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Minutes for CC - REGULAR

SPECIAL MEETING - July 29, 2014

BE IT REMEMBERED, that on this 29th day of July 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
July 29, 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.C and 11.F to be pulled for discussion.

The Court proceeded to Item 6.A.
 
5.
 
Open Forum

Opal Billman voiced her grievance related to her divorce case stating that she is being held in police enforced false imprisonment and that the Court recognized her community property could not be divided to her and her husbands rightful heirs. She requested a written statement from the Courts establishing her case be dismissed and her community property be released from the Courts possession.

The Court proceeded to Item 15.A.
 
6.
 
County Judge's Office:
 
A.
AI-45699
Resolution honoring Aurora G. Cavazos who celebrated 102 yrs. of life on Friday, July 18, 2014 
 

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

 
B.
AI-45588
Acknowledgement of receipt of the Texas Association of Municipal Information Officers Award of Excellence presented to Hidalgo County and Recognition of Public Affairs Department Multimedia Coordinator Jaclyn Trevino for her work on the award winning video titled "Working for You."
 

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

 
C.
AI-45698
Discussion, consideration, and approval of Memorandum of Understanding between Hidalgo County, City of Edinburg, City of McAllen, City of Mission, City of Pharr and The University of Texas System for Medical School.
 

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

 
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

Mr. Alex Palacios gave a brief update on the progress of the renovations.

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 2 and 3.
 
8.
 
Human Resources - Esther Cortez:
 
A.
AI-45636
Tax Office (1100):
1. Approval to delete two (2) regular full-time positions and create two (2) regular full-time positions as follows:

Action Slot# Dept/Program Position Title Current/Proposed 
Budgeted Salary
Delete 0022 140-001 Deputy Clerk II
(Auto Allowance)
$36,020.00
$  1,500.00
Delete 0057 140-001 Deputy Clerk I $27,213.00
Create 0158  140-001 Administrative Assistant III
(Auto Allowance)
$33,233.00
$  1,500.00
Create 0159 140-001 Deputy Clerk II $30,000.00

2. Approval of revised salary schedule.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on Items 1 and 2. 

     Vote: 5 - 0 - Unanimously
 
9.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-45514
Approval to select names for the 2014 Grievance Committee, pursuant to Texas Local Government Code Section 152.015.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS  , the Court made a UNANIMOUS vote of approval to select three public members to include: Sylvia Ibarra of Edinburg, Eduardo Jose Reygada of Mission, and Michael Alvarado of San Juan and to name six alternates to include Jackie Randall Jobe of Edinburg, Jaime Garbriel Villarreal of Edinburg, Luis Felipe Leon of Pharr, Berta Pastrana of McAllen, Maria Perales of San Juan, and Noel Arturo Zamora of Sullivan City.

Vote: 5 - 0 - Unanimously

 
10.
 
Sheriff's Office:
 
A.
AI-45702
Sheriff's Office 2012 Supplemental Operation Stonegarden Grant (1284):
1. Discussion, authorization, and approval to execute the Operation Stonegarden 2012 Supplemental Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management (Texas Department of Public Safety) between the County of Hidalgo and the Texas Parks and Wildlife Department (TPWD).

     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. Approval of Certification of Revenues by the County Auditor for the FY2012 Supplemental Operation Stonegarden Grant.

     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

3. Approval to appropriate the following state budgets for awarded amount pursuant to sub-recipient interlocal agreements with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management (Texas Department of Public Safety):
     

Sub-Recipient

Amount
1 Texas Parks and Wildlife Division (TPWD)   292,089.60
TOTAL    292,089.60

     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:
 
B.
AI-45657
Sheriff Office 2012 Operation Stonegarden Grant (1284):
1. Authorization and approval to accept additional monies under the FY2012 Operation Stonegarden Supplemental Grant.

     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

2. Approval of Certification of Revenues by the County Auditor for the FY2012 Operation Stonegarden Supplemental Grant . 

     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

3. Approval to appropriate the following budget for additional awarded amounts pursuant to additional monies moved to County of Hidalgo for the FY2012 Operation Stonegarden Supplemental Grant from the Governor's Division of Emergency Management (Texas Department of Public Safety):
  
 
Subrecepient
Amount
1 HCSO 12,921.60
TOTAL 12,921.60

     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:
 
C.
AI-45672
Authorization and approval of cell phone upgrade plan through the County's membership/authorization with Contract #DIR-SDD-1777 through Sprint.
Qty Plan Monthly Rate
81 Pooled GOV Nation 300 Included Anytime Minutes, Unlimited Data 50.00
     
  Estimated Monthly Rate for (81) Cell Phones $4,050.00
 
The Sheriff's Department requested a correction be made from a typo on the agenda item from the cell phone carrier from Sprint to be read as AT&T. 
 
 

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

 
11.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
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.
 
B.
 
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.
 
12.
 
Emergency Management - Oscar Montoya:
 
A.
AI-45678
1.  Requesting consideration and authorization for Hidalgo County Emergency Management to apply for the FY2015 State Homeland Security Program (SHSP) and Law Enforcement Terrorism Prevention Activities (LETPA) Grant from the State Administrative Agency.
2.  Requesting authorization for the County Judge to sign the FY 2015 Homeland Security Grant Program Application.

     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 1 and 2. 

     Vote: 5 - 0 - Unanimously
Attachments:
 
13.
 
Urban County - Diana Serna:
 
A.
AI-45518
 The Urban County Program is requesting the award of bids and approval of contracts with A-One Insulation for the demolition and reconstruction of the following:

 1.    (1) Unit in the City of Mercedes, (1) unit in the City of Weslaco and (1) unit in the Countywide area. Total contracts amount is $172,100.00 to A-One Insulation.

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

     Vote: 5 - 0 - Unanimously
 
B.
AI-45546
The Urban County Program on behalf of the City of Progreso is requesting approval and award of best and final negotiated contract with Javier Hinojosa Engineering/Consulting Engineers in the amount of $23,810.00 utilizing CDBG FY 25 (2012) Street Improvements project.
 

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

 
14.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-45510
Discussion and/or action, including but not limited to Elections updates.
 

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

Vote: 5 - 0 - Unanimously

 
B.
AI-45528
1. Discussion, consideration and approval of Early Voting Sites  for November 4, 2014 General Election;

     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 approval of Election Day Sites  for November 4, 2014 General Election.

     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:
 
15.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-45681
Presentation of Resolution by Representative Armando "Mando" Martinez in honor of Cruz Alaniz
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
B.
AI-45448
Authorization and approval of proposed name recommended by the LRGVDC 9-1-1:
Proposed Name: Miller Farm Service Road 

NO ACTION taken on this Item.
Attachments:
 
16.
 
Budget & Management - Sergio Cruz:
 
A.
AI-45711
Approval of the Business Associate Agreement with Brown and Brown Lone Star Insurance Services, Inc dba Alamo Insurance Group.
 

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:
 
B.
AI-45701
1.  Presentation and discussion on 2014 Capital Improvement Project requests.
2.  Discussion, consideration and approval designating the County Judge of the County of Hidalgo as authorized representative of the County of Hidalgo to give notice of intent to reimburse expenditures with proceeds of tax exempt obligations.

NO ACTION taken on Items 1 and 2.

At this time Commission Hector "Tito" Palacios stepped away from the meeting.
 
C.
AI-45694
Sanitation Program
1. Approval of Order creating a Solid Waste Disposal Program and assessment of a $25.00 fee for ninety (90) days for rural and unincorporated residents of Hidalgo County.

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

     Vote: 4 - 0 - Unanimously

Commissioner Hector “Tito” Palacios joined the meeting. 
 
2. Approval of the Countywide Solid Waste Citizen Collection Station Rules.

     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

 
D.
AI-45410
FY 2014 JAG Grant (1282):
1. Approval to accept the FY 14 Edward Byrne Memorial Justice Assistance Grant award (JAG) in the amount of $46,650.00.

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

     Vote: 5 - 0 - Unanimously

2. Approval of Certification of Revenues by the County Auditor for the FY 14 Edward Byrne Memorial Justice Assistance Grant award (JAG).

     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

3. Approval of 2014 appropriation of funds for the FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $46,650.00 (1282).

     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

4. Approval of Salary Schedule.

     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
 
E.
 
Budget Appropriations:
 
1.
AI-45618
Pct. 3 R&B (1200):
Approval of 2014 appropriation of funds from the R&B unreserved fund balance for Pct. 3 Rd. Maint (fund 1200, program 005) in the amount of $18,284.31 to fund various operating expenditures.
 

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

Attachments:
 
17.
 
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-45542
A. Requesting approval to declare the items listed in Exhibit "A" (office furniture, equipment and vehicles) attached herein as surplus for the purpose of sale through auction (scheduled for 08-14-2014) in accordance with Texas Local Government Code 263.152 (a)(1); AND, in the event "NO BIDS" received;

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

     Vote: 5 - 0 - Unanimously

This Item was further discussed during open session due to a correction of the auction date. Commissioner Joseph Palacios was not present for the vote. 

     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 RESCIND the previous action. 

     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 of acknowledgement of correction on date to reflect 08/13/14.  
     
     Vote: 4 - 0 - Unanimously

B. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subsection (1) at auction on 08-14-2014 resulted in no bids were received;

     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

C. Requesting authority to publish advertisement for the auction of surplus equipment and vehicles scheduled for 08-13-2014, including but not limited to Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.

     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:
 
2.
AI-45684
Requesting ratification of renewal of independent audit services with Burton McCumber & Cortez, LLP for fiscal year 2013 (as option provided under current agreement) and approve the 2014 fiscal year audit (as also permitted under current agreement) under the same rates, terms, and conditions identified with contract #C-11-160-02-14.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
B.
 
Executive Officer
 
1.
AI-45652
Discussion and applicable action of the following items for Hidalgo County Commissioners Court in connection with Delinquent Tax Collection Services:

A. Exercise HC's option to issue and send the thirty (30) days Notice of Non-renewal (pursuant to current agreement-Section 6) for the current contract with Perdue, Brandon, Fielder, Collins & Mott LLP in Association with the Law Offices of John David Franz (hereinafter called the "Law Firm") for the Collection of Delinquent Taxes for Hidalgo County (thus expiring on 12-31-14);  or, if opted by HCCC;

B. Authority to publish a Request for Proposals w/Qualifications to: Engage a Law Firm to provide Delinquent Tax Collection Services for Hidalgo County effective 01-01-15 with procurement packet to be brought to HCCC for approval at the next HCCC meeting of 08-12-14; or, in the alternative and opted by HCCC,

     On motion by COMMISSIONER PCT. , seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items A and B and restating the caption to read Notice of Non-renewal, not thirty (30) days Notice of Non-renewal.

     Vote: 5 - 0 - Unanimously

C. Requesting exemption from competitive bidding requirements, under Texas Local Government Code, Chapter 262, Section .024(a)(4): a professional service;

D. Engage the firm of  __________________________________ for the Collection of Delinquent Taxes for Hidalgo County with an initial term of _______ year(s) and/or __________ year(s) options to extend/renew (and to include a rate/fee of ______% with all other terms and conditions applicable with final review and approval as to form by legal counsel) with an effective date of 01-01-15.

NO ACTION on Items C and D.
 
C.
 
Pct. 1
 
1.
AI-45580
 A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a) (4) a professional engineering services.

     On motion by COMMISSIONER PCT. 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. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional engineering services for Pct No.1 “ON CALL SERVICES”. 
 
Total Scores Le Fevere Engineering  Javier Hinojosa Perez Consulting 
Scores 85 74 80
Ranking   1  3  2

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

     Vote: 5 - 0 - Unanimously

C. Authority for the Purchasing Department to negotiate a professional contract with the No. 1 ranked firm LE FEVERE ENGINEERING for engineering services for Pct No.1 “ON CALL SERVICES”. 

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
Attachments:
 
D.
 
Pct. 2
 
1.
AI-45710
Requesting acceptance and approval of Work Authorization No. 9 (with an estimated cost of $3,060.15) as submitted by Raba Kistner, Inc., Contract# C-13-351-01-21, for Construction Material Testing services for the Pct 2 Moonlight Ave. (1524 ft W of "I" Rd to "I" Rd) Paving Improvement Project.
 

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

Vote: 5 - 0 - Unanimously

 
2.
AI-45675
Approval of the following invoices listed for previously approved purchase orders for operating expenditures exceeding $7,500:

Invoice No. Vendor Amount
B403546-IN Arguindegui Oil CO II LTD $  8,056.49
 
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
3.
AI-45712
Approval of the following requisitions listed for operating expenditures exceeding $7,500:
Program  Requisition No. Vendor  Amount Item 
Pct 2 Moonlight Ave Project 260913 Frontera Materials, Inc. $32,132.00  Asphalt for Paving Project 
Pct 2 Owassa Rd Project 260912 Frontera Materials, Inc.  $32,248.00 Asphalt for Paving Project.
 

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:
 
E.
 
Pct. 4
 
1.
AI-45513
A. Requesting approval of an "order" granting an exemption from competitive bidding requirements under Texas Local Gov't. Code, Chapter 262, Section .024 (a)(7) "an item that can only be obtained from only one source.";

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

     Vote: 5 - 0 - Unanimously

B. Approval of a "Sole Source Declaration" for AEP Texas Central Company (on an as needed basis) for the provision of installation and removal of primary poles, lights, equipment, transformer  upgrades and other related services through execution of a  "Contribution-In-Aid-of-Construction Agreement" with AEP Texas Central Company commencing with Precinct #4 for the  site detailed/described in document attached (and issuance of Purchase Order-if necessary & applicable) including authority for County Treasurer to issue check after review and processing procedures are completed by County Auditor;

     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

C. Approval for Hidalgo County Departments, Programs and/or Agencies to purchase future related services offered only from AEP Texas Central Company and as sole sourced herein and execution of the Contribution-In-Aid-of-Construction Agreements on an as needed basis.

     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.
AI-45624
Correction to AI-29577 (approved CC 11/22/11) to replace sub-consultant, Pursuant to Article 14 of the current agreement-C-11-234-09-13 & WA#1 with L&G Engineering,  reflecting the change from Leonel Garza, Jr. & Associates to  acceptance and approval to engage the services of Professional Appraisal Services, Inc. 
 

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

Vote: 5 - 0 - Unanimously

 
3.
AI-45685
Accept and approve final negotiated "professional appraisal services" agreement with George Jaime Salazar, II d/b/a APPRAISAL HAUS for "Job Specific" Project: Appraisal Services for the "Sale of Properties" within Precinct 4, as approved for negotiations by CC on 06-17-14.

     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, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
4.
AI-45305
Acceptance and approval of the AIA Document A101 form of Agreement between Hidalgo County (Owner) and JCon Construction, LLC awarded contractor in the amount of $1,350,000.00 for Project: Hidalgo County Precinct No. 4 Construction of the Linn - San Manuel Emergency Services Facility (Contract No. C-14-067-06-03);

     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
 
F.
 
Sheriff's Office
 
1.
AI-45603
Requesting approval of Supplemental Agreement No. 2 to the current agreement (C-13-133-07-09), with Chanin Engineering for the "Adult Detention Center and Law Enforcement Facility Repairs" to reflect an extension of time.
 

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

 
2.
AI-45696
A.  Discussion and action (as requested by S/O) to nominate at least three (3) firms from HC's current approved "Pool"of "Construction Management Services Providers" for Construction Management Services for the"Law Enforcement/Adult Detention Facilities Roof & Related Repairs Project," overseen by project engineer, Chanin Engineering:

1.  PRODIGY CONSTRUCTION MANAGEMENT, LLC.

2. IZAGUIRRE ENGINEERING GROUP, LLC.

3. BRAODDUS & ASSOCIATES INC.

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

     Vote: 4 - 0 - Unanimously
 
B. Selection/designation/assignment of evaluation committee to score, grade and evaluate the firms nominated so as to have CC rank and proceed with negotiation process for final contract for: Construction Services for the "Law Enforcement/Adult Detention Facilities Roof & Related Repairs Project":

1. MARCOS LOPEZ - PCT. 4               

2. RAUL LOZANO - PCT. 1                  

3. YOLANDA CHAPA - JUDGES OFFICE  

4. MINGO VILLARREAL - PCT. 3          

5. RAUL SILGUERO - PCT. 2                

     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
 
G.
 
WIC
 
1.
AI-45695
Presentation for acceptance and approval of "Second Amendment" to the current lease agreement with JULCAR, LLC,  for the "Lease of Office Space in McAllen, Texas," to reflect increase of the square footage in the Leased premises to 4,625 sq. ft. (with all added space at no charge to HC-WIC Program).

     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

At this time, Commissioner Hector "Tito" Palacios joined the meeting.
 
18.
 
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. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-45644
Claim of GEICO Direct Insurance Company
 
D.
AI-45666
Claim of Clemente Alfaro
 
E.
AI-45668
Claim of Gabriela Ventura

NO ACTION on Items 18.A - 18.E.
 
19.
 
Open Session:

The Court proceeded to Item 17.A.1.
 
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-45645
Claim of GEICO Direct Insurance Company
 

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 settlement authority in the amount of $2,093.04.

Vote: 4 - 0 - Unanimously

 
D.
AI-45667
Claim of Clemente Alfaro
 

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 settlement authority in the amount of $75.00.

Vote: 4 - 0 - Unanimously

 
E.
AI-45669
Claim of Gabriela Ventura
 

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 settlement authority in the amount of $4,469.86. to be payable to Almaraz Law Firm.

Vote: 4 - 0

 
20.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
21.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
22.
 
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.

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 29th day of July, 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 July 29, 2014.

Signed this 29th day of July 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy