BE IT REMEMBERED, that on this 10th day of December 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 |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 |
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:
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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING December 10, 2013 9:30 A.M. |
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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:
All members of the Court were counted present for the exception of Commissioner Joseph Palacios.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
Virginia Townsend led the Court and Audience in Prayer.
The Court moved to approve the Consent Agenda for the exclusion of Items 3.B, 3.C, 4.C, 10.B, and 10.I to be pulled for discussion.
Opal Billman stated that she disagrees with the Judge’s decision when she was sued for divorce. She also stated that she has been falsely imprisoned in her home for the last seventeen years.
Fern McClaugherty expressed that the open forum presenters are not getting their five minute time limit. She also stated that the County is spending too much money on consulting services.
Ruben Ramirez spoke in regards to the difficulties of submitting his absentee voter ballot. He requested more efficient absentee ballots as he has seen in the past.
Karina Cardoza announced that the Hidalgo County Annual Christmas Party will be held on December 13, 2013 at 6 pm. She also announced the Holiday schedule for the County (December 24 and 25 & December 31 and January 1, 2014).
Yvonne Ramon wanted to inform that the new voter certificates were mailed out last Thursday. She wanted to thank her staff, the Postmaster, Rudy Ruiz, and to Purchasing. If there are any problems with the certificates, constituents should contact the Elections Department.
This Item was heard during Open Session; therefore Commissioner Hector "Tito" Palacios was not present for the vote.
Rolando Garza, Chief Appraiser, presented the ballot tallies as approved by the various taxing entities for selection of board members for the Hidalgo County Appraisal District. During Executive Session, the Court discussed and disbursed their votes among the nominees, thus making final approval.
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 select 2014-2015 Appraisal District board members: Eddie Cano, Albert Cardenas, Richard A. Garza, David Hernandez, and Amador Requenez.
Vote: 3 - 0 - Unanimously
Commissioner Hector "Tito" Palacios joined the meeting after 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: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 21.E - EEOC Charge No. 451-2014-00350; Eugenia Andrade.
Vote: 3 - 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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval specifically as it pertains to Item 21.E - EEOC Charge No. 451-2014-00350; Eugenia Andrade.
Vote: 3 - 0 - Unanimously
1) Renovations to Former Administration Building 1st and 2nd Floors
Commissioner Hector Palacios stepped out of the meeting.
Mr. Palacios and Jerry Garcia, Project Manager, presented the progress of the renovations of the 1st and 2nd floors. Mr. Palacios stated that a portion of the plans have been given to the contractor and revisions will be given to him today.
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 on acknowledgement of changes presented and discovered (vaults, plumbing).
Vote: 3 - 0 - Unanimously
2) Update on other ongoing county owned building construction and renovation repair projects
NO ACTION taken on this Item.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this Item.
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
| For the month of: | Amount |
| June 7, 2013 | $20.22 |
| July 7, 2013 | $20.52 |
| August 7, 2013 | $20.39 |
| September 7, 2013 | $20.48 |
| October 7, 2013 | $20.39 |
| Total: | $102.09 |
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
The Court proceeded to Item 12.A.
Commissioner Hector "Tito" Palacios joined the meeting.
Mr. Olivarez informed the Court that they will be redoing the hearing that was held last week on the 20th of December in regards to the rate for the Funding District.
NO ACTION was taken on this Item.
NO ACTION taken on this Item.
At this time, Commissioner Joe Flores stepped away from 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: 3 - 0 - Unanimously
| Invoice Date | Invoice | Vendor | Amount |
| 11/03/13 | 803358989 | AT & T Long Distance | $297.59 |
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
1. (1) Unit in the City of Mercedes for demolition and reconstruction in the amount of $56,350.00 to A-One Insulation.
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
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
1. (1) Unit in the City of Granjeno for demolition and reconstruction in the amount of $55,890.00 to Argo Construction,LLC
2. (1) Unit in the City of Granjeno for rehabilitation in the amount of $16,500.00 to A-One Insulation.
On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
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
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
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
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 Joe Flores joined the meeting.
2. Discussion, consideration and action for posting Election Day roster on the Hidalgo County Elections Department's website.
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
Ms. Ramon will be bringing early voting site information at a later date.
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
At this time, Commissioner Joe Flores stepped away from the meeting.
1. Approval of Certification of Revenues as certified by the County Auditor for TxDOT Reimbursement of BCAP Forced Labor - El Mesquite Subdivision and Mid Valley Estates Subdivision.
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
2. Approval of 2013 appropriation of funds into Precinct No.1 Road & Maintenance (program 005) in the amount of $119,246.61.
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
On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the interlocal cooperation agreement project to assist the Military Highway Water Supply Corporation in the extension a 10" potable water supply line for the Precinct 2 Equipment & Maintenance Facility 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.
Vote: 3 - 0 - Unanimously
A. Approval of Certification of Revenues by the County Auditor, for proceeds from the sale of assets to Hidalgo County DD No.1
B. Approval of 2013 appropriation of funds in the amount of $549,575.00 for FM 1925 road project.
On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval on Items A and B.
Vote: 3 - 0 - Unanimously
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. Exemption from competitive bidding requirements under Texas Local Government Code, Chapter, 262.024(a)(4) a professional service to negotiate an agreement;
B. Procure a professional consulting services contract by formally publishing/advertising a solicitation for a Request for Proposals (with qualifications) for same.
Marty Salazar explained the difficulty she has been having in finding information on existing contracts that BP stated they had in their presentation during a Commissioners' Court a few weeks ago. She has researched the contracts they have with three other County's but there is no information on Minutes that states how and if they were procured. Judge Garcia requested her concerns in writing so that he may have an attempt in getting answers from Mr. Richardson.
NO ACTION taken on Items A and B.
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
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
On motion by COMMISSIONER PCT.2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
b. Requesting approval of a "professional engineering services" agreement with L&G CONSULTING ENGINEERS, INC. d/b/a L&G ENGINEERING for: "Professional Engineering Services" in connection to Job Specific Project: Environmental Assessment, Public Involvement, Schematic and Hydrologic Design for the “FM 1925 (from FM 907 (Alamo Road) East to East of SH68 (Uresti Street)” located within Hidalgo County Precinct No. 4;
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
c. Pursuant to Article 14 of the "professional engineering services" agreement with L&G CONSULTING ENGINEERS, INC. d/b/a L&G ENGINEERING, is requesting approval to engage the services of sub-contractor (AMATERRA ENVIRONMENTAL, INC.) with adherence to insurance provisions required by said article;
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
d. Requesting approval of Work Authorization No. 1 ($ 549,575.00) from L&G CONSULTING ENGINEERS, INC. d/b/a L&G ENGINEERING for Professional Engineering Services" in connection to Job Specific Project: Environmental Assessment, Public Involvement, Schematic and Hydrologic Design for the “FM 1925 (from FM 907 (Alamo Road) East to East of SH68 (Uresti Street)” located within Hidalgo County Precinct No. 4.
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
e. Requesting approval of a "professional surveying services agreement" with ARANDA & ASSOCIATES, INC. for the purposes of (Job Specific) "Surveying Services" for: "BREWSTER PARK PROJECT" located within Hidalgo County Precinct No. 4.
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
- Contract - Raba Kistner Inc - C-13-320-12-10 - Pct 4
- Contract # C-13-335-12-10-Aranda & Assoc Inc (Brewster Prk)-Pct 4
- Contract #C-13-336-12-10-L&G Eng(Job Specific) FM 1925 Proj-Pct 4
- WA#1-L&G Eng-C-13-336-12-10-Job Specific-FM 1925-Pct 4
- Email-Apprvd by Legal
- Email-Apprvd by Legal-L&G Eng (FM 1925)Pct 4
- Email-Apprvd by Legal-Aranda
- Sub Letter (AmaTerra) frm L&G Eng (FM 1925) Pct 4
- rabakistner agrmt/executed
- Aranda agrmt/executed
- L&G agrmt/executed
- wa1L&G/executed
Sergio Cruz explained that at this time it will be paid through a prepaid account. He stated the 2014 budget will be amended to include the additional funding for the insurance coverage.
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
| Montalvo Insurance Agency | The Klement Agency | |
| Evaluator 1 | 94 | DNMS* |
| Evaluator 2 | 87 | DNMS* |
| Evaluator 3 | 87 | DNMS* |
| Average Score | 89 | DNMS* |
| CC Rank | 1 | - |
*Does Not Meet the Specifications/Requirements approved by Hidalgo County
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS , the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
B. Requesting authority for Purchasing Department to enter into negotiations with the number one (1) ranked proposer/vendor Montalvo Insurance for: Excess Workers’ Compensation Insurance.
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 and Judge Garcia stepped away.
| Tristar Risk Management | One-To-One Claims | |
| Evaluator 1 | 97 | 81 |
| Evaluator 2 | 95 | 87 |
| Evaluator 3 | 96 | 76 |
| Average Score | 96 | 81 |
| CC Rank | 1 | 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: 3 - 0 - Unanimously
b. Requesting authority for Purchasing Department to enter into negotiations with the number one (1) ranked proposer/vendor TRISTAR RISK MANAGEMENT for Quality Claims Administration Services for Workers Compensation.
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
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
1. 115.05 ACRE TRACT OF LAND, LOTS 10, 15 & 16 SECTION 277 TEXAS MEXICAN RAILWAY
NO ACTION on Items 20.A - 20.I.
Commissioner Hector "Tito" Palacios was not present for Open Session.
NO ACTION taken on this Item.
1. 115.05 ACRE TRACT OF LAND, LOTS 10, 15 & 16 SECTION 277 TEXAS MEXICAN RAILWAY
NO ACTION taken on this Item.
NO ACTION taken on this Item.
Proceed as Directed.
Refer to Item 7.A.1 & 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 for a settlement in the amount of $25,000.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR. the Court made a UNANIMOUS vote of approval in the amount of $3,000.
Vote: 3 - 0 - Unanimously
NO ACTION taken on this Item.
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 $3,887.84.
Vote: 3 - 0 - Unanimously
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this Item.
Commissioner Hector "Tito" Palacios joined the meeting.
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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 10th day of December, 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 December 10, 2013.
Signed this 10th day of December 2013
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
