Skip to main content

AgendaQuick™

Minutes for CC - REGULAR

SPECIAL MEETING - November 18, 2014

BE IT REMEMBERED, that on this 18th day of November 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
November 18, 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.
 
5.
 
Open Forum

Virginia Townsend addressed the issue of the policy on nepotism. She stated she felt there was a violation during last weeks meeting and that it would expect them to do the ethical thing although it's not necessarily illegal.

Fern McClaugherty wanted to express her appreciation for all those who voted against the hospital district. She also wanted to address the rules of Open Forum and feels there was an error made at last weeks meeting.
 
6.
 
County Judge's Office:
 
A.
AI-47435
1.  Discussion, consideration, and action to amend the Hidalgo County Tax Increment Reinvestment Zone (TIRZ) Policy.

Bobby Villarreal, Judge's Office, presented some changes that legal counsel prepared to modify the TIRZ Policy. He stated the changes reflected on page 6, Items 3.a.i and 3.a.ii and page 7, Item 7.a.i.

     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

2.  Discussion, consideration, and action on a Resolution expressing the intent of Hidalgo County to participate in the proposed Tax Increment Reinvestment Zone Number One, City of McAllen, Texas (the “Zone”) at a participation of 77% of the M&O portion of the County’s tax rate, conditioned upon creation of the Zone and negotiation of an acceptable Interlocal Agreement between the City of McAllen and the County.

     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-47412
Recognition of Hidalgo County Health and Human Services Administrative Officer Eddie Olivarez for being awarded the 2014 Texas Preparedness Leadership Award from the Texas Department of State Health Services, Community Preparedness Section.

Mr. Olivarez was reconized for exceptionally meritorious achievements in local, regional, or state Public Health Emergency Preparedness and Healthcare Systems Preparedness Programs or for meritorious service in a disaster or public health emergency. Mr. Olivarez has been involved in healthcare for over 25 years focusing on public health priorities, program and policy development. He stated his efforts could only be possible for his team in the Health and Human Services Department and he thanked them for their hard work.  He was congratulated proudly by the Court and Audience.
 
C.
AI-47385
Appointment and/or Re-appointment of members to the South Texas Independent School District Board of Directors

Ms. Yolanda Chapa, Judge's Office, listed the persons named as members that have met all requirements to serve on the Board and are as follows: 

Mr. Javier Farias, resident of McAllen, currently serves on the Policy and Curriculum Committee
Mrs. Maria G. Leal, resident of Palmhurst, currently serves on the Finance Committee
Mrs. Berta Palacios, resident of San Juan, currently serves on the Policy and Curriculum Committee
Dr. Richard Fleming, resident of Mission, currently serves on the Building and Grounds Committee

     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 of the recommendations listed above.

     Vote: 5 - 0 - Unanimously
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 taken on Item 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, Prodigy Construction Management, gave a presentation on updates on the progress of the construction. He stated that there was a error on the first slide under Substantial Completion Date, it should state Final Completion Date. Mr. Jose Lopez, Prodigy, was also present to express that they have made much progress and listed areas that are nearly complete. Mr. Palacios explained that the time frame was extended due to many unforeseen circumstances, but stated that the completion date stated will remain on April 17, 2015.

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.
Attachments:
 
C.
AI-47410
1. Approval to accept settlement offer from Texas Farm Bureau Insurance Company in the amount of $11,279.75 to settle total loss auto accident claim with County vehicle. (Constable P1)

     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 to authorize Executive Officer Valde Guerra to sign Power of Attorney and any and all documents necessary to settle claim and facilitate the transfer of vehicle title to Texas Farm Bureau Insurance Company.
 
     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
 
D.
AI-47392
Approval to authorize Executive Officer Valde Guerra to sign Property Damage Release & Settlement Agreement form to settle total loss auto accident claim with Endeavor General Agency. (Constable P3)
 

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

 
8.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-47401
Approval of the following expense in accordance with Exiting Officials Expenditure Policy:

Vendor Amount Item Purpose of Expense
TDCAA $350.00 Registration Elected Prosecutor Conference
Rene Guerra $347.77 Mileage Reimbursement Travel from Edinburg to Austin and back.
Rene Guerra $479.55 Lodging Reimburse Mr. Rene Guerra for the use of his credit card for hotel expenses.
Rene Guerra $156.00 Meals Reimburse Mr. Rene Guerra for meals.
 

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:
 
B.
AI-47444
D.A. State Supplement (1281):
1. Approval to increase the hourly pay to slot T014 in the D.A. State Supplement from $9.19 to $15.00.

     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 revised salary schedule.

     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
 
9.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-47425
Notification that the County Clerk's Office will be closed due to repairs required after flood damage.
Office will be closed:
Friday, December 5, 2014 - All Day
Monday, December 8, 2014 - 7:30 am - 1:00 pm
Normal office hours will resume Monday, December 8, 2014 at 1:00 pm

Mr. Arturo Guajardo, County Clerk, and Mrs. Annette Muniz, Cheif Deputy, were present to express their concern over major damage that has overcome the County Clerk's Office.  The damage will going to need extensive repairs and wanted to Court to be aware of the closing of the office for the time stated. 

 
10.
 
Sheriff's Office:
 
A.
AI-47364
DOJ - USMS - U.S. Marshal (1284):
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshals Service for two (2) officers in the amount of $28,000.00.

     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. Requesting authorization to pay overtime reimbursable under the grant terms and conditions.

      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 Certification of Revenues as certified by the County Auditor for the DOJ-USMS funding.

     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 to appropriate funds in the amount of $28,000.00 for USMS overtime funding.

     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

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
B.
AI-47380
Approval to accept a donation from OXY USA, Inc. in the amount of $1,500.00.
 

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

Attachments:
 
11.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-47304
Requesting approval to appropriate $75.19 from the Do Well grant contract #2013-043641-001.  
 

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

 
B.
AI-47305
1.  Requesting approval of the Certification of Revenue by County Auditor in the amount of $128,043.85.  Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming reimbursement.

     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: 4 - 0 - Unanimously

2.  Requesting approval to appropriate the MAC budget in the amount of $128,043.85.    

     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
 
C.
AI-47357
Prenatal FY 14 (1293):
1. Requesting approval of the Certification of Revenues by the County Auditor in the amount of $224.42.  Funds are from the program income earned from the Title V - Prenatal Services FY 14 program.    

     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. Requesting approval to appropriate the program income in the amount of $224.42.  

     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
Attachments:
 
D.
 
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.
 
E.
 
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.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-47239
Canvassing of Election Results for the November 4, 2014 General Election as per Texas Election Code 67.004

At this time, Commissioner Hector "Tito" Palacios joined the meeting.

Mrs. Yvonne Ramon read the results for the November 4, 2014 General Election. 

     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
 
B.
AI-47240
Canvassing of Election Results for the November 4, 2014 Special Election to Elect a Sheriff and Constable (unexpired term) as per Texas Election Code Section 67.004

Mrs. Yvonne Ramon read the results for the November 4, 2014 Special Election.

     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.
AI-47241
Canvassing of Election Results for the November 4, 2014 Special Election for the Creation of a Countywide Hospital District in Hidalgo County as per Texas Election Code Section 67.004.
 

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:
 
D.
AI-47242
Canvassing of Election Results for the South Texas Independent School District's November 4, 2014 General Election as per Texas Election Code Section 271.011 and Texas Education Code Section 26.34
 

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

 
13.
 
Head Start Program - Teresa Flores:
 
A.
AI-47348
Approval to Enter into the Best and Final Negotiated Contract with Leonel Garza, Jr. & Associates in the Amount of $51,000.00 for Appraisal Services of the Head Start Facilities
 

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:
 
B.
AI-47347
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to the County's Surplus Department for Proper Disposition
 

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:
 
14.
 
Budget & Management - Sergio Cruz:
 
A.
AI-47339
1.  Presentation by Alamo Insurance Group, the County's health insurance consultant

Mr. Gary Looney stated that the County currently has a policy in place where an employee that meets the requirements for retirement with the County may continue their insurance until they reach the age of 65.  At that time, they are no longer eligible. What Mr. Looney presented was an amendment that would allow the retiree to continue the insurance plan (as a supplement) after the age of 65, but they are required to be under the Medicare Program, Parts A and B, as the primary health care insurance.  He stated that projected premium is $250.00 monthly for the current year and 2015. He indicated that the insured would have to make their payment on a timely basis, otherwise, they will be terminated and will not be eligible to reinstate. The retiree must elect to acquire the insurance within 30 days from the day they retire. The Court felt that December 1, 2014 would be an appropriate effective date. 

2.  Discussion, consideration and approval to amend the County’s retiree medical plan

     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
     Abstained: Commissioner Hector "Tito" Palacios

3.  Approval of Retiree medical plan premiums

     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
     Abstained: Commissioner Hector "Tito" Palacios
 
B.
AI-47398
WIC Department (1292):
Discussion, consideration, and approval to set the indirect cost allocation rate for the FY 15 WIC Grant Program, as follows: 

Effective Date Rate
October 01, 2014 to October 31, 2014 10%
November 01, 2014 to September 30, 2015 7.36%
 

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

 
C.
AI-47252
Discussion, consideration and approval to submit the Texas VINE Reimbursement Maintenance Invoice in the amount of $6,928.83 (First Qtr) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with authority for County Judge to sign the required documents.
 

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

 
D.
AI-47366
1.  Amend Hidalgo County Certificates of Obligation, Series 2006 Order.

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 “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 -Unanimously

2.  Amend Hidalgo County Limited Tax Refunding Bonds, Series 2014 Order.

     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.  Consideration and approval of order authorizing issuance, sale and delivery of Hidalgo County, Texas Certificates of Obligation, Series 2014; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County’s parks as authorized pursuant to Chapter 320, Local Government Code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto.

     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

4.  Consideration and approval of order authorizing issuance, sale and delivery of Hidalgo County, Texas Tax Notes, Series 2014; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law as authorized pursuant to Chapter 1431, Texas Government Code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the notes; and making other provisions regarding such notes and matters incident thereto.

     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

Commissioner Joseph Palacios stepped away from the meeting.
 
E.
AI-47416
Re-Entry Court Grant (1289)/DA's (1100)/Public Defender (1100):
1. Requesting approval to correct the recipient of supplemental pay allowance, previously approved by Commissioners Court on 10/14/2014 (refer to AI- 46800, item 13.A) as follows:

Department Employee No. Position Title Current Amount Correct Amount
 Crim. DA 
(080-002)
77917 Assistant District Attorney IV $9,752.00 -0-
Public Defender's Office
(085-003)
120227 Chief Public Defender -0- $ 9,844.00

     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 interdepartmental transfer(s).

     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
 
3. Approval of corrected salary schedule(s).

     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
 
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-47445
Acceptance and approval to execute a negotiated agreement (subject to legal review) with Hellmuth, Obata, & Kassabaum, LP (aka HOK), “Professional Architectural Consulting Services-Design & Construction of Court House & Judicial Buildings” of existing Schematic Designs for the construction of a new Hidalgo County Courthouse," (as approved for negotiations on CC 10/14/14 ).
 

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

 
2.
AI-47208
Presentation of bids received for the purpose of award and approval of contract document to the responsible vendor submitting the lowest and best bid and meeting all specifications and/or requirements as attached hereto for: Hidalgo County-Bio-Hazardous Waste Disposal Services RFB No. 2014-351-10-22-SMA. 
 

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 award and contract BIO OPS, LLC.

Vote: 3 - 0 - Unanimously

 
B.
 
County Clerk:
 
1.
AI-47441
A.  Request from County Clerk for exemption from HCCC approved Order for Major Purchases Deadline date of October 3, 2014 as budget line items were being reviewed and analyzed for funding of needed furniture;

     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.  Authority to purchase chairs (as detailed in supporting documentation) through Gateway Printing( TXMAS cooperative purchasing program awarded vendor) in the amount of $15,352.50 with written confirmation by Gateway Printing that items will be delivered prior to 12-31-14 with authority to process requisition and approve a Purchase Order.

    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
Attachments:
 
C.
 
Pct. 1
 
1.
AI-47404
Acceptance and approval of the final construction contract documents for the project: Hidalgo County Precinct No. 1 "Sioux Road Paving and Drainage Improvements (from Tower to Valverde Rd)" (CC award action on AI-47118, 10/28/14) to 2GS, LLC, in the total amount $740,819.60 (Contract# C-14-362-10-28).

     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 Joseph Palacios joined the meeting.
 
D.
 
Pct. 2
 
1.
AI-47422
Approval of correction to caption on AI#47272 approved on November 10, 2014, for the amount of Requisition#266657 to reflect $47,565.11 instead of $42,196.59 to include labor to install fencing at the Precinct 2 Equipment & Maintenance Facility. 
 

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

 
2.
AI-47423
A. Ratification of fully executed  of Change Order No. 2 to increase Twenty (20) Days in connection with the "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects;

    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. Ratification of fully executed of Change Order No. 3-R increase of $9,795.25 and Seventy-four (74) Days in connection with the "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects;
 
     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
 
C. Ratification of fully executed Authorization No. 3 (Construction Change Directive) in the amount of $87,774.28 (Allowances) in connection with the "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects.
 
     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.

     Vote: 4 - 0 -Unanimously
 
E.
 
Pct. 4
 
1.
AI-47432
A. Requesting approval of an (On Call) "professional engineering services" Agreement with DOS LOGISTICS, INC. for: "Road and Bridge, C.I.P. and Other Projects in General" 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: 4 - 0 -Unanimously

B. Requesting approval of an (On Call) "professional surveying services" agreement with DOS LAND SURVEYING for: "Surveying Services" for projects 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: 4 - 0 -Unanimously

C. Requesting approval of an (On Call) professional services agreement with HARVEY L. HEERSSEN d/b/a HLH APPRAISAL SERVICES for the purposes of "Review of Appraisal Services" for projects located within Hidalgo County Precinct No. 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
 
F.
 
HIDTA
 
1.
AI-47273
A.  Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024 (a)(7)(A); items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies;
 
   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.  Approval of a "Sole Source Declaration" for "CelleBrite-Universal Forensic Products" for the purchase of the upgraded version of the UFED System to the UFED Logical Touch Model (as current model obsolete and will no longer be supported) by CelleBrite; including any present, future accessories, licenses, maintenance and support services to be used by HIDTA Task Force and other related Hidalgo County Law Enforcement Agencies (all funding sources) with said declaration to remain in effect while declaration is in place or until revoked by HCCC;

    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
 
C. Approval for HIDTA Task Force to purchase the "UFED Logical Touch Model" through assigned requisition #266620 in the amount of $5,683.99 pursuant to the surplus processing by Hidalgo County's Fix Asset Division for the purposes of removing item from the asset inventory thus allowing HIDTA for trade-in credit as reflected in the proposed quote.

    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

Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
G.
 
WIC
 
1.
AI-46895
Presentation of responsible vendor submitting the lowest and best bid as detailed in tabulation sheet contained herein & meeting all specifications and/or requirements for the purpose of award and approval of contract (not exceed the statutory procurement threshold of $50K) for the Request for Sealed Quotes titled: Hidalgo County WIC Program -"Purchase of Medical Gloves" through project No.: 2014-304-09-05-SGS.
 

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 award and contract Emergency Medical Products, Inc.

Vote: 3 - 0 - Unanimously

 
H.
 
Facilities Management:
 
1.
AI-47371
Presentation of a request from the Edinburg Boys & Girls Club and pursuant to a Hidalgo County Commissioners Court "finding" under Texas Local Government Code, Chapter 263, Section 152 (4)(A)(B)(C), the disposition of two (2) "used" USA Flags (from Buildings & Grounds which by their condition) that can no longer be displayed on flag poles and comply with all sections of said chapter thus are hereby "donated".
 

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: 3 - 0 - Unanimously

Attachments:
 
I.
 
Budget & Management
 
1.
AI-47261
Approval for HC to exercise the 2nd (of 2 possible 1 year extensions) as provided in RFP No. 2010-195-09-22-YSI Property & Casualty Insurances with acceptance and approval of detailed schedule of premiums/fees as attached hereto as 2015 Coverage Summary for Property & Casualty Insurance policies in the total amount of $2,662,491.00 effective January 01, 2015 through January 01, 2016 with authority for County Treasurer to issue payment(s)/check(s) after review, audit and processing procedures completed by County Auditor with the authority for Valde Guerra, HC Executive Officer to sign any applicable documentation.

   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: 3 - 0 – Unanimously
 
2.
AI-47418
Approval for HC to exercise the first (1st) (of two (2) possible) one (1) year extensions as provided in RFP No. 2013-155-11-20-YSI Excess Workers Compensation Insurance with acceptance and approval of Premiums & Fee Schedule as submitted by and through Montalvo Insurance Agency as 2015 Coverage in the total amount of $188,143.00 effective January 01, 2015 through January 01, 2016 with authority for County Treasurer to issue payment(s)/check(s) after review, audit and processing procedures conducted by County Auditor with the authority for Valde Guerra, HC Executive Officer to sign any applicable documentation.
 

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: 3 - 0 - Unanimously

Attachments:
 
J.
 
Colonia Access Program Pct. 2
 
1.
AI-47362
A. Acceptance and approval to execute a Professional Engineer contract/agreement for the provision of general engineering services for Pct No. 2 for Border Colonia Round III with R. Gutierrez Engineering Corporation as authorized and approved for negotiations by CC on 10/28/14;

    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: 3 - 0 – Unanimously

B. Requesting approval of Work Authorization No. 1 for contract # C-CAP-14-400-10-28 with a proposed fee of $19,583.34 with R. Gutierrez Engineering Corporation to provide Plans, Specifications and Estimate and Construction Inspection for Round 3 BCAP Project to Hidalgo County Precinct No. 3 for Las Fuentes a Border Colonia Access Program Round III 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.

     Vote: 3 - 0 - Unanimously
 
K.
 
Co. Wide
 
1.
AI-47354
Presentation of bids received (detailed and attached herein) for the purpose of award and approval of contract document to the responsible vendor submitting the lowest and best bid plus meeting all specifications and/or requirements as attached hereto for: Hidalgo County (ALL FUNDING SOURCES) RFB No. 2014-323-11-05-MEG
 

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 approve and contract Kalifa's Western Wear, Inc.

Vote: 3 - 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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-47405
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
D.
AI-47395
Case No. 0913-S-T-026; Rene Montez v Sheriff's Office
 
E.
AI-47389
Leihliana Ruelas, Deyanira Ruelas v. Hidalgo County

NO ACTION taken on Items 16.A - 16.E.
 
17.
 
Open Session:

Commissioner Joseph Palacios was not present for 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-47406
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County

Proceed as directed.
 
D.
AI-47396
Case No. 0913-S-T-026; Rene Montez v Sheriff's Office

Proceed as directed.
 
E.
AI-47390
Leihliana Ruelas, Deyanira Ruelas v. Hidalgo County

NO ACTION taken on this Item.
 
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. 3, JOE M. FLORES, 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 18th day of November, 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 November 18, 2014.

Signed this 18th day of November 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy