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Minutes for CC REGULAR

REGULAR MEETING - SEPTEMBER 25, 2012

BE IT REMEMBERED, that on this 25th day of September A.D., 2012, there was begun and held a REGULAR 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
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
September 25, 2012
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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, after which, the posting of the Colors was presented.
 
3.
 
Prayer
Commissioner Quintanilla led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
 
County Judge's Office:
 
A.
AI-34346
Proclamation declaring September 2012 as Hunger Action Month.
 

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: 3 - 0 - Unanimously

 
B.
AI-34348
Proclamation declaring October 2012 as Domestic Violence Awareness Month
 

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: 3 - 0 - Unanimously

 
C.
AI-34347
Recognition by the Department of Veterans Affairs of Felix Rodriguez, Jr. as an accredited representative of the Texas Veterans Commission

Mr. Emilio de los Santos recognized Mr. Frank Rodriguez for his outstanding service to the community.
 
D.
AI-34409
1.  Presentation by AACT (Advocacy Alliance Center of Texas) regarding National Voter Registration Day and the 2012 General Election

Presentation by Karina Cardoza and Elisa Alvarado.

2.  Request for approval to partner with AACT to increase voter participation among County employees
 

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: 3 - 0 - Unanimously

 
E.
AI-34393
Approval to adopt the Hidalgo County Data Reporting Improvement Plan and submit to the Texas Department of Public Safety
 

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

 
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 6.A.1 & 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
NO ACTION taken on this item.
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
NO ACTION taken on this item.
3) Emergency situations occurring since last agenda meeting
Valde Guerra, Executive Officer, informed the Court that one of the Mission Health/WIC Clinic procurred services necessary to address certain problems to the building.
 
C.
AI-34295
Approval of Sheriff's Revised Parking Assignment Schedule/Plan for Courthouse Parking Lot
NO ACTION taken on this item.
 
D.
AI-34065
Texas AgriLife Extension -Texas Citrus Mutual Grant (1287):
1. Approval of Subrecipient Agreement between Hidalgo County Agrilife Extension and Texas Citrus Mutual to support the project "Education and Outreach for Increased Awareness of HLB/ACP Threat in Texas with Emphasis on Quarantine and High Risk Areas" (grant funds in the amount of $ 46,000.00)
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously


2. Approval of certification of revenues as certified by the County Auditor for the Agrilife Extension Service -Texas Citrus Mutual Grant.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously


3. Approval of appropriation of funds in the amount of $46,000.00 for the period of 09/01/2012 to 03/31/2013.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously


4. Approval to create one (1) temporary full-time Coordinator I position, slot no. T001, grade level 9, not to exceed six (6) months and/or 12/31/2012.
5. Approval to authorize auto allowance in the amount of $4,000.00 for one (1) temporary full-time Coordinator I position, slot no. T001.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 6.D.4 & 5. 

Vote: 3 - 0 - Unanimously


6. Approval of salary schedule.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
 
 
E.
AI-34388
Discussion, consideration and action on rescheduling/cancelling of the Commissioners' Court Meeting of October 2, 2012 due to court members attending the 90th Annual Co. Judges & Commissioners Conference in San Marcos, Texas.
The Court agreed to have Commissioners' Court rescheduled for Monday, October 1, 2012 at 9:oo a.m. for Drainage District Meeting  and 9:30 a.m. for Commissioners' Court Meeting.
-Judge Garcia then asked Valde Guerra to discuss the Parking Assignment with the Judge's.
 
F.
AI-34395
Request by American Legion Post 408 to use the courthouse square parking lot for the Veteran's Day Parade to be held on Saturday, November 3, 2012 (8-11am)
 

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: 3 - 0 - Unanimously

 
7.
 
Sheriff's Office:
 
A.
AI-34176
Approval of Sheriff/Constable Fee Schedule for Year 2013.
Captain Espinoza informed the Court that there are no changes to the Fee Schedule.
 

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

 
B.
AI-34131
Local Border Security Program FY 10/11 (LBSP-11) (1284):
Authorization and approval to accept an extension for the Local Border Security Program FY 10/11 (LBSP-11) (New termination date is 12/31/12).
 

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

 
8.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
NO ACTION taken on this item.
 
B.
AI-34411
Discussion, consideration, and direction on 1115 Anchor Entity Waiver to be funded from General Fund - Fund Balance.

Eddie Olivarez for the Record: The Waiver explained by HHS/C&CMS that 4.5 that would generate only for running the anchor and county components, It is not to be used by hospital operations at all.
 
9.
 
Emergency Management - Oscar Montoya:
 
A.
AI-34204
Discussion and possible action regarding approval to apply and submit for the Hazard Mitigation Grant Program/Texas State Shelter Initiative on behalf of the La Joya Independent School District with the authority for the County Judge to sign the required documentation.
 

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

 
10.
 
IT Department - Renan Ramirez
 
A.
AI-34311
County Clerk:
Authorization to purchase wireless service through the County's membership/participation with CONTRACT: DIR-SDD-1779 (Requisition # 222222) with awarded vendor VERIZON WIRELESS for the following:
Employee Name: Employee ID: Description: Plan Cost: Equipment Cost:
Office Use N/A MIFI 4510L 4G Unlimited Mobile Broadband Plan $37.99 + $5.00 = $42.99 X 4 months = $172.00 $0
 

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

 
11.
 
Urban County - Diana Serna:
 
A.
AI-34180
Requesting consideration and approval of Hidalgo County’s 2012 Guidelines for the Colonia Self-Help Center (SHC) Program for the following activities: Housing Assistance Program, Rehabilitation/Reconstruction/New Construction, Tool Lending Library, and Colonia SHC Home Repairs.
 

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

 
B.
AI-34368
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 2’s proposed budget and program amendment for Fiscal Years 23, 24 & 25 (2010, 2011 & 2012) original work plans. The proposed amendment will delete the Parks, Recreational Facilities projects and allocate funds in to the Street Improvement line item for the purchase and installation of solar lights. The amendment will also change the project description for the Street Improvements work plan.

Judge Garcia Opened the Public Hearing.
There being no one come forward, Judge Garcia Closed the Public Hearing.

2. Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 2 for Fiscal Years 23, 24 & 25 (2010, 2011 & 2012) original work plans The proposed amendment will delete the Parks, Recreational Facilities projects and allocate funds in to the Street Improvement line item for the purchase and installation of solar lights. The amendment will also change the project description for the Street Improvements work plan.
 

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

 
12.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-34407
Discussion and possible action regarding Interlocal Cooperation Agreement between Linn-San Manuel Fire Department & Hidalgo County

 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval to suspend the contract and visit in two weeks giving Atlas & Hall a period to work with the Linn-San Manuel Fire Department.

Vote: 5 - 0 - Unanimously

 
13.
 
Elections Administration - Yvonne Ramon:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

Presentation by Amanda Valdez during which she handed the Court a "Draft List" of possible Election Judges for the early voting locations during the General Election.
 
B.
AI-34097
Approval of Full Contract for Election Services between Hidalgo County and the Valley View Independent School District for their election to be held on November 6, 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: 3 - 0 - Unanimously

 
C.
AI-34129
Approval of Full Contract for Election Services between Hidalgo County and the City of Elsa for their election to be held on November 6, 2012.

Ms. Valdez informed the Court and Audience of National Voter Registration Day and encouraged everyone to stop by and register to vote.
 

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: 3 - 0 - Unanimously

 
14.
 
Head Start Program - Teresa Flores:
 
A.
AI-34320
Requesting Approval to Reject Bids Submitted and Authority to Re-Advertise for the Relocation of Palmview I Head Start Building Locate at 501 Commercial Blvd., Palmview, Texas, 78572, (Commissioners' Court Previously Approved on 08.07.12) as Bids Received Did Not Meet the Requirements
 

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

 
B.
AI-34273
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court, to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45 CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2012
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the reappointment of Sylvestre Rodriguez for Pct. 2, Lupe Gonzalez for Pct. 3 and Judith Flores Saldivar for Pct. 4.

Vote: 3 - 0 - Unanimously

 
C.
AI-34275
Discussion/Approval to Submit the Following 2013 Budget Applications:
1.  Department of Health and Human Services (DHHS)
2.  Texas Department of Agriculture (TDA)
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 14.C.1 & 2.

Vote: 3 - 0 - Unanimously

 
D.
AI-34277
Discussion/Approval of the 2011-2012 Program Information Report (PIR)
 

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

 
E.
AI-34276
Discussion/Approval of the Training and Technical Assistance (T-TA) Plan
 

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: 3 - 0 - Unanimously

 
F.
AI-34274
Discussion/Approval of the Hidalgo County Head Start Program Area Distribution for 2012-2013
 

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: 3 - 0 - Unanimously

 
15.
 
WIC - Norma Longoria:
 
A.
AI-34135
1. WIC  (1292)
a. Approval to accept the FY 2013 WIC Adm grant award (No. 2013-042599-001) in the amount of $5,514,655.00, commencing October 1, 2012 - March 31,2013 pending receipt of contract documents.

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

b.  Requesting authorization to continue the provision of WIC services for FY 2013 commencing October 1, 2012-March 31, 2013.

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

c. Approval of Certification of Revenues as certified by the County Auditor for the FY 2013 WIC Adm. Grant.

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

d. Approval of appropriation of funds for the FY 2013 WIC Adm Grant.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

e. Approval of FY 2013 WIC Adm. Grant Salary schedule.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0



2. WIC BF (1292)
a. Approval to accept the FY 2013 WIC BF Peer Counselor grant award (No. 2013-042599-001) in the amount of $427,708.00, commencing October 1, 2012-March 31, 2013 pending receipt of contract documents.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval. 
Vote: 3 - 0

b. Requesting authorization to continue the provision of WIC BF Peer Counselor Program for FY 2013 commencing October 1, 2012-March 31, 2013.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

c. Approval of Certification of Revenues as certified by the County Auditor for the FY 2013 WIC BF Peer Counselor Grant.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

d. Approval of appropriation of funds for the FY2013 WIC BF Peer Counselor Grant.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

e. Approval of the following personnel actions:

Action Slot No. Position Title Grade/Step
Delete 0019 Peer Counselor I 2/1
Delete 0024 Peer Counselor I 2/1
Delete 0029 Assistant BF Coordinator 13/2
Delete 0034 Lactation Consultant 14/1
Create 0035 Lactation Specialist 8/1

Mr. Eufracio, County Auditor, expressed concerns because the Lactation Specialist is not on the Inventory List of positions.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval, subject to the Lactation Specialist position being brought back next week for placement on inventory.
Vote: 3 - 0


f. Approval of FY 2013 WIC BF Peer Counselor Grant Salary Schedule.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval. .
Vote: 3 - 0


3. Registered Dietician (1292):
a. Approval to accept the FY 2013 WIC Registered Dietician grant award (No. 2013-042599-001) in the amount of $23,000.00, commencing October 1, 2012 - March 31, 2013 pending receipt of contract documents.
b. Requesting authorization to continue the provision of WIC Registered Dietician Program for FY 2013 commencing October 1, 2012-March 31, 2013.
c. Approval of Certification of Revenues as certified by the County Auditor for the FY 2013 WIC Registered Dietician Grant.
d. Approval of appropriation of funds for the FY 2013 WIC Registered Dietician Grant.
e. Approval of FY 2013 WIC Registered Dietician Grant Salary Schedule.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 15.A.3.a-e.
Vote: 3 - 0


4. Lactation Services (1292):
a. Approval to accept the FY 2013 WIC Lactation Services grant award (No. 2013-042599-001) in the amount of $25,000.00, commencing October 1, 2012 - March 31,2013 pending receipt of contract documents.
b. Requesting authorization to continue the provision of WIC Lactation Services Program for FY 2013 commencing October 1, 2012-March 31, 2013.
c. Approval of Certification of Revenues as certified by the County Auditor for the FY 2013 WIC Lactation Services Grant.
d. Approval of appropriation of funds for the FY 2013 WIC Lactation Services Grant.
e. Approval of FY 2013 WIC Lactation Services Grant Salary Schedule. 

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 15.A.4.a-e.
Vote: 3 - 0


5. WIC Mini Obesity Prevention Grant (1292)
a. Approval to accept the FY 2013 WIC Obesity Prevention grant award (No. 2013-042599-001) in the amount of $10,000.00, commencing October 1, 2012- March 31, 2013 pending receipt of contract documents.
b. Requesting authorization to continue the provision of WIC Mini Obesity Prevention Program for FY 2013 commencing October 1, 2012-March 31, 2013.
c. Approval of Certification of Revenues as certified by the County Auditor for the FY 2013 WIC Mini Obesity Prevention Grant.
d. Approval of appropriation of funds for the FY 2013 WIC Mini Obesity Prevention Grant.
 
16.
 
Right of Way - Joe Pena:
 
A.
AI-34214
Consideration and Approval to purchase a certain tract of land also known as Parcel 2 for the Tower Road Corner Clip Project.  (Pct. 2)
 

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

Vote: 3 - 0 - Unanimously

 
B.
AI-34330
Consideration of the use of Eminent Domain to condemn property on the following Parcels #1,2,8, and 14 for the Trenton Drain Project (GLO/TDRA Disaster Recovery Entitlement Grant Program: Contract # DRS010068) (a description of such parcels attached as Exhibit A,B,C, and D)


COMMISSIONER, PCT. 4 JOSEPH PALACIOS moved that Hidalgo County authorize the use of the power of Eminent Domain to acquire Parcels # 1, 2, 8 and 14 for the Trenton Drain Project (GLO/TDRA Disaster Recovery Entitlement Grant Program: Contract # DRS010068) (a description of such parcels attached as Exhibit A,B,C, and D)  in the Agenda packet and the record vote shall apply to all parcels identified in this motion to be condemned and the Minutes of Hidalgo County shall reflect that the record vote on this motion shall apply to all Parcels. The motion was seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, and the vote was carried UNANIMOUSLY.

Record Vote:
AYE: COMMISSIONERS' JOEL QUINTANILLA, HECTOR PALACIOS AND JOSEPH PALACIOS
NAY: None
ABSENT: JUDGE GARCIA AND COMMISSIONER FLORES

 
17.
 
Precinct #1 - Comm. Quintanilla:
 
A.
AI-34366
Pct. 1 Rd Maint. & ROW Dept (1200):
1. Approval of position and employee transfers as follows:

    FROM   TO   
Position Title Emp. No. Dept Slot # Dept Slot. # Grade
ROW Agent V 020109 Pct No. 1
121-005
0122 ROW Dept
260-001
0014 15
ROW Agent V 047473 Pct No. 1
121-005
0123 ROW Dept
260-001
0015 15

2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.

NO ACTION taken on items 17.A.1, 2 & 3.
 
18.
 
Budget & Management - Sergio Cruz:
 
A.
AI-34322
1. Public hearing on the 2013 Proposed Budget as per Texas Local Government Code 111.067.

Judge Garcia Opened the Public Hearing on the 2013 Proposed Budget.
-Judge Garcia informed the Audience that there is no Tax Rate increase.
-Fern McClaugherty asked if the salary increase would be across the Board asked about the Budget Shortfall. 
There being no on else come forward, Judge Garcia Closed the Public Hearing.


2. Discussion, consideration, and action on changes and corrections to the 2013 Proposed Budget.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to amend the proposed 2013 Budget with the changes and corrections as discussed, to include the IGT-1115 Waiver for appropriations, 1.2 million appropriations from R & B Fund Balance to be distributed on a percentage of the filled Drainage positions, excluding the Pct. 1 positions, which will be transferred to the Drainage District.

VOTE: 5-0 UNANIMOUSLY


3. Approval to set salaries, allowances, and other compensation for Fiscal Year 2013.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve and set the salaries and other compensations as approved through the proposed budget and approved in item #18.A.2, to include the adoption of the Elected Officials salaries as published in the Monitor, with the exception of the Sheriff's salary, which is to stay the same as 2012 Budget. 

Vote: 5 - 0 - Unanimously


4. Adoption of the 2013 Annual Budget.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval of the 2012 Budget, to include those changes as done on item 18.A.2.

Vote: 5 - 0 - Unanimously


5. Adoption of the 2012 Hidalgo County Ad Valorem Tax Rate.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval to adopt the Tax Rate of 59/100 of value consisting of a maintenance and operation rate of  0.5235 and a debt service rate of 0.0665.

Vote: 5 - 0 - Unanimously

The vote was carried as follows:
AYE: Judge Garcia, Commissioner Quintanilla, Commissioner Hector Palacios, Commissioner Flores and Commissioner Joseph Palacios
NAY: None
 
B.
AI-34336
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. 12-589-000-6887/DRS220068.
 

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

Vote: 3 - 0 - Unanimously

 
C.
AI-34412
WIC Adm (1292):
1. Approval to amend WIC Contract 2012-039974 in the amount of $465,000.00.
2. Approval of Certification of Revenues as certified by the County Auditor for FY 2012 WIC Administration Grant.
3. Approval of Appropriation of funds in the amount of $465,000.00.

NO ACTION taken on items 18.C.1, 2 & 3.
 
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.
AI-34376
a. Acceptance and approval of Work Authorization No. 1 (estimated cost of $21,670.00) for provision of Structural Engineering services for "Structural Assessment for Hidalgo County Health/WIC Clinic located in Mission, Texas"  with Hinojosa Engineering, Inc., under contract No. C-11-190-10-11

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0

b. Pursuant to contract with Hinojosa Engineering, Inc., (article ) C-11-190-10-11, a request for approval by engineer to permit the subcontracting of Raba-Kistner Engineering in connection with Work Authorization No. 1-Structural Assessement for Hidalgo County Health/WIC Clinic. 
 

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: 5 - 0 - Unanimously

 
4.
AI-34385
a. Acceptance and approval of Work Authorization No. 2 (with an estimated cost of $7,740.40) as submitted by project engineer, L&G Consulting Engineering for engineering services for "Removal and to properly dispose of asbestos to the Precinct No. 3 Old Adm Building, warehouse and Shop Complex, " C-12-123-05-22;

b. Pursuant to contract with L&G Engineering, (article 14) C-12-123-05-22, a request for approval by engineer to permit the subcontracting of Chemical Response & Remediation Contractors, Inc. and R.L. Abatement, Inc. in connection with Work Authorization No. 2-Asbestos Removal for Pct No. 3 Old Administration Building, Warehouse and Shop Complex.

NO ACTION taken on items 19.A.4.a & b.
 
 
5.
AI-34386
Acceptance and approval of the revised negotiated AIA Forms of Agreement between Hidalgo County and Dannenbaum Engineering Company, in connection with the following project: "Hidalgo County-Annex Modular Bldgs-Courtroom Finishes and Courthouse Site Improvements."


 
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval, subject to legal review and funding.

Vote: 5 - 0 - Unanimously

 
B.
 
Pct. 1
 
1.
AI-34403
a.  Discussion on the Construction Of Constable Precinct #1 Office Building Project and any necessary action regarding the "Parking Lot and Off-Site Drainage Improvements" for same project in connection with Precinct's 3 and 4 commitment to assist and complete this portion of the Constable's Office Building Project so as to proceed with the next step; and,

b.  Discussion and approval of request by Raul E. Sesin, P.E., Hidalgo County's Planning Administrator, to coordinate along with Richard Sunday from Facilities Management with Precinct's 3 and 4 the "Parking Lot and Off-Site Drainage Improvements" inasmuch as the parking lot and off-site drainage improvements project bid was a "no action" on July 10, 2012 (AI #33091) by Commissioners Court with "final rejection" of bid on August 7, 2012 (AI#33565).


Updates provided by Martha Salazar, Purchasing Agent and Raul Sesin, .
 
C.
 
Pct. 2
 
1.
AI-34255
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0

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 Thomas Rd (Jackson to McColl Rd)  within Pct No. 2.

Total R.E. Garcia Rio Delta Engineering R.E. Gutierrez
Evaluator 1 94 88 100
Ranking  2

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve in the order of the scores.
Vote: 5 - 0

c. Authority for the Purchasing Department to negotiate a professional  engineering services contract with the No. 1 ranked firm of    R.E. GUTIERREZ   __ for: the provision of professional engineering services for Thomas Rd (Jackson to McColl Rd ) within Pct No. 2 area.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
2.
AI-34383
Requesting approval of Second Amendment to Interlocal Cooperation Agreement between City of San Juan, Hidalgo County Drainage District No. 1 and County of Hidalgo, for Minnesota Drainage Project.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval, with the effective date upon execution of all parties.

Vote: 5 - 0 - Unanimously

 
D.
 
Pct. 4
 
1.
AI-34397
Recommendation by project engineer, Raul Sesin, P. E., Hidalgo County Planning Department for Commissioner's Court to award to responsible, lowest and best bid meeting all specifications for Base Bid, Alternates 2, 4 and 5 in relation to Bid No. 2012-056C-08-01-MSS Hidalgo County Precinct No. 4 - “Construction of a New Multi-Purpose Facility and Mechanical Shop-Civil Site Improvements" to: Fresno Construction STFC, Inc. in the total amount of $188,710.75.
 
 

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

Vote: 4 - 0

 
E.
 
County Clerk's Office
 
1.
AI-34399
Presentation by Hon. Arturo Guajardo, Hidalgo County Clerk for Hidalgo County Commissioners Court's acceptance and approval of agreement by and between the Department of State Health Services (DSHS or the Performing Agency) an agency of the State of Texas, for DSHS Program Vital Statistics Unit and Hidalgo County Clerk (Receiving Agency) in connection with the issuance of birth certificates.
 

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

Vote: 5 - 0 - Unanimously

 
F.
 
IT Department:
 
1.
AI-34191
a. Requesting approval of an "order" granting exemption from competitive bidding requirements under Texas Local Government Code, 262.024 (a)(7)-'an item that can only be obtained from only one source';

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0

b. Approval of a "Sole Source Declaration" with Econet.com, Inc., and authority to purchase the continuation of the "Sentinel Intrusion Prevention Systems (IPS) Software Monitoring, Support & Maintenance" (no signed documents required only purchase order) with said sole source designation remaining in effect as long as (IT) Information Technologies Department possess and utilizes the software in the amount of $842.00 per month through requisition #217804.
 

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

 
2.
AI-34106
Approval of the final negotiated contract  including "Best and Final Offer" (BAFO) from a sole participant "AL3 Enterprises, LLC DBA Starr Telecom for "Cabling Installation Services, Time and Materials" for Hidalgo County Information Technology  Countywide Department  RFP No.: 2012-096-06-27-SMA.
 

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.
 
WIC
 
1.
AI-34372
Recommendation by project architect, Dannenbaum for Hidalgo County Commissioners Court to award the responsible, lowest and best bid received from Highmark Construction-$465,000.00 in connection with: Additions and Renovations to the WIC Clinic/Offices located at 3105 E. Richardson, Edinburg, Texas-RFB #2012-021A-07-03-MSS. 
 

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

Vote: 5 - 0 - Unanimously

 
H.
 
Facilities Management:
 
1.
AI-34381
Requesting approval of Change Order No. 1/Increase  to PO #663746 in the amount of $81,736.17 to CAS Companies LLC (project is evidenced by purchase order only) in connection to ongoing County Autopsy Facility Project so as to cover the proposed Scope of Work changes related to compliance recommendations by Fire Marshall including, but not limited to, Health & Safety Compliance items attached hereto-Project #11-039-OGG.
 

 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
I.
 
Sheriff's Office
 
1.
AI-34359
Approval to purchase One (1) New or Newer 2013 Chevrolet Tahoe through the County's membership/participation with HGAC (Houston-Galveston) awarded vendor, Caldwell Country Chevrolet (Contract #VE11-11) in the amount of $30,681.00 which includes a $600.00 HGAC administration fee and delivery for ( Project #2012-235-OGG).
 

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

 
J.
 
Fire Marshals Office:
 
1.
AI-34369
Approval to purchase Three (3) New or Newer 2013 Chevrolet Tahoe through the County's membership/participation with HGAC (Houston-Galveston) awarded vendor, Caldwell Country Chevrolet (Contract #VE11-11) in the amount of $118,617.00 which includes a $600.00 HGAC administration fee and delivery for ( Project #2012-242-OGG).
 

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

Vote: 5 - 0 - Unanimously

 
20.
 
Open Forum
-Anita Salas came before the Court to request the use of the Courthouse Square Parking lot to help raise monies for school uniforms, supplies, etc.
-Commissioner Quintanilla discussed the event at the Delta Lake Park which raised monies for Autism Awareness.
-Karina Cardoza reminded the public of the Town Hall Meetings and encouraged everyone to attend.
 
21.
 
Closed Session:
On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to go into Closed Session.
Vote: 3 - 0

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-34377
Claim of Sergio Jimenez
 
D.
AI-34400
Hidalgo County v. Norma Hernandez d.b.a. CVS Services

NO ACTION taken on items 21.A-D.
 
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.
AI-34378
Claim of Sergio Jimenez
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $969.81.

Vote: 5 - 0 - Unanimously

 
D.
AI-34401
Hidalgo County v. Norma Hernandez d.b.a. CVS Services

NO ACTION taken on this item.
 
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. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, 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 25th 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 25, 2012.

Signed this _4th _ day of   October   2012




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


By: ____________________________
(Seal) Priscilla Torres, Deputy