then collect it and place it into his miscellaneous file. 

3.  Discussion, consideration and approval to grant the Tax Assessor Collector's Office inquiry access to AbleTerm - Criminial Justice Information System.

     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 1 - 3.

     Vote: 5 - 0 – Unanimously
 
12.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-47381
Pursuant to Chapter 465 Local Drug and Alcohol Education Programs, Sec. 465.003, presentation on the Hidalgo County Health & Human Services Drug and Alcohol Abuse Advisory Commission's activities.  

At this time, Judge Garcia and Commissioner Tito Palacios stepped away from the meeting.
Attachments:
 
B.
AI-47517
Requesting approval of the Non-Disclosure Agreement between the University of Texas - Pan American and Hidalgo County Health & Human Services Department.   

NO ACTION taken on this Item.
Attachments:
 
C.
AI-47511
Requesting approval to submit community based healthy border work plan to the Binational Health Council for an amount up to $4,400.00 in grant 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: 3 - 0 - Unanimously

Attachments:
 
D.
AI-47532
1. Discussion, consideration, and approval to drawdown $10,000,000.00 for Demonstration Year (DY) 3 Advance UC Payment from the Local Provider Participation Fund (LPPF).

Mr. Olivarez made a correction to the final tabulation amount of the drawdown which is $13,320,365.51.

     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 with corrected final tabulation amount of $13,320,365.51.

     Vote: 3 - 0 - Unanimously

2. Approval of Certification of Revenues as certified by the County Auditor for Demonstration Year 3 IGT drawdown.

Mr. Eufracio asked what needed to be certified, the difference or the 10 million and Mr. Olivarez stated that as long total amount of $13,320,365.51 is certified, Mr. Eufracio could carry out whatever method he saw fit. Mr. Eufracio stated he would certify the 10 million to match the appropriation and that it would be sufficient to cover the total amount.

     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. Approval of Appropriation of funds for Demonstration Year 3 IGT drawdown in the $10,000,000.00 to fund Uncompensated Care.

     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 appropriate the corrected final tabulation amount of $13,320,365.51, subject to approval of appropriation document and Auditor review.

     Vote: 3 - 0 - Unanimously
Attachments:
 
E.
 
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.
 
F.
 
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.
 
IT Department - Renan Ramirez
 
A.
AI-47487
Requesting approval of the following claim/invoices with the authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor.

Requesting approval for payments for Intrastate and Interstate calls for January thru December 2014 and any further invoices for the remainder of year 2014.

Time Warner Cable
Acct. 8260 18 035 0341754
Acct. 8260 18 300 0001497
 

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:
 
14.
 
TX. Agri-Life Extension Services:
 
A.
AI-47386
Andrea Valdez, County Coordinator, would like to introduce the CDC Obesity Prevention Grant to the Court.  Ms. Valdez will discuss the partnership between Texas A&M AgriLife Extension Service and Texas A&M Health Science Center.

The projects focus on the access to healthy food and access to physical activity to reduce obesity in Hidalgo County. Ms. Valdez says they are still in the early phases but the first year will begin with assessments and planning. She stated that the agreement outlines the responsibilities required by each entity as they work together. Many of the AgriLife employees are funded through the state, however the county has assigned a group of county employees to assist and aid the AgriLife program.
Attachments:
 
15.
 
Head Start Program - Teresa Flores:
 
A.
AI-47454
Discussion/Approval on Request to Lease Two (2) Copiers through Hidalgo County's Membership/ Participation in the State of Texas Department of Information Resources (DIR) Awarded Vendor, Toshiba Business Solutions, DIR Contract DIR-SDD-1686, in the Amount of $1,303.00 per Month for 48 Months for Head Start Administration Departments
 

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:
 
B.
AI-47455
Presentation for Discussion, Consideration and Approval to Enter into a Memorandum of Understanding (MOU) Between Hidalgo County Head Start Program and Pharr-San Juan-Alamo (P-SJ-A) Independent School District
 

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

 
C.
AI-47457
Discussion/Approval to Award Classroom Space (as attached hereto) for Sealed Bids on Lease of Classroom/Land Space for the Following Areas:
Classroom Space
2014-006-11-14-Donna, 2014-007-11-14-Edinburg, 2014-008-11-14-McAllen, 2014-009-11-14-McAllen, 2014-010-11-14-Mercedes, 2014-011-11-14-Mercedes, 2014-013-11-14-Mission, 2014-014-11-14-Mission, 2014-018-11-14-Weslaco Land Space, 2014-012-11-14-Mercedes, 2014-015-11-14-Mission, 2014-016-11-14-Mission
 

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

 
D.
AI-47456
Discussion/Approval for Hidalgo County Head Start Program to Exercise Option to Extend for an Additional One and/or Two Year Term on the Interlocal Agreements for Facilities (Under Same Terms and Conditions)with the Following Entities McAllen Housing Authority - McAllen V Head Start Center McAllen Housing Authority - Vine Terrace Head Start Center City of Weslaco - Weslaco I Head Start Center McAllen ISD (2 Years) - Austin One (A-1) Head Start Center
 

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 excluding Austin One (A-1) Head Start Center.

Vote: 3 - 0 - Unanimously

 
E.
AI-47463
Discussion/Approval of 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)(7) Beginning October 2014 - Pending Appointment of Community Representative: Commissioner Joseph Palacios, Precinct 4

NO ACTION taken on this Item.
 
16.
 
Planning Department - Raul Sesin:
 
A.
AI-47503
1. Preliminary Approval
a. San Pablo Subdivision No. 2 – Pct. 4 (Buena Tierra Development)
b. Sunridge Valley Subdivision – Pct. 1 (Aldo Quintanilla)
c. MGM Platinum Ranches Subdivision – Pct. 4 (Richard Garza)
d. Ranchitos Escondidos Phase I-A – Pct. 4 (Forrest Runnels, Jr.)

     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 a - d.

     Vote: 3 - 0 - Unanimously

2. Final Approval with Financial Guarantee
a. Re-plat of Lots 5 thru 9 of the Hills Subdivision – Pct. 4 (Jeffrey Moats)
 
     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. Reimbursement of a Cash Deposit
a. Los Novillos Subdivision – Pct. 4 (KCJC Real Estate Partnership)
b. Las Estrellas Phase I Subdivision – Pct. 3 (CWL Limited)
c. Las Estrellas Phase IV Subdivision – Pct. 3 (CWL Limited)
d. Ranchitos Escondidos Phase I – Pct. 4 (CWL Limited)

     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 a - d.

     Vote: 3 - 0 - Unanimously
 
17.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-47438
HIDTA Chapter 59 (1251): 
Approval of 2014 appropriation of funds in the amount of $30,000.00 for HIDTA Chapter 59 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 with correction to the appropriation of funds in the amount of $36,000.00.

Vote: 3 - 0 - Unanimously

Attachments:
 
18.
 
Budget & Management - Sergio Cruz:
 
A.
AI-47577
1. Approval and acceptance of Order dated November 20, 2014 setting salary of Court Reporters for 2015.

     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

At this time, Judge Garcia joined the meeting.

2. Approval and acceptance of Order dated November 20, 2014 setting salary of County Auditor, Assistant County Auditors, and Budget of County Auditor for 2015.

     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-47582
1.  Approval of amendment to Appendix A of the Financial Advisory Services contract.

NO ACTION taken on this Item.

2.  Approval of third party invoices and fixed costs and expenses for the bond sales dated November 18, 2014.

NO ACTION taken on this Item.
 
C.
AI-47518
Sanitation Program
Approval to amend the Countywide Solid Waste Citizen Collection Station Rules.

Mr. Cruz informed the Court that the amendment would be to include the acceptance of money orders as a method of payment.

 

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

 
D.
 
Budget Appropriations:
 
1.
AI-47510
CO 2009B&C (1441):
Approval of 2014 appropriation of funds into CO 2009B&C in the amount of $500.00 to fund agent fees.
 

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

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).
 
A.
 
Hidalgo County

The Court proceeded to Item 19.B.
 
1.
AI-47376
Discussion consideration and approval (if applicable) of the following items in connection to the "Delinquent Tax Collection Services-RFP/Q NO: 2014-333-10-15-VYG" project as follows:

A.  Acceptance and approval of the negotiated contract with the number one ranked firm "Linebarger Goggan Blair & Sampson, LLP" including the firm's Best and Final Offer (BAFO)for the Delinquent Tax Collection Services; 
B.  Selection on contract term to be for a two (2) year term with the County's option to renew for an additional one (1) year OR an additional one(1)-two(2) year term and/or three (3) year term with one year renewal (as how Commissioners Court discussed and took action on September 9, 2014) with same fees, terms and conditions.

     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 A and B; the negotiated contract with Linebarger, Googan, Blair & Sampson, LLP and the contract term to be a three (3) year term with one year renewal. 

     Vote: 4 - 0 - Unanimously
 
B.
 
Pct. 1
 
1.
AI-47539
Approval of Work Authorization No. 3 in connection to Contract# C-14-309-09-09 with Millennium Engineers Group, Inc. in the amount of $8,713.50 through assigned requisition # 267377 for the provision of "Construction Materials Testing Services" for the Mile 4 West Road (Mile 15 to Mile 16) Improvements Project.
 

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

 
C.
 
Pct. 2
 
1.
AI-47472
A.  Request from Precinct 2 for exemption from HCCC approved Order for Major Purchases Deadline date of October 3, 2014 as budget line items were being reviewed and analyzed for funding for needed parks equipment;

    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

B.  Authority to purchase 2 tractors (as detailed in supporting documentation) through John Deere (TXMAS cooperative purchasing program awarded vendor) in the amount of $15,321.26 each with written confirmation by John Deere that items will be delivered prior to 12-31-14 with authority to process requisition and approve a Purchase Order.

     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
 
2.
AI-47578
Acceptance and approval of "Certificate of Substantial Completion" from contractor, Holchemont, Ltd., reflecting partial completion date of November 11, 2014 for the "Hidalgo Co. Pct 2 Equipment and Maintenance Facility" as submitted and certified by project architect, ERO Architects.

     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

The Court proceeded to Item 19.A.
 
D.
 
Pct. 4
 
1.
AI-47524
Authority and approval  to enter into an Interlocal Agreement between Hidalgo County  and Texas A&M University to  establish an Hidalago County- San Carlos Community Resource Center in Precinct #4.
 

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

Vote: 4 - 0 - Unanimously

 
2.
AI-47515
 A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional architectural services.

     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

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 architectural services for Pct No.4 “ON CALL SERVICES”.

  ROFA Architects Services  ERO Architects services  Mata-Garcia Architects Services 
Scores  94 96 98
Ranking   3  2  1

     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

C. Authority for the Purchasing Department to negotiate a professional contract with the No. 1 ranked firm MATA-GARCIA ARCHITECTS SERVICES for architectural services for Pct No.4 “ON CALL 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
Attachments:
 
3.
AI-47474
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a) (7) (C) to provide utility construction to enable electric power.

     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

b. Approval to issue payment to Magic Valley Cooperative, Inc (MVEC) in the amount of $4,634.40 through issuance of a purchase order. Magic Valley Electric Cooperative has facilities in place to provide construction services to extend 3 phase overhead and underground to serve Linn-San Manuel Emergency Service Facility.

     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
 
E.
 
Constables
 
1.
AI-47509
CONSTABLE PRECINCT ONE:
a)  Acceptance and approval of revised Pay Application #12  as final retainage (previously approved by cc on 07/08/14-AI#45292) with the new amount of $41,403.57 that is including the 5% percent retainage of Pay Application #13 and as submitted by Holchemont LTD, awarded vendor (AIA Contract #C-12-028-07-24) for the Construction of a New Constable Building" in Precinct One and as certified for payment by project architect, Alcocer Garcia Associates thus allowing Auditor's Office to issue and release payment pursuant to court's action;
 
     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) Ratification  and approval declaring the AIA, Article 9.10.2 (2,3,5) dealing with maintenance of insurance by the general contractor until final payment became moot as County occupied building, insured it and no construction took place while final payments processed.

     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
 
F.
 
Facilities Management:
 
1.
AI-47528
Acceptance of proposal submitted by RL Abatement, Inc. (thru county's participation with TIPS/TAPS Contract No. 1042414) for Asbestos Removal and Disposal at the Hidalgo County Clerk's Office, in the total amount of $13,443.87 as per specifications developed by project consultant AAMECC, LLC.  Asbestos Abatement project is scheduled to take place starting after 5 PM on Thursday, December 4th, and finished by 1:00 PM on Monday December 8th, 2014.  County Clerk's Office will be closed while this project is in progress as announced to Commissioner's Court on November 18, 2014, by Mr. Arturo Guajardo, Hidalgo County Clerk.
 

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

 
G.
 
Sheriff's Office
 
1.
AI-47561
Recommending award of bid(s) and contract(s) to responsible vendors submitting the lowest and best bids  (as detailed in the tabulation sheet contained herein) and meeting all specifications and/or requirements for Request of Sealed Bids: "Purchase of Tires-Including Installation and Other Related Services" for Hidalgo County Sheriff's Office - Including all other Hidalgo County Law Enforcement Agencies, through bid project No.: 2014-324-10-01-SMA.

a) Contract No. C-14-324-12-02-Southern Tire Mart, LLC
b) Contract No. C-14-324A-12-02-A to Z Tire & Battery, Inc. (TIRES ONLY)

***Effective, December 6, 2014, Expiring, December 5, 2015.
 

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

 
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:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-47591
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Red Flower - Tax Abatement.
 
D.
AI-47600
Pending/potential litigation:
The South 5.0 acres of the North 20.0 acres of Lot 45-2, WEST ADDITION TO SHARYLAND, Hidalgo County, Texas, according to the map recorded in Volume 1, Page 56, Map Records in the Office of the County Clerk of Hidalgo County, Texas, reference to which is here made for all purposes.
 
E.
AI-47546
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
F.
AI-47589
Cause No. CL-13-1855-A; ALBERTO MARTINEZ vs. HIDALGO COUNTY, TEXAS
 
G.
AI-47536
Claim of Hector Miramontes
 
H.
AI-47543
Claim of Elisa Rodriguez
 
I.
AI-47554
Claim of Maria Gutierrez

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.
 
B.
 
Pending and/or potential litigation

NO ACTION taken on this Item.
 
C.
AI-47592
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Red Flower - Tax Abatement.

NO ACTION taken on this Item.
 
D.
AI-47601
Pending/potential litigation:
The South 5.0 acres of the North 20.0 acres of Lot 45-2, WEST ADDITION TO SHARYLAND, Hidalgo County, Texas, according to the map recorded in Volume 1, Page 56, Map Records in the Office of the County Clerk of Hidalgo County, Texas, reference to which is here made for all purposes.
 

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 authorize Mr. Steve Crain, with firm Atlas, Hall, and Rodriguez, to file a Declaratory Judgement with regards to this property.

Vote: 3 - 0 - Unanimously

 
E.
AI-47545
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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to compromise a settlement agreement with one of the plaintiffs in the case, Mr. Saul Ramirez, in the amount of $18,000.00 to be made payable to: In Care of Jim Grissom.

Vote: 3 - 0 - Unanimously

 
F.
AI-47590
Cause No. CL-13-1855-A; ALBERTO MARTINEZ vs. HIDALGO COUNTY, TEXAS

Mr. Valde Guerra announced that there is a mediation scheduled in December and will report back to the Court accordingly.
 
G.
AI-47537
Claim of Hector Miramontes
 

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 $120.00.

Vote: 3 - 0 - Unanimously

 
H.
AI-47544
Claim of Elisa Rodriguez
 

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 $3,485.41, and if accepted, the check is to be payable to the Square Law Firm.

Vote: 3 - 0 - Unanimously

 
I.
AI-47555
Claim of Maria Gutierrez
 

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 $500.00.

Vote: 3 - 0 - Unanimously

 
22.
 
Closed Session:
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.
 
24.
 
Adjourn
 

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

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 2nd day of December, 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 December 2, 2014.

Signed this 2nd day of December 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy