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Minutes for CC REGULAR

SPECIAL MEETING - January 14, 2014

BE IT REMEMBERED, that on this 14th day of January 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 JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
January 14, 2014
9:30 A.M.
                                          

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

 
1.
 
Roll Call

All members of the Court were counted present for the exception of Commissioner Joe Flores.
 
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 Item 10.E to be pulled for discussion.
 
5.
 
Open Forum

Joseph Cyrus spoke of his concern over the lack of training to be honest and stated he has witnessed corruption within the county.

Virginia Townsend stated that county employees should not be electioneering while on the job.

Opal Billman feels the judge of the 275th District Court stole their property and stated the county and state should be responsible to ensure the courts function within the realm of the law.

Judge Garcia requested a moment of silence for a man whom he described as a pilar of the community, Mr. Ciro Trevino.
 
6.
 
County Judge's Office:
 
A.
AI-42601
Resolution honoring Michael Donovan

Hilda Salinas, Public Affairs, introduced Mr. Donovan and read the Resolution in his honor.  Mr. Donovan, a Boys Scouts of America member for the past six years, has earned the highest rank attainable, Eagle Scout.  Alex Rios, representative for State Representative Terry Canales, also honored Mr. Donovan with a Resolution.  Mr. Donovan thanked all for the recognition.  

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

     Vote: 4 - 0 - Unanimously
 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval as it pertains to Item 14.C: C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator.

Vote: 4 - 0 - Unanimously

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

On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval as it pertains to Item 14.C: C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator.

Vote: 4 - 0 - Unanimously
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION on Items 1, 2, and 3.
 
8.
 
Constables:
 
A.
AI-42500
Constable Pct. #4 (1284):
Approval of appropriation of the 2012 Operation Stonegarden Grant funds tactical phase 3 for the Constable Precinct No. 4 in the total amount of $5,900.79.
 

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:
 
9.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-42476
Requesting approval for Hidalgo County Health & Human Services Dept. to participate in a Medical Group Agreement for Blue Advantage HMO Network Participation with Blue Cross Blue Shield of Texas. 
 

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:
 
B.
AI-42459
1. Requesting approval to accept the Preparedness and Prevention Community Preparedness Section / Bioterrorism Discretionary grant contract #2014-045408-001 in the amount of $89,999.00 for the period of 01/01/2014 through 06/30/2014.   

     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: 4 - 0 - Unanimously

2. Requesting approval for County Judge to sign the Fiscal Federal Funding Accountability and Transparency Act Certification.

     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

3. Requesting approval of the Certification of Revenue in the amount of $89,999.00. 

     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

4. Requesting approval of the budget appropriation in the amount of $100,000.00. 

     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: 4 - 0 - Unanimously
 
C.
 
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.
 
D.
 
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.

At this time, Commissioner Joseph Palacios stepped away from the meeting.
 
10.
 
Urban County - Diana Serna:
 
A.
AI-42563
The Urban County Program on behalf of Precinct No. 1 is requesting approval and award of best and final negotiated contract with LeFevre Engineering & Management Consulting, LLC in the amount of $54,525.00 utilizing CDBG FY 26 (2013) Street Improvements 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

Commissioner Joseph Palacios joined the meeting.
Attachments:
 
11.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-42511
Discussion, consideration, and approval for the County Auditor's Office to conduct an audit of the Chapter 59 Asset Forfeiture Report prepared by the Hidalgo County Sheriff’s Office, HIDTA, Constable Precinct 1, Constable Precinct 2, Constable Precinct 3, Constable Precinct 4, Constable Precinct 5 and Hidalgo County Fire Marshal for fiscal year 2013 pursuant to the Chapter 59 Asset Forfeiture Report requirements.
 

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

 
12.
 
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.
 
Pct. 2
 
1.
AI-42433
Acceptance of the sole bid received and approval of contract for the request for bids for "Loading and Hauling of Dirt" for Hidalgo County Precinct #2. (Bid No.: 2013-269-10-30-CGA)
 

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 contract with Roy's Hauling.

Vote: 4 - 0 - Unanimously

 
2.
AI-42514
Acceptance, and approval of the following for C-13-250-01-14 - "Road & Drainage Construction - Rancho Blanco Road" between Hidalgo County and R.D.H. Site & Concrete Company as submitted through project engineer R. Gutierrez Engineering Corp.:

A. Final construction contract (CC previously approved to award on 10/22/2013) in the amount of $297,936.13;

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

     Vote: 4 - 0 - Unanimously

B. Pursuant to TXLGC262.031 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.

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

     Vote: 4 - 0 - Unanimously
 
B.
 
WIC
 
1.
AI-42421
Presentation of bids received as detailed and attached herein for the purpose of award and approval of contract document with the lowest vendor meeting all specifications and/or requirements as attached hereto for: Hidalgo County WIC Program-Lease of Office Space-City of Roma- RFB No. 2013-213-12-04-SMA

Mr. Eufracio questioned the commencement dates.  Mr. Crain, Legal Counsel, explained that there is only one commencement date and stated that the commencement date is when Hidalgo County finally accepts the premises after remodeling takes place.

     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
 
C.
 
Sheriff's Office
 
1.
AI-42422
Presentation of bids received as detailed and attached herein for the purpose of award and approval of contract document with the lowest vendor meeting all specifications and/or requirements as attached hereto for: Hidalgo County-Sheriff's Office Legend and Non-Legend Pharmaceuticals- RFB No. 2013-145-12-27-SMA. 
 

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

 
13.
 
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.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-42533
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator
 
D.
AI-42505
C-0664-13-I; Iris Judith Serna, Rogelio Castillo Saldana v. County of Hidalgo
 
E.
AI-42603
CL-13-3882-A; TCPSP Corp. v. Hon. Jesus Morales (JP 1,2)
 
F.
AI-42554
Subrogation Claim Against Noe Vela-Castillo
 
G.
AI-42539
Subrogation Claim against Rocio Gutierrez
 
H.
AI-42537
Claim of Antonio Martinez
 
I.
AI-42611
Claim of Guadalupe Chapa
 
J.
AI-42599
Claim of Mary Lou Gomez A/N/F of Alexandro Rodriguez

NO ACTION taken on Items 13.A - 13.J.
 
14.
 
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-42534
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator
 

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 for recommendation to settle.

Vote: 4 - 0 - Unanimously

 
D.
AI-42504
C-0664-13-I; Iris Judith Serna, Rogelio Castillo Saldana v. County of Hidalgo
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval of settlement from the county's insurance carrier, Travelers Insurance Company, for Iris Judith Serna and her attorney of record in the amount of $27,000, $30,000 to Rogelio Castillo Saldana and his attorney of record, and property damage in the amount of $5,558.00.

Vote: 4 - 0 - Unanimously

 
E.
AI-42604
CL-13-3882-A; TCPSP Corp. v. Hon. Jesus Morales (JP 1,2)

NO ACTION taken on this Item.
 
F.
AI-42555
Subrogation Claim Against Noe Vela-Castillo
 

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 for authority to execute settlement documents.

Vote: 4 - 0 - Unanimously

 
G.
AI-42540
Subrogation Claim against Rocio Gutierrez
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to accept partial payment in the amount of $400.00 and to accept the balance of the claim through a Promissory Note.

Vote: 4 - 0 - Unanimously

 
H.
AI-42538
Claim of Antonio Martinez
 

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 for settlement authority to make an offer in the amount of $15.00.

Vote: 4 - 0 - Unanimously

 
I.
AI-42612
Claim of Guadalupe Chapa
 

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 for settlement authority to make an offer in the amount of $20.00.

Vote: 4 - 0 - Unanimously

 
J.
AI-42600
Claim of Mary Lou Gomez A/N/F of Alexandro Rodriguez
 

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 assign Josephine Ramirez's from the D.A.'s office to this case.

Vote: 4 - 0 - Unanimously

 
15.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
16.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
17.
 
Adjourn
 

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

There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 14th day of January, 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 January 14, 2014.

Signed this 14th day of January2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy