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Minutes for CC REGULAR

SPECIAL MEETING - November 5, 2013

BE IT REMEMBERED, that on this 5th day of November A.D., 2013, 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
November 5, 2013
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

Valley Veterans presented the Colors and led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer - Virginia Townsend led the Court and Audience in Prayer. Judge Garcia held a moment of Silence in memory of Jorge Jaime Salazar, husband of Marty Salazar.

At this time, the Court proceeded to Items 13.A, 6.A, and 6.D.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 9.B, 9.C, 9.D, and 9.F to be pulled for discussion.
 
5.
 
Open Forum

> Opal Billman noted the definition of fraud. She stated that the Court determined her debt-free community property as excess land of no value. A division of the property was not made and is being used unlawfully.

> Fern McClaugherty commented on our poverty level in the County and that the residents of Hidalgo County do not want to increase taxes and basically cannot afford improvements. She also stated that the County cannot afford more holidays than what we already have.

> Barbara Stors invited the public and the Court to the Edinburg Convention Center for an event celebrating the 100-year anniversary of the signing of the Smith-Lever Act of 1914 which officially created the national Cooperative Extension System serving Hidalgo County. The event will take place on November 16, 2013 at 12 pm.

> Karina Cardoza announced the memorial services for Jaime Salazar. Services will take place on Wednesday, November 6 at Saint Joseph Catholic Church in Edinburg. The services begin at 2 pm for viewing and visitation, at 3 pm the rosary will take place, and the memorial and mass at 4 pm. In lieu of floral arraignments, Mr. Salazar's wishes were for everyone to consider becoming an organ donor.

At this time, the Court proceeded to Item 15.A.
 
6.
 
County Judge's Office:
 
A.
AI-41555
Resolution honoring Veterans Treatment Court Program and Veterans Day

Mr. Emilio De Los Santos presented the gathered facts of the Veteran needs and the importance of this program.  Mr. De Los Santos and Karina Cardoza introduced the some of the Treatment Program Panel.  Karina read the the Resolution. The purpose of the program is to give Veterans the appropriate treatment if they were to encounter legal issues.
 

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

Vote: 4 - 0 - Unanimously

 
B.
AI-41556
Resolution honoring the UTPA Pharmacy Program

Karina introduced Dr. Robert Nelson, UTPA President, which summarized the accomplishments of the students in the Progam.  Dr. Lydia Aguilera, Program Director and Clinical Assistant Professor, was also proud of introducing her facility and students involved in the program.  She invited the Court and Audience to the presentation of the award that will be held at the Art Annex on 281 on Thursday at 7pm which will presented by Sarita Brown, President of Excelecia in Education.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS 

, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
AI-41590
Discussion, consideration, and action to amend the Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy.
 

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

Vote: 4 - 0 - Unanimously

 
D.
AI-41593
1.  Presentation by American Traffic Solutions

Commissioner Joe M. Flores joined the meeting.


George Hitner and Greg Parks, American Traffic Solutions, presented a slideshow indicating the need for cameras in school zones to ensure the safety of students.  The camera would photograph a car, its license plate, and accurate speed with an ICP Certified Radar in locations where the equipment is placed.  The equipment is mobile and the County would be able to decipher which type of mobile device would be used.  The solution is at no cost to the County, but after citations are issued, payment of the fine would be divided among the County and American Traffic Solutions, 60/40, respectively.  Mr. Hitner noted that the County has jurisdiction to place cameras anywhere, not municipalities.  Judge Garcia mentioned that he feels the cities and schools would also need to be involved in the decision process. 

2.  Discussion, consideration, and possible action regarding installation of safety cameras in Hidalgo County School Zones.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval for Purchasing to proceed with paying the contract with HGAC and negotiate a contract with American Traffic Solutions.

     Vote: 5 - 0 Unanimously

At this time, the Court proceeded to the Consent Agenda.
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 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

Mr. Valde Guerra, Executive Officer, noted that the final presentation would be presented next week.

NO ACTION taken on this Item.

2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on Items 2 and 3.
 
C.
AI-41577
Presentation and acceptance of Audit Reports submitted by the Emergency Services District No. 1 and Emergency Services District No. 3 for year ended 12/31/12
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-41559
Order Acknowledging Consent of Assignment by First Hartford Realty Co. under Economic Development Agreement dated October 1, 2013

NO ACTION taken on this Item.
Attachments:
 
E.
AI-41561
Approval to accept settlement check from Fred Loya Insurance Company in the amount of $1,065.75 to settle auto accident with County vehicle. (Precinct 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: 5 - 0 - Unanimously

 
F.
AI-41606
Approval of Resolution designating the area to conduct public sale of real property at auction, as allowed by Chapter 51 of the Property Code
 

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:
 
G.
AI-41604
Approval of 2014 Proposed Holidays

Mr. Guerra stated that a proposal to add Columbus Day to the Holiday schedule was to be discussed.  Virginia Townsend contested to the proposal stating the County currently has too many Holidays; therefore, making it inconvenient for the taxpayers inability to conduct buisness on those days.  Mr. Raul Silgero offered an alternative by including Columbus Day, but having a "skeleton crew" work on three (3) of those Holidays.  Commissioner Hector Palacios offered a motion to that effect, Commissioner A.C. Cuellar, Jr., seconded the motion.  

The Court recessed.

Mr. Frank Traver notified the Court of his experience in Federal Wage and Hour Law after college and stated he is not familiar with the current law, but in those days, the employee was entitled to double-time pay if he worked on a Holiday. Victor Garza, County Attorney, stated that current rules and provisions may not accomodate for a "skeleton crew" senario, yet there may be an opportunity to amend those provisions.  Commissioner Tito Palacios withdrew his motion after discussion with legal counsel for the sake of compliance.  

      On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval to have the 14-day Holiday Schedule similar to that of 2013.   

     Vote: 5 - 0 Unanimously

Commissioner Joe Flores stepped away from the meeting.
 
8.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-41177
Consideration and approval of Contract for Out Stationed Assigned Specialists in Health Care Facilities at:

1.  Knapp Medical Center
2.  Mission Hospital, Inc.
3.  Rio Grande Regional Hospital
4.  McAllen Hospitals LP (McAllen Medical Center & Edinburg Regional Medical Center)
5.  Doctors Hospital at Renaissance
 

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 - 5.

Vote: 4 - 0

 
B.
AI-41207
1.  Pursuant to Texas Local Government Code Section 157.903, requesting approval of indemnification of an uncollectible fee in the amount of $5.00. 
2.  Requesting approval to direct Ms. Norma Garcia, Hidalgo County Treasurer, to generate a check in the amount of $5.00 payable to Hidalgo County Health & Human Services Dept. to replenish the Health Clinics Immunization fund account.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
AI-41392
Requesting approval to participate in the MEMORANDUM OF UNDERSTANDING (MOU) FOR RECEIPT OF SYNDROMIC SURVEILLANCE INFORMATION (BIOSENSE): LHD & DSHS
 

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

Vote: 4 - 0 - Unanimously

 
D.
AI-41499
1. Requesting approval to submit NACCHO grant application.  The purpose of this funding is aimed at supporting local public health departments in undertaking accreditation preparation activities.

2. Requesting approval of the contract / Agreement language.  

3. Requesting approval for County Judge to sign NACCHO Contract. 

NO ACTION taken on Items 1 - 3.
 
E.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

Mr. Olivarez reminded the Court and Audience that there is a public hearing set for November 19th on the new rate for the 2014 Health Funding District.

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.

The Court proceeded to Item 15.B.
 
9.
 
Urban County - Diana Serna:
 
A.
AI-41372
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services.

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

     Vote: 4 - 0 Unanimously

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering firms from the county’s approved “pool” as graded and evaluated by the Precinct No. 1, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 26 (2013) Precinct No.1 - Street Improvements funds.

Professional Service Firm Grade Ranked
LeFEVRE Environmental & Management Consultants 90.33%  1
Hinojosa Engineering 89.67%  2
R.E. Garcia Engineering 82%  3

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

     Vote: 4 - 0 Unanimously

3. Authority to negotiate a professional engineering service contract with the highest ranked firm
for a Urban County Program Year 26 (2013) Precinct No.1 - Street Improvements project.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to negotiate a contract LeFEVRE Environmental & Management Consultants.

     Vote: 4 - 0 Unanimously
Attachments:
 
B.
AI-41374
Urban County Program on behalf of the City of Mercedes is requesting authority to purchase tables and chairs for the children’s area at the Library. Purchase will be made from Library Interiors of Texas (contract # 414-12) an approved vendor through Hidalgo County’s membership and participation with State of Texas Buy Board. The total amount of purchase is $6,775.44 (quote attached) for the Mercedes Library funded thru FY 26 (2013) Mercedes – Public Service (general) line item.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
AI-41384
Urban County Program is requesting the award of bids and approval of contracts for the demolition and reconstruction of the following:

1. (2) Units in the City of Edcouch, (1) unit in the City of Mercedes and (1) unit in the City of San Juan in the amount of $170,760.00 to 3 General Construction Inc.
 

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

Vote: 4 - 0 - Unanimously

 
D.
AI-41405
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for geotechnical and construction material testing services.

     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

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) geotechnical and construction material testing services firms from the county’s approved “pool” as graded and evaluated by the Precinct No. 1, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 26 (2013) Precinct No.1 - Street Improvements funds.
Professional Service Firm Grade Ranked
RABA Kistner 91%  1
MEG Engineers 89.33%  2
TERRACON 88.67%  3

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

     Vote: 4 - 0 Unanimously

3. Authority to negotiate a geotechnical and construction material testing services contract with the highest ranked firm for an Urban County Program Year 26 (2013) Precinct No.1 - Street Improvements project.

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to negotiate a contract with RABA Kistner.

     Vote: 4 - 0 Unanimously
Attachments:
 
E.
AI-41416
Urban County Program on behalf of the City of Weslaco is requesting consideration and action to award and enter into a construction contract with Saenz Brothers Construction, LLC for a 12-inch Recycle line at the Water Treatment Plant located within the City of Weslaco. Total contract amount of $432,705.00 utilizing UCP - City of Weslaco FY’s 24 & 25 (2011 & 2012) water/sewer improvement 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: 4 - 0

Attachments:
 
F.
AI-41487
Urban County Program, on behalf of the Precinct No. 3, is requesting approval of a best and final negotiated contract for surveying services with CVQ Land Surveyors, in the amount of $21,600.00 utilizing Texas General Land Office (GLO) funds for drainage improvements.
 

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

Vote: 4 - 0 - Unanimously

 
G.
AI-41376
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services.

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

     Vote: 4 - 0 Unanimously

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering firms from the county’s approved “pool” as graded and evaluated by the City of Alamo, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 26 (2013) City of Alamo – Water/Sewer Improvements funds.

Professional Service Firm Grade Ranked
Quintanilla, Headley & Associates 97.67%  1
R. Gutierrez Engineering 93%  2
R.E. Garcia Engineering 88.67%  3

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

     Vote: 4 - 0 Unanimously

3. Authority to negotiate a professional engineering service contract with the highest ranked firm
for a Urban County Program Year 26 (2013) City of Alamo - Water/Sewer Improvements project.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to negotiate a contract with Quintanilla, Headley & Associates.

     Vote: 4 - 0 Unanimously
Attachments:
 
10.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-41547
Approval of Full Contract for Election Services between Hidalgo County and the City of Weslaco for their election to be held on November 5, 2013.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-41546
Approval of Full Contract for Election Services between Hidalgo County and South Texas College for their bond election to be held on November 5, 2013.
 

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

Vote: 4 - 0 - Unanimously

 
11.
 
Precinct #3 - Comm. Flores:
 
A.
AI-41617
1. Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between the City of McAllen, City of Palmhurst, and City of Alton and County of Hidalgo for the improvements to Shary Road (FM494) from FM 1924(Mile 3) to SH 107. 

Sergio Cruz, Budget Officer, clarified that the cost is a hard amount and the County will be responsible for any overages and if there are any underages, the County will keep the difference. 

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval subject to funding.

     Vote: 4 - 0 Unanimously

2. Acceptance and approval of the Interlocal Cooperation Agreement Project Shary Road (FM494) from FM 1924 (Mile 3) to SH 107 pursuant to the approval of the Interlocal Agreement as stated above.

     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:
 
12.
 
Head Start Program - Teresa Flores:
 
A.
AI-41532
Discussion, Approval and Appointment of One (1) Community Representative by Each Members of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(7) Beginning October 2013 (Commissioner Hector "Tito" Palacios)

NO ACTION taken on this Item.
 
13.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-41201
Resolution honoring the Edinburg Consolidated Independent School District Board of Trustees for being recognized as the 2013 Texas Outstanding School Board of the Year by the Texas Association of School Administrators
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-41518
Consideration and Approval to purchase a certain tract of land also known as Parcel 9 for the Trenton Drainage Project (Pct.4).
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
14.
 
Budget & Management - Sergio Cruz:
 
A.
 
Budget Appropriations:
 
1.
AI-41597
Precinct No.1(1303):
A. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the Raymondville Drainage project to Hidalgo County DD No.1

B. Approval of 2013 appropriation of funds in the amount of $1,455,877.00 for purchase of heavy equipment.
 

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 A & B.

Vote: 4 - 0 - Unanimously

Attachments:
 
2.
AI-41562
Precinct No.4 Road Projects (1303):

A. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the Raymondville Drainage Project sale to Hidalgo County DD No.1 for the following appropriations.

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

     Vote: 4 - 0 Unanimously

B. Approval of 2013 appropriation of funds in the total amount of $139,595.61 for Tex-Mex road project.

C. Approval of 2013 appropriation of funds in the total amount of $81,415.35 for Trenton road project.

D. Approval of 2013 appropriation of funds in the total amount of $81,414.83 for Wisconsin road project.

E. Approval of 2013 appropriation of funds in the total amount of $209,425.29 for Curry road project.

     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 on Items B, C, D, and E.

     Vote: 4 - 0 Unanimously

F. Approval of 2013 appropriation of funds in the total amount of $9,803.44 for Linn San Manuel Emergency Facility Project - Geo Technical Services. 

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

     Vote: 4 - 0 Unanimously
 
15.
 
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-41596
a. Presentation by Alamo Insurance Group (Hidalgo County Health Insurance Consultant) of the scoring grid for the proposals received (for the purpose of ranking by Commissioner's Court) in response to the County's RFP for "Third Party Administration, Individual Stop Loss for Self-Funded Medical Plan, Group Term Life and Accidental Death and Dismemberment". (Project No.: 2013-143-10-16-CGA);

TPA and Medical Plan:

1) Blue Cross Blue Shield

2) United Healthcare

Group Term Life and Accidental Death and Dismemberment:

1) Dearborn National

2) Metlife

     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

b.  Requesting authority for consultant to commence negotiations (including best and final offer) with the number one ranked proposer.

     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

At this time, the Court recessed the Commissioners' Court meeting and reconvened the Drainage District meeting.
 
2.
AI-41549
Acceptance and approval of "Amendment#3" to the AIA B-141-1997 Standard Form of Agreement with Alcocer Garcia Associates, Inc., for the "Remodel of Existing Old Administration Building (1st and 2nd Floor)," to reflect the removal of facility to house County Commissioners' Court Chambers construction, the revisions to construct County Commissioners' Court and/or offices spaces for Public Relations Office, and revise cost estimate.
 

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 an $18,000 increase.

Vote: 4 - 0 - Unanimously

 
B.
 
Pct. 2
 
1.
AI-41548
A. Discussion, consideration, and action on a recommendation by project engineer, Cruz-Hogan Consultants, Inc. to award to lowest bidder meeting all specifications; Texas Cordia Construction, LLC in the amount of $682,929.86 for Bid No. 2013-293-10-23-SMA “Hidalgo County Precinct No. 2-Lowering of Canal Crossings & Road Widening at Eldora & Sgt. Trevino Roads;

     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. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

Mr. Raul Silgero was designated by Commissioner Hector Palacios to execute change orders.

     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

The Court proceeded to Item 9.A.
 
C.
 
Pct. 3
 
1.
AI-41566
Approval of Closing Documents for Sale of Real Property to Dr. Sonia Trevino and authority for County Judge to execute same for "A 1.40 acre tract of land being all of Lots 1 thru 9, and former alley lying east of Lots 1, 2,3  West of Lots 4 thru 9, Block 212.  The original town site of Mission, Hidalgo County, Texas, according to the map or plat thereof recorded in Volume 0, page 49, Map Records, Hidalgo County, according to Warranty Deed record in Volume 2095, Page 903 and Warranty Deed Recorded Under County Clerks Document Number 361424, Official Records, Hidalgo County, Texas.

Commissioner Joseph Palacios stepped away from the meeting prior to the vote.
 

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

Vote: 3 - 0 - Unanimously

 
D.
 
Pct. 4
 
1.
AI-41533
Approval of  a "Clarification" of AI-40857 (CC 10-2-14) to include "Sub-Contractor's Letter" to SA#2 for WA#1 pursuant to Art. 14 to engage the services of (sub-cont.) ROD'S SURVEYING, INC. (to increase amount to $ 20,020.00) for current contract with L&G Consulting Engineering, Inc. for "Job Specific Project": "FM 1925-from Kenyon Road to FM 907 (Alamo Road,") for Hidalgo County Precinct No. 4., under contract #C-11-234-09-13.

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

Vote: 3 - 0 Unanimously

Commissioner Joseph Palacios joined the meeting.
 
2.
AI-41471
Presentation for discussion, consideration, acceptance and approval for County Judge to execute the North Alamo Water Supply Corporation Service Agreement for the installation of the water meter for the Precinct No. 4 -Former Restitution Center Building on "M" Road Project, in Edinburg, TX. 

Sergio Cruz noted that they will prepare an emergency transfer.

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

Vote: 4 - 0 Unanimously

Commissioner Joseph Palacios stepped away from the meeting.
 
E.
 
IT Department:
 
1.
AI-41553
a. Discussion, consideration, and approval of Amendment No. 5 with Texas Conference of Urban Counties to extend term and revise anticipated payment schedule for Fiscal Year 2014 for the integration of the Justice System Court Administration System.

b. Requesting approval to execute an End User and Professional Services License Agreement with Tyler Technologies, Inc. to include additional software module.

c. Requesting approval to execute an Amended and Restated Implementation Plan for Phase 1 and Phase 2 with Tyler Technologies, Inc.

Sergio Cruz advised the Court that this would require an appropriation of funds from the Justice Technology Fund and funding is in place.  Renan Ramirez clarified to Mr. Eufracio on the number of hours and stated that the Phase 3 hours are brand new to the project.

     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 on Items (a), (b), and (c) subject to funding.

     Vote: 3 - 0 Unanimously
 
F.
 
Facilities Management:
 
1.
AI-41406
Requesting approval of the following claims/invoices with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor:

Date Invoice # Vendor Name Total Invoice Account #
7/31/13 00526043 Weldinghouse, Inc. $19.77 3-1100-419-40-220-001-0-442
8/31/13 00528617 Weldinghouse, Inc. $19.77 3-1100-419-40-220-001-0-442
9/30/13 00531155 Weldinghouse, Inc. $7.02 3-1100-419-40-220-001-0-442
    Total $46.56  

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

     Vote: 3 - 0 Unanimously

At this time, Commissioner Joe Flores joined the meeting.
Attachments:
 
2.
AI-41583
Acceptance and approval to award the option 1 of the proposal received in the amount of $31,821.38 from Herrera and Hunt, Inc., awarded Job Order Contractor through County's participation with Choice Facility Partners for the project titled:  Hidalgo County Facilities Management "Sewer Line Repairs at the Health Department C.O.". 
 

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

Vote: 4 - 0 - Unanimously

 
G.
 
Sheriff's Office
 
1.
AI-41452
Acceptance and approval of the final construction contract documents (awarded by CC-10/15/13) with Herrera and Hunt, Inc. in the total amount of $259,498.00 for the project: "Hidalgo County Sheriff's Office -Facility Modifications to Incorporate Motorola and 911 Equipment (C-13-258-10-15)."
 

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

Vote: 4 - 0 - Unanimously

 
16.
 
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. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval to proceed to Executive Session.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-41568
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain
 
D.
AI-41530
Cause #C-1529-08-1; Dyer v. Hidalgo County & TXDOT
 
E.
AI-41571
Cause No. C-2508-13-C; Lidia Flores v. Hidalgo County, David Esquivel and Sylvia Esquivel
 
F.
AI-41575
C-0664-13-I; Iris Judith Serna, Rogelio Castillo Saldana v. County of Hidalgo
 
G.
AI-41611
C#13-10-16461-CV; State of Texas vs. Elizabeth Moya
 
H.
AI-41523
Subrogation Claim as against Juan Jose Prado and Erasmo Luna
 
I.
AI-41525
Notice of Claim - Karina A. Bocanegra
 
J.
AI-41601
Claim of Karina Pena

NO ACTION taken on Items 16.A - 16.J.
 
17.
 
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-41569
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Domain

Proceed as Directed.
 
D.
AI-41531
Cause #C-1529-08-1; Dyer v. Hidalgo County & TXDOT

NO ACTION taken on this Item.
 
E.
AI-41572
Cause No. C-2508-13-C; Lidia Flores v. Hidalgo County, David Esquivel and Sylvia Esquivel

Proceed as Directed.
 
F.
AI-41576
C-0664-13-I; Iris Judith Serna, Rogelio Castillo Saldana v. County of Hidalgo
 

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 to tender the balance of the self-insured retention.

Vote: 4 - 0 - Unanimously

 
G.
AI-41612
C#13-10-16461-CV; State of Texas vs. Elizabeth Moya

Mr. Guerra disclosed the Court that this matter is assigned and will be handled by Ms. Josefine Ramirez's office at the District Attorney's office.
 
H.
AI-41524
Subrogation Claim as against Juan Jose Prado and Erasmo Luna

Proceed as Directed.
 
I.
AI-41527
Notice of Claim - Karina A. Bocanegra

NO ACTION taken on this Item.
 
J.
AI-41602
Claim of Karina Pena

     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 for settlement authority in the amount of $800.00.

     Vote: 4 - 0 Unanimously

At this time, the Court proceeded to Item 6.C.
 
18.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
19.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
20.
 
Adjourn
 

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 to Adjourn.

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 5th day of November, 2013

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 November 5, 2013.

Signed this 5th day of November 2013




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


By: ____________________________
(Seal) Virginia Jones, Deputy