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Minutes for CC REGULAR

SPECIAL MEETING - SEPTEMBER 11, 2012

BE IT REMEMBERED, that on this 11th day of September A.D., 2012, 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 JOEL QUINTANILLA

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-OFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
SPECIAL MEETING
BOARD OF DIRECTORS
September 11, 2012
9:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING 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:


The following items are of a routine or administrative nature. The Commissioners' Court has been furnished with background and support on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Board Member, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote.

 
1.
Roll Call
All memmbers of the Court were counted present, with the exception of Commissioner Quintnailla. Commissioner Quintanilla joined the meeting shortly after commencement of the meeting.
 
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.
-Judge Garcia led the Court in a Moment of Silence in honor of Army Warrant Officer, Jose Luis Montenegro.
-The Court paid tribute to Officer Montenegro and others who lost their lives during 9-11.
 
4.
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
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 5.A.1 & 2.
 
B.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
a) Renovations to Former Administration Building 1st and 2nd Floors
b) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
c) Emergency situations occurring since last agenda meeting
 
C.
34100   1.  Requesting exemption from competitive requirements under Texas Local Government Code Section 262.024 (A)(6) any land;
2.  Approval of Lease between Rolando Cantu and wife, Laura E. Cantu and the County of Hidalgo
 
D.
33786   Health & Human Services:
Approval for travel for employee # 137782 and #058726 to attend  the Texas Indigent Health Care Association (TIHCA) Conference October 2-4, 2012, Austin, Texas.
 
E.
33925   Health & Human Services Dept. - Environmental Division (1100):
Requesting permission / approval of travel request for Elizardo Ramos, Ruben Hernandez & Jose Gonzalez to attend the Texas Environmental Health Association's 57th Annual Educational Conference to be held on October 9-12, 2012 in Austin, Texas. 
 

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

 
F.
34072   Veterans Services:
Requesting permission for Francisco R. Garza travel to Dallas, Texas to attend the Texas Veterans Commission (TVC) 65th Annual Statewide Training Conference on September 17-21, 2012 (no county expense -TVC will cover all expenses) 
 

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

 
G.
33900   
Fire Marshal's Office:
Requesting permission to allow Juan Martinez, Fire Marshal, Javier Garcia, Deputy Fire Marshal and Rolando Casas, Deputy Fire Marshal to attend the 14th Annual Texas Fire Marshals' Conference in Austin, TX, October 14-19, 2012.
 

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

 
6.
Constables:
 
A.
33884   Constable Pct # 3 (1284):
1. Approval to accept the Local Border Security Program, FY 2012 (LBSP-12) Grant award in the amount of $40,000.00 from the Texas Ranger Division, Texas DPS for the period of July 06, 2012 to January 31, 2013.
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

2. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security
Program, FY 2012 (LBSP-12)
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

3. Approval to appropriate funds from the Local Border Security Program, FY 2012 (LBSP-12) grant award in the amount of $40,000.00.

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

4. Approval to submit Resolution for the Local Border Security Program, FY 2012 (LBSP-12) Grant to the Texas Ranger Division, Texas DPS as required by the grant.
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.
33920   Constable Pct # 4 (1284):
1. Approval to accept the Local Border Security Program, FY 2012 (LBSP-12) Grant award in the amount of $40,000.00 from the Texas Ranger Division, Texas DPS for the period of July 06, 2012 to January 31, 2013.
2. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program, FY 2012 (LBSP-12)
3. Approval to appropriate funds from the Local Border Security Program, FY 2012 (LBSP-12) grant award in the amount of $40,000.00.
4. Approval to submit Resolution for the Local Border Security Program, FY 2012 (LBSP-12) Grant to the Texas Ranger Division, Texas DPS as required by the grant.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. #3 JOE M. FLORES the Court made a UNANIMOUS vote to approve items 6.B.1-4.

Vote: 4 - 0 - Unanimously

 
7.
County Judge's Office:
 
A.
34114   Recognition of John Carlos Trevino for receiving a 2012 Excellence in My Market Award (EMMA) by the National Academy of Television Arts and Sciences for “Operation: Clean Slate” PSA
NO ACTION taken on this item.
 
B.
34123   Discussion, consideration, and possible action regarding audit report submitted by the Emergency Services District No. 3 for year ended 12/31/11
 

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

 
8.
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
33987   
Discussion, consideration and approval of Texas Official Bond and Oath in the amount of $500,000.00 for the County Treasurer’s Chief Deputy, Fred Zamarripa as recommended by the County Auditor as set forth under Local Government Code, Section 83.009.
 

On motion by COMMISSIONER, PCT. #2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. #3 JOE M. FLORES 

the Court made a UNANIMOUS vote to approve the Bond for Chief Deputy, Fred Zamarripa, subject to the filing of the apointment with the County Clerk's Office.

Vote: 4 - 0 - Unanimously

 
B.
34008   Discussion, consideration and approval of Crime Policy Surety Bond in the amount of 50,000.00 for the Hidalgo County Treasurer's Office as recommended by the County Auditor as set forth under Local Government Code, Section 83.008.
 

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

 
9.
Sheriff's Office:
 
A.
33913   Authorization and approval of cell phone upgrade plans through the County's membership/
participation with Contract #DIR-SDD-1780 through Sprint.

 Qty.                           Plan                                                         Monthly Rate
 -----                           -----                                                          ----------------
    7   Business Advantage Unlimited Messaging & Data 450         $53.19
    5   Business Advantage Unlimited Messaging & Data 200         $37.99
  55   Business Advantage Unlimited Messaging & Data 300         $37.99
  67   Premium Data Charge                                                          $10.00


Total Cell Phones:  67
Estimated Monthly Rate:  $3,321.73
 

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

 
10.
Health & Human Services Department - Eddie Olivarez
 
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
Presentation by Eddie Olivarez on the 1115 Waiver and Regional Health Plan. Judge Garcia then informed Mr. Olivarez that the Court is planning on reducing the Indigent Health Care contribution amount.
 
B.
33911   Prenatal Services (1293):
1.  Requesting authorization to accept the Department of State Health Services grant contract #2013-042404 in the amount of $165,909.00 for the period of 09/01/12 to 08/31/13. 
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 authorization for County Judge to sign the Certification Regarding Lobbying.
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

3.  Requesting authorization for County Judge to sign the Disclosure of Ownership and Control Interest Statement.
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

4.  Requesting approval of the Certification of Revenue in the amount of $165,909.00.
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

5.  Requesting approval of the Prenatal FY 13 budget appropriation in the amount of $165,909.00. 
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

6.  Requesting approval to delete and create the following full-time position(s); 

Action Slot # Position Title Grade
Delete 0002 Clerk III 5
Create 0004 Clerk II 3

7.  Approval of salary schedule.
NO ACTION taken on items 10.B.6 & 7.
 
C.
33922   Child Health Services Grant (1293):
1.  Requesting authorization to accept the Department of State Health Services grant contract #2013-042399 in the amount of $34,833.00 for the period of 09/01/12 to 08/31/13. 
2.  Requesting authorization for County Judge to sign the Disclosure of Ownership and Control Interest Statement.
3.  Requesting approval of the Certification of Revenues, as certified by the County Auditor.
4.  Requesting approval of the Child Health budget appropriation in the amount of $34,833.00.
5.  Requesting approval of the following personnel actions: 

Action Slot # Position Title Grade
Delete G001 Clerk III 5
Create G002 Clerk II 3

6.   Approval of salary schedule.
 

On motion by COMMISSIONER, PCT. #2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. #3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 10.C.1-4.

NO ACTION taken on items 10.C.5 & 6.

Vote: 4 - 0 - Unanimously

 
D.
33957   Health & Human Services Dept. - Environmental Division (1100)
1.  Requesting authorization to submit application for permit to import biological agents or vectors of human disease into the United States.
 

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

 
11.
Emergency Management - Oscar Montoya:
 
A.
33995   Discussion, consideration and Approval of Memorandum of Understanding between the Texas Forest Service, Regional Incident Management Team Member and the County of Hidalgo with the authority of the Emergency Management Director to execute documents for the following County employees:

Rolando Benavdies-Hidalgo County Emergency Management
Juan Martinez-Fire Marshal’s Office
Carlos Moreno-Right of Way
Joel Rivera-PCT 4 Constable’s Office
Karina Cardoza-Public Affairs Division
Michelle Villareal-Public Affairs Division
Horaldo Sanchez-PCT 3 Constable’s Office
Eddie Olivarez-Health and Human Services
Lorenzo Ortiz-Safety Division
Armando Guzman-Safety Division
Rolando Casas-Fire Marshal’s Office
Tommy Ureste-Fire Marshal’s Office

Texas Forest Service will reimburse the County of Hidalgo for all wages, backfilling, travel expenses, personal costs, materials, equipment and supplies associated with the Member’s participation in a deployment.

NO ACTION taken on all items listed under item 11.A.
 
12.
Facilities Management:
 
A.
33896   Facilities Mgmt.:
Approval of credit application with Ferguson Company to open new account for Plumbing/HVAC.
 

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

 
13.
IT Department - Renan Ramirez
 
A.
33943   Elections Dept.:

Authorization and approval of current service plan through the County's membership/participation with CONTRACT: DIR-SDD-1779 with awarded vendor VERIZON WIRELESS for the following:

Description: Employee Name: Service Plan: Months: MDN:
85 Netbooks Office Use BroadBand Access plan @ $37.99/per laptop Sept.-Dec. 2012 see attachment
4 Cell Phones Office Use State of Texas DC Share 500 plan @ $34.99/per line Sept.-Dec. 2012 see attachment
 

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

 
14.
Urban County - Diana Serna:
 
A.
33904   1. Urban County Program, on behalf of the City of Alton, is requesting authority to purchase fire protection equipment through Hidalgo County’s membership and participation with Buy Board (Texas Association of School Boards) approved vendor Casco Industries, Inc. (contract # 363-10) in the amount of $18,802.08 (quote attached hereto). City of Alton UCP Year 24 (2011) Fire Station/Equipment funds will be utilized.
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

2. Urban County Program, on behalf of the City of Alton, is requesting authority to purchase radios to be used by the Alton Fire Department through Hidalgo County’s membership and participation with HGAC (Houston-Galveston Area Council) approved vendor Motorola (contract # RA05-12) in the amount of $9,779.80 (quote attached hereto). City of Alton UCP Year 24 (2011) Fire Station/Equipment funds will be utilized.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
 
B.
33936   
1.  Hold a Public Hearing to consider public comments for Urban County Program's (UCP) substantial amendment to its HOME Program's Annual Allocation for Fiscal Year 25 (2012). The proposed amendment will decrease the HOME Programs Fiscal Year 25 (2012) by $367,858. The reduction is due to the U.S. Department of Housing and Urban Development (HUD) approving the County's request for a waiver. The following reflects what was requested and the actual allocation:
Requested HOME Allocation Amount Actual HOME Allocation Amount
Administration $180,215 Administration $143,429
Rehab Program   971,936 Rehab Program   640,864
Homebuyer Program     50,000 Homebuyer Program     50,000
CHDO Program   600,000 CHDO Program   600,000
       
Total $1,802,151 Total $1,434,293
   
Judge Garcia Opened the Public Hearing.
There being No one come forward, Judge Garcia then Closed the Public Hearing. 
  
2.  Requesting approval of a budget and program substantial amendment for Urban County Program's HOME program   Fiscal Year 25 (2012) Annual Allocation. The proposed amendment will decrease annual allocation by $367,858.
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
 
Commissioner Flores stepped away.
 
 
C.
34059   Discussion and consideration authorizing Urban County Program to issue payment to Texas Department of Transportation in the amount of $372,805.69 for the relocation and adjustment of waterlines and sanitary sewer lines and associated appurtenances along FM88 from SH 107, South to 0.25 Miles N of Mile 16 N, as well as from SH 107, Elsa, TX. The Urban County Program will leverage approximately $2,535,073.40 of Texas Department of Transportation funds.
 

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

Vote: 3 - 0 - Unanimously

 
15.
Elections Administration - Yvonne Ramon:
 
A.
Discussion and/or action, including but not limited to Elections updates
Ms. Ramon advised the Court that there will be 15 Elections on the Ballot with the Elections Department and one independent for the November 06, 2012 Elections.
 
B.
33941   Approval of Full Contract for Election Services between Hidalgo County and the Edcouch-Elsa Independent School District for their election to be held on November 6, 2012.
 

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

Vote: 3 - 0

 
C.
33949   Approval of Full Contract for Election Services between Hidalgo County and the Donna Independent School District for their election to be held on November 6, 2012.
 

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

Vote: 3 - 0 - Unanimously

 
D.
33951   Discussion, consideration and/or action of November 6, 2012 General Election Early Voting poll locations.
 

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

Vote: 3 - 0 - Unanimously

 
E.
33954   Discussion, consideration and/or action of November 6, 2012 General Election Early Voting mobile poll locations.
NO ACTION taken on this item.
 
F.
33953   Discussion, consideration and/or action of November 6, 2012 General Election Day poll locations.
 

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

Vote: 3 - 0 - Unanimously

 
16.
Right of Way - Joe Pena:
 
A.
34054   Consideration of the use of Eminent Domain to condemn property on the following Parcels for the FM 681/ FM 2221 Road Project (TXDOT CSJ # 0669-01-052). Parcels #1, 28B and 28C. (Pct.3)
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. #2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve Hidalgo County authorize use of power of Eminent Domain to acquire parcels #1, 28B & 28C for the expansion of FM 681, FM2221 Road Project TxDot CSJ #0669-01-052, as more particularly described in the attached Exhibits A & B in the Agenda Packet and the record vote shall apply to all parcels identified in this motion to be condemed and the Minutes of Hidalgo County shall reflect that the Record vote on this motion shall apply to all parcels.

The vote was carried as follows:
AYE:Commissioner Joseph Palacios, Commissioner Hector Palacios, Judge Garcia
NAY:None
ABSTAIN/ABSENT: Commissioner Quintanilla and Commissioner Flores

Vote: 3 - 0 - Unanimously

 
B.
34064   Authorization for the Right of Way Director to execute Right of Entries to the Hidalgo County RMA.  Legal Description is West Addition to Sharyland N3.61 Acre, Lot 5-10 for Military Hwy and 1.69 Acre R/O/W- E16.25 Acre Lot 5-9 1.69AC.
 

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

Vote: 3 - 0 - Unanimously

 
17.
Precinct #2 - Comm. H. Palacios:
 
A.
34035   Requesting approval of the following claim/invoice with authorization for County Treasurer to issue payment/check after review, audit and processing procedures are completed by County Auditor:

Hidalgo County Clerk Invoice #820065 in the amount of $24.00 (for recording fees)
 

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

Vote: 3 - 0 - Unanimously

 
B.
34086   1. Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between Hidalgo County and City of Pharr for the Minnesota Road Project.
NO ACTION taken on this item.

2. Acceptance and approval of the Interlocal Cooperation Agreement Project: provision of the "Undertaking a road improvement project generally described as the Minnesota Road Project from I Road West to Huisache Avenue" pursuant to the approval of the Interlocal Agreement as stated above.
NO ACTION taken on this item.
 
18.
Budget & Management - Sergio Cruz:
 
A.
34126   Discussion and presentation on proposed salaries of elected officials by Sergio Cruz, Budget Officer.
Commissioner Flores joined the meeting.

Sergio Cruz discussed the proposed COLA increase, possible equalization of JP's and Constables, etc.
Commissioner Hector Palacios stepped away.
 
B.
34122   Discussion, consideration, and approval to authorize Urban County to utilize County funds, Special Revenue Bank Account, as interim funding for payment of expenditures as specified in the Texas General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068.
 

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: 3 - 0 - Unanimously

 
C.
Budget Appropriations:
 
1.
34078   JAIGB (1286) / Co Wide Adm (1100):
Approval to deobligate cash match funds from the JAIGB "Early Intervention Counseling Program" Grant for FY 2013 (Fund 1286, program 005) and appropriate into Countywide Administration-Contingency (Fund 1100) in the amount of $1,065.22.
 

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: 3 - 0 - Unanimously

 
2.
34118   Notes Payable (1401):
Approval of 2012 appropriation of funds into Notes Payable in the amount of $3,916.42.
 

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: 3 - 0 - Unanimously

 
19.
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.
Presentation for acceptance and approval of Current inter-local(s) and/or contract(s) for the "Housing of Inmates"
 
2.
Presentation for discussion, consideration and action
Including, but not limited to, the following items in connection with New Adult Detention Center:
a) Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
b) Construction of additional pod(s)
c) Selection and engagement of an architect for the construction of additional pods

NO ACTION taken on items 19.A.1 & 2.a, b & c.
 
3.
34121   
Acceptance and approval of CORRECTED Work Authorization No. 1 (with estimated cost proposal of $ 55,625.00 ) as submitted by Halff Associates, Inc. for Project: (Installation Infrastructure Engineering, Drawings and Specifications for the Addition of Annex Structures/Three (3) Modular Buildings to the existing Hidalgo County Courthouse), in connection to the "on-call" agreement #C-11-291-01-24 for the purposes of: "Building Repairs/Renovation, Alterations and/or Additions to County Owned Buildings within Hidalgo County Precinct No. 4” and as (approved by CC on 09/04/12, AI-33976)
 

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: 3 - 0 - Unanimously

 
4.
33946   
Approval to re-state agreement between Lexis Nexis and Hidalgo County Public Defender's Office to incorporate additional access at no additional cost.
 

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

 
5.
33962   
A.  Acceptance and approval to award proposal including terms and conditions agreement received from Weatherproofing Technologies, Inc. in the amount of $91,882.94 (through Hidalgo County's membership/participation with TCPN Contract #4812) for the provision of labor, to include materials but not limited to any appurtenances, for proposed Roof Repair Services for the Hidalgo County - Former Administration Building located at 100 East Cano, Edinburg, Texas (project #2012-029A).

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.  Acceptance and approval to enter into a 5 year Tremcare Service Agreement for Tremco Roofs with  Weatherproofing Technolies, Inc. in the amount of $9,500.45 (already included on item a. proposal) for Hidalgo County Former Administration Building.

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
 
6.
33932   Requesting approval to reject all responses received for the request for proposals: "Placement, Housing and Supervision of Hidalgo County Inmates" for Sheriffs Department" as requested by user department.
 

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.
Pct. 1
 
1.
34053   
Acceptance and approval of request by Precinct One for Supplemental No. 2-Work Authorization #1 as submitted by TEDSI Infrastructure Group, Inc. through Contract #C-08-227-02-09 for the acceptance of revised "Attachment C" for Supplemental Agreement No. 1 to Work Authorization No. 1 (approved by CC 05/22/12) to reflect the "Notice To Proceed"  based on the issuance of the revised purchase order effective August 29, 2012. 
 

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

 
C.
Pct. 2
 
1.
33963   
Acceptance and approval to execute an "On Call" professional engineering services contract with Raba Kistner Consultants Inc. for, "Construction Material Testing for All Projects" for Precinct No. 2 as approved for negotiations on 
 

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

 
D.
Pct. 4
 
1.
34115   
Requesting approval of a professional architectural "on call" services contract with DANNENBAUM ENGINEERING COMPANY for the purposes of  Repairs/Renovations/Remodeling and/or Additions/Alterations on a "per project basis" for County owned Buildings/Structures located within Hidalgo County Precinct No. 4, through the forms of an AIA Agreement and as selected for negotiations through County's protocol under the "POOL" of Architects;
 

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

 
E.
IT Department:
 
1.
33390   
a. Discussion, consideration, and approval of Amendment No. 4 with Texas Conference of Urban Counties to extend term and revise anticipated payment schedule for Fiscal Year 2012 for the integration of the Justice System Court Administration System.

b. Requesting approval to execute an Amended and Restated Implementation Plan for Phase 1 and Phase 2 with Tyler Technologies, Inc. to proceed with the completion of the project within the original budgets.

NO ACTION taken on items 19.E.1.a & b.
 
F.
Colonia Access Program Pct. 3
 
1.
33933   Acceptance, and approval of the following for C-CAP-12-138-07-24 Acevedo #4 Subdivision between Hidalgo County and 2GS, LLC as submitted through project engineer Javier Hinojosa Engineering:

a. Final construction contract (CC previously approved to award on 07-24-12) in the amount of $346,509.20;

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded
by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.
Vote: 5-0 - Unanimously

Commissioner Joseph Palacios stepped away.


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 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. 3 JOE M. FLORES, seconded
by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
 
G.
Sheriff's Office
 
1.
33938   Requesting authority/approval to enter into 36 month service with Time Warner Cable Business Class an awarded vendor through our membership/participation with (DIR) Department of Information Resources contract # DIR-TEX-AN-NG-CTSA-008 for Fiber Ethernet Connection to 3003 E. Mile, Weslaco, TX (new Serriff's Office Substation-Weslaco) for a one time installation charge of $840.00 and $308.00 monthly charge for each of two (2) 10m Ports.
 

On motion by COMMISSIONER, PCT. #3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
20.
Open Forum
-Joe Rodriguez discussed various issues and the traffic study in his neighborhood, located in Pct. 4.
-Fern McClaugherty asked about the lease/purchase of property pertaining to item 5.C. and McAllen Tax Office Substation.
-Judge Garcia announced that the Court will not be raising taxes.
-Joseph Palacios informed the audience that they have been addressing various requests/issues in Pct. 4.
 
21.
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. 4 JOSEPH PALACIOS, the Court made a
UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
 
A.
Real Estate Acquisition
 
B.
Pending and/or potential litigation
 
C.
34049   Claim of Carlos Rodriguez

NO ACTION taken on items 21.A through C.
 
22.
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.
34050   Claim of Carlos Rodriguez
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. #3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $3,000.00 and that the Auditor's Office make the check payable to Carlos Rodriguez and the Law Firm of Sergio J. Valdez.

Vote: 5 - 0 - Unanimously

 
23.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
24.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
25.
Adjourn
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval to Adjourn.

Vote: 5 - 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 11 day of September, 2012

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Priscilla Torres, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on September 11, 2012.

Signed this _18__ day of September  2012




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


By: ____________________________
(Seal) Priscilla Torres, Deputy