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Minutes for CC - REGULAR

SPECIAL MEETING - September 15, 2014

BE IT REMEMBERED, that on this 15th day of September 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
September 15, 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 M. 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.
 
5.
 
Open Forum

Jim Barnes stated he supports the idea of purchasing bullet proof vests for the Constables whom do not wear or have the availability of such protective gear.

Fern McClaugherty questioned an item on the Consent Agenda and expressed her concern over the purchasing of property by the County. She stated that some current County buildings should be repaired instead of spending on new properties.

Valde Guerra, Executive Officer, informed the Court and Audience on the constant communication between all the County Departments in regards to the excess rainfall over the weekend and stated that all issues were addressed.
 
6.
 
Executive Officer - Valde Guerra:
 
A.
 
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

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

NO ACTION taken on Items 1 and 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
NO ACTION on Items 1, 2, and 3.
 
C.
AI-46455
Approval to accept Reimbursement check from Travelers Insurance Company in the amount of $2,835.77 in connection with the claim of Mario Herrera.
 

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-46412
Right of Way:
North Alamo Water Supply Corporation: * Juan Barbosa
Approval of pipeline permit to open cut approximately 12 feet to connect a 4" service connection to existing 6" sewer line. (Pct. 4)
 

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

 
7.
 
Sheriff's Office:
 
A.
AI-46443
Pursuant to Hidalgo County Cellular Telephone Policy (AT&T, DIR-SDD-1777), presentation for consideration, acceptance and approval of Cellular Phone Request Form (Data Link Card Request) for the following:

Approval for requisition #262916 for 15 Data Link Hosted Access for vehicle modems ($37.99 each per month).
 

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:
 
8.
 
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.
 
9.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-46417
Appointment of member to the Hidalgo County Housing Authority Board.
 

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 appoint Oscar Castaneda.

Vote: 4 - 0 - Unanimously

 
10.
 
Budget & Management - Sergio Cruz:
 
A.
AI-46485
Approval to submit IRS Form 2848 designating Sergio Cruz, County Budget Officer as Hidalgo County authorized representative with authorization for County Judge to sign the required document.

Mr. Cruz stated there is a correction to the Form number.  The caption should read IRS Form 8821, not 2848.
 

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

Vote: 4 - 0 - Unanimously

 
11.
 
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-46475
A. Recommendation by project engineer Raul Sesin, P.E., Hidalgo County Planning Dept., to award the lowest base bid to vendor meeting all specification for project -Hidalgo County Precinct No. 2 -"Roadrunner Subdivision Paving and Drainage Improvements"-RFB No. 2014-285-07-30-MSS." to Texas Cordia Construction, LLC, in the total amount of $405,928.00.

     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 TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee (historically Raul Sesin unless otherwise voice by Comm.) to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

Mr. Oscar Garza, Purchasing Department, mentioned that there was a typo on the caption stating it should read Raul Silguero, not Raul Sesin.

     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
 
2.
AI-46425
Requesting authority to advertise with approval of RFB plans and specifications developed by project engineer, Raul Sesin, P.E., Hidalgo County Planning Department for:  Hidalgo County Precinct No. 2 -"Equipment & Maintenance Facility On-Site Civil Improvements Concrete Work"-RFB No. 2014-353-10-15-MSS.
 

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

 
B.
 
WIC
 
1.
AI-46468
Requesting approval  to complete and execute a Standard Letter of Authorization for the Request of Historical Usage Information to release energy usage data, including kWh, kVA or KW, and interval data (if applicable) at the 2891 E. Grant St, Roma, Texas (lease building for WIC Program) to Reliant Energy Texas Retail (Hidalgo County's current awarded provider) for a period of no more than 12 month.

NO ACTION taken on this Item.
 
12.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-46453
Claim of AT&T
 
D.
AI-46456
Hidalgo County v. Raul Rodriguez, Jr. and Yesenia Sias
 
E.
AI-46461
Hidalgo County v. Luis A. Prieto Garza and Endeavor General Agency
 
F.
AI-46463
Hidalgo County v. Pedro Luis Lugo-Garcia

NO ACTION taken on Items 12.A - 12.F.
 
13.
 
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-46454
Claim of AT&T
 

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 settlement authority in the amount of $1,369.79.

Vote: 4 - 0 - Unanimously

 
D.
AI-46457
Hidalgo County v. Raul Rodriguez, Jr. and Yesenia Sias
 

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 to assign Josephine Ramirez to subrogate on behalf of Hidalgo County.

Vote: 4 - 0 - Unanimously

 
E.
AI-46462
Hidalgo County v. Luis A. Prieto Garza and Endeavor General Agency
 

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 to subrograte and to file suit, if necessary.

Vote: 4 - 0 - Unanimously

 
F.
AI-46464
Hidalgo County v. Pedro Luis Lugo-Garcia
 

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 to assign Josphine Ramirez's office to subrogate and file suit, if necessary.

Vote: 4 - 0 - Unanimously

 
14.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
15.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
16.
 
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 15th day of September, 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 SEPTEMBER 15, 2014.

Signed this 15th day of SEPTEMBER 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy