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Minutes for CC REGULAR

SPECIAL MEETING - NOVEMBER 6, 2012

BE IT REMEMBERED, that on this 6th day of November 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
CC REGULAR
HIDALGO COUNTY COMMISSIONERS COURT MEETING
November 6, 2012
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, with the exception of Commissioner Quintanilla and Commissioner Flores. Commissioner Quintanilla and Commissioner Flores joined the meeting shortly after commencement.
 
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.
 
County Judge's Office:
 
A.
AI-35082
Resolution Honoring McAllen School Board on School Board of the Year Award
 

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

 
B.
AI-34969
Recognition of Veterans Service Officers Emilio De Los Santos and Felix Rodriguez on Outstanding Veterans Service Officers for Houston Region

Mr. De Los Santos and Mr. Rodriguez were recognized on their outstanding services to our Veterans, their dependants and survivors. 
 
 
C.
AI-35031
Update on Hidalgo MPO projects by Director Andrew Cannon

Mr. Cannon informed the Court and Audience that there is 1.3 million dollars available for enhancement, which includes Restoration/Moving of Historical Buildings, Beautification of Roadways, etc.

 
D.
AI-35078
Authorization for County Judge to sign the Certification of Eligibility letter for the OVW Domestic Violence Prevention Demonstration Initiative

NO ACTION taken on this item.

 
6.
 
County Treasurer - Norma Garcia:
 
A.
AI-35054
Presentation and recognition of County Treasurer Norma G. Garcia by Texas State Senator Eddie Lucio Jr.

Senator Eddie Lucio Jr. recognized Ms. Garcia for her outstanding achievements as Treasurer.
 
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."

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve the exemption as it pertains to 22.C, EEOC Charge No. 451-2013-00146; Delma Cadena.

Vote: 3 - 0

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

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval as it pertains to item. 22.C, EEOC Charge No. 451-2013-00146; Delma Cadena.

Vote: 3 - 0 - Unanimously

 
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

Richard Sunday informed the Court that they are on schedule with the Portable Building Project and are expecting the courts to move in around January 2013.

3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
 
C.
AI-35056
Texas Agrilife Extension:
1.  Requesting permission of travel for Christina L. Perez to attend the Program Excellence Academy II in College Station, Texas on Nov. 12-16, 2012  


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

Vote: 3 - 0

2.  Requesting permission of travel for Adelita Munoz and three (3) staff to attend the 2012 District 12 4-H Food Show & Challenge in Laredo, Texas on Dec. 08, 2012
 

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: 3 - 0 - Unanimously

 
D.
AI-35069
Safety Division:
1.  Approval to accept settlement check from Allstate Insurance Company in the amount of $21,358.38 to settle total loss auto accident with County vehicle. (Sheriff Office)

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

Vote: 4 - 0

2.  Approval to authorize Guadalupe Trevino, Hidalgo County Sheriff, to sign Power of Attorney forms for title purposes to settle auto claim with Allstate Insurance Company.  
 

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

Vote: 4 - 0 - Unanimously

 
E.
AI-35108
Health & Human Services Department:
Requesting permission to advertise/hire the following positions:
Position Slot # Grade
Billing Supervisor 003-G076 11
Clinic Aide II 003-0045 3
Eligibility Specialist II 001-0010 6
Eligibility Specialist I 001-0034 4
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 7.E.

Vote: 3 - 0 - Unanimously

 
F.
AI-35109
County Court at Law #6:
Requesting approval of claim/invoice for interpreting services, dated 8/1/12 for the following: Sign Language Services in the amount of $ 255.00 with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor
 

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: 3 - 0 - Unanimously

 
G.
AI-35111
Child Protection Court:
1.  Discussion, consideration and action regarding the creation of a Court Bailiff position
2.  Approval of Salary Schedule
3.  Approval of transfer of funds 
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 7.G.1, 2 & 3.

Vote: 3 - 0 - Unanimously

 
8.
 
Tax Office - Armando Barrera:
 
A.
AI-34872
Approval of 2012 Tax Roll Totals, as per Sec. 26.09(e), of the Texas Property Tax Code

NO ACTION taken on this item.
 
9.
 
Constables:
 
A.
AI-35045
Constable Pct. #1 - Celestino Avila:
Discussion, consideration and approval to appoint John Paul Sauceda, Eleazar Mendez and Jose Luis Fuentes as reserve deputy constables by Constable Celestino Avila Jr., Constable Precinct 1 in accordance with Texas Local Government Code 86.012.
 

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: 3 - 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
 
B.
 
Discussion and approval of 1115 Waiver Documents and/or 1115 Waiver Plan

NO ACTION taken on items 10.A & B.
 
C.
AI-34834
Public Hearing to consider public comments on Regional Healthcare Partnership Plan for Region 5 prior to submission to the Texas Department of Health & Human Services  Commission (HHSC) on November 16, 2012.

Presentation by Eddie Olivarez on the Regional Healthcare Partnership Plan.
Judge Garcia opened the Public Hearing.
-Ann Cass asked about Residency Programs and Surgery Programs.
-Linda Rezendez requested that Community Health Workers (Promotoras) be used in educating the community.
-Terri Crocker, with Tropical Texas Behavior Health Center, commented that the Indigent Care access and expansion will be expanded by 1,000 people.
Judge Garcia closed the Public Hearing.
 
D.
AI-35104
Human Services Division (1100):
Approval to reinstate employee #165123 to previous previous Grade and Step effective upon Commissioners Court approval (11/06/2012).

NO ACTION taken on this item, pending HR review. 
 
 
 
11.
 
IT Department - Renan Ramirez
 
A.
AI-34903
Emergency Management:
Authorization and approval to deactivate wireless device service through the County's membership/participation with CONTRACT: DIR-SDD-611 with awarded vendor SPRINT for the following:

Employee Name: Plan Description: MDN:
Office Use Unlimited Mobile Broadband @ 37.99/mo 956-393-0549
Office Use Unlimited Mobile Broadband @ 37.99/mo 956-207-0934
Office Use Unlimited Mobile Broadband @ 37.99/mo 956-207-5876
Office Use Unlimited Mobile Broadband @ 37.99/mo 956-207-7306
Office Use Unlimited Mobile Broadband @ 37.99/mo 956-225-8851
Office Use Unlimited Mobile Broadband @ 37.99/mo 956-225-8947
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to deactivate service for items listed on 11.A.

Vote: 4 - 0 - Unanimously

 
12.
 
Urban County - Diana Serna:
 
A.
AI-35005
Urban County Program on behalf of Hidalgo County Precinct No. 2 is requesting authority to purchase solar lights for South Tower Estates from Facility Solutions Group (contract # 368-10) an approved vendor through Hidalgo County’s membership and participation with the State of Texas Buy Board. The total cost for the purchase and installation is $230,400.00 (quote attached hereto) to include shipping and handling, installation and discounts as requested by the Hidalgo County Precinct No. 2 for the UCP FY’s 23, 24 & 25 (2010, 2011 & 2012) Street Improvement line items.
 

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

 
B.
AI-34941
Urban County Program (UCP) is requesting Commissioner’s Court consideration and approval to appoint the UCP Executive Director as the Program Compliance Officer to ensure compliance for the following:
Nondiscrimination requirements contained in the Department of Housing and Urban Development (HUD) regulations implementing Section 504 & Equal Opportunity/ Fair Housing Officer(s).

2012 Texas General Land Office GLO #12-406-000-6453/ DRS210068
2012 Texas General Land Office GLO #12-589-000-6887/ DRS220068
 

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

Karina Cardoza explained to the Court and Audience how to access the Elections Results Page and postings of the results.
 
14.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-35105
DWI Court Grant (1297)
1. Approval to accept the DWI Court grant award from the Office of the Governor-Criminal Justice Division in the amount of $142,819.20 for the grant period of 09/01/2012 through 08/31/2013.
2. Approval of certification of revenue as certified by the County Auditor for the DWI Court grant.
3. Approval of appropriation of funds in the amount of $142,819.20.
4. Approval to authorize a decrease in supplemental pay allowance for the following employees

Dept Slot # Emp# Position Title Current
Allow.
Amount
Proposed
Allow.
Amount
Crim. DA
(1100)
0026 127531 Assistant D.A. III $10,035.00 $9,910.00
           
139th DC
(1100)
0002 020524 Court Coordinator $4,955.00 $4,895.00
           
139th DC
(1100)
0004 088439 Assistant Court Coord. $4,955.00 $4,895.00

5. Approval of salary schedule.
 
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve items 14.A.1-5.

Vote: 3 - 0 - Unanimously

 
15.
 
Head Start Program - Teresa Flores:
 
A.
AI-35017
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 Year Term According to 45CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2012
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve Richard Garcia as representative for Pct. 1.

Vote: 4 - 0 - Unanimously

 
16.
 
Right of Way - Joe Pena:
 
A.
AI-35030
Requesting authorization for Survey Metes & Bounds,Title Reports,Title Policies, Appraisals, Review Appraisals,and Acquisition of Additional Right-of-way Easements for the following subdivisions under the Colonia Access Program in Pct.1 :
1.  Ash Country- one parcel for a drainage easement
2.  La Milpa- one parcel for road right of way
3.  Tijerina- two parcels: one drainage easement and one road right of way
4.  Delta West- one parcel for a drainage easement.
 

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 16.A.1-4.

Vote: 5 - 0 - Unanimously

 
B.
AI-35032
Discussion and authorization for the County Judge to Execute Earnest Money Contract to purchase property on Hoehn Drive for Drainage Project- Pct.4 and request County Auditor to issue two Manual Checks Payable to Valley Land Title Co. in the amount of $1,000.00 for the Earnest Money Deposit and one Payable to Hector Manuel Hinojosa et al in the amount of $100.00 for Option Fee.
 

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

Vote: 4 - 0 - Unanimously

 
17.
 
Precinct #1 - Comm. Quintanilla:
 
A.
AI-34748
Presentation by Inter-Tech to promote Community Classes presented by Admission Advisors Armando San Roman and Bonnie Hernandez.

Ms. Bonnie Hernandez provided the Court a presentation and informed them of Inter-Tech mission statement.
 
18.
 
Budget & Management - Sergio Cruz:
 
A.
AI-35094
Discussion, consideration, and action on Authorization to change TCDRS Plan Provisions for Plan Year 2013 to include a 3% COLA for retirees (as approved during the 2013 Budget Process).
 

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.
 
Budget Appropriations:
 
1.
AI-34958
Pct. 1 R & B (1200):
a.  Approval of Certification of Revenues as certified by the County Auditor for 1/3 Paving Revenues.
b.  Approval of 2012 appropriation of funds into Precinct #1 Rd. Maint., program 005 in the amount of $47,727.87 (escrow monies for Aurora Valley S/D road construction project)
 

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 18.B.1.a & b.

Vote: 3 - 0 - Unanimously

 
2.
AI-35101
Pct. 4 Rd. Maint. (1200):
Approval of 2012 appropriation of funds for Pct. 4 Road Maintenance program#007 from the unreserved R & B fund balance in the amount of $116,552.00 to fund fuel expenditures. 
 

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.
AI-34110
Acceptance and approval of the final negotiated contract/agreement which includes the best and final offer with Air Evac Lifeteam for "Emergency (Post Tax) Voluntary Air Ambulance Services" for Hidalgo County Employees.
 

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.
AI-35035
a.  Acceptance and approval of the evaluation of the sole proposal received from Vazaldua and Associates for the purpose of ranking by CC as "qualified" so as to proceed with the next phase of the process for: " Turnkey Solutions for Middle and High School Digital Credit Recovery and Life Skills Program" (RFP No.: 2012-226-10-24-CGA);

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


b.  Approval of the final negotiated contract between Hidalgo County (with concurrence by 370th District Courrt) and  Vazaldua and Associates for "Turnkey Solutions for Middle and High School Digital Credit Recovery and Life Skills Program.
 
 

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

Vote: 3 - 0 - Unanimously

 
5.
AI-34894
Requesting Authority to advertise and approval of qualifications, requirements, and scope of services as attached hereto for: “Hidalgo County Pool of Professional Services” for the following:

a. Architectural Services (RFQ No. 2013-001-12-05-YSI)
b. Engineering Services (RFQ No. 2013-002-12-05-YZV)
c. Engineering Services Geotechnical & Construction Material Testing (RFQ No. 2013-003-12-05-SMA)
d. Appraiser Services (RFQ No. 2013-004-12-05-SGS)
e. Surveyor Services (RFQ No. 2013-005-12-05-MEG)

for selection on an “as needed basis” (through a grading/scoring, ranking, negotiation protocol - as established by CC) per project by Hidalgo County Commissioners Court, Precincts, all County Departments and/or applicable Programs or Agencies requiring said services effective February 09, 2013 for a period of one (1) year. 
 

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 19.A.5.a through e.

Vote: 3 - 0 - Unanimously

 
6.
AI-34779
a. Presentation of the scoring & evaluation grids (for the purposes of ranking for award by CC) of the responses received in connection with the request for proposals: "Section 125 Voluntary Insurance Products and COBRA Administration Services for Hidalgo County and Hidalgo County Drainage District No. 1";

b.  Award of the "Section 125 Voluntary Insurance Products and COBRA Administration Services for Hidalgo County and Hidalgo County Drainage District No. 1" for the following:

1.  Dental
2.  Vision
3.  Cancer
4.  Accidental
5.  Critical Illness
6.  Short/Long Term Disability
7.  Life Insurance
8.  COBRA Administration Services
9.  Other
 
c.  Authority to finalize and/or negotiate (if required) contract(s) for the Voluntary Insurance Products and COBRA Administration Services.

NO ACTION taken on items 19.A.6.a, b & c. 

This item will be brought back in about two weeks.

 
 
7.
AI-35102
Requesting approval by Commissioners Court of exceptions to Hidalgo County Purchasing Policies and Procedures that requires at least three (3) quotes for requisitions of $1K but less than $5K for the following including authority to issue payment:

A.  Hidalgo County Tax Office-Acceptance and approval of Invoice #1944714 (dated  9-20-12) in the amount of $1,165.26 (PO#681246) from General Binding Corporation, aka, GBC inasmuch as the quotes received either did not carry all items requested, did not meet the Tax Office specifications, or did not carry the items;

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

Vote: 4 - 0


B.  Hidalgo County Department of Human Resources-Acceptance and approval of Invoice #150148-A (dated 8-16-12) in the amount of $3,771.20 (PO #678920) from T & G Identification System, Inc. as the HR Department as well as Purchasing staff was unable to secure other quotes from vendors although numerous attempts were made as stated in e-mail communication with Auditor's office indicate including.
 

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.
 
Sheriff's Department:
 
1.
AI-35080
A.  Pursuant to Texas Local Government Code, requesting exemption through a Commissioners Court "order" granting same from competitive bidding requirements under Chapter 262.024: (a)(2) an item necessary to preserve or protect the public health or safety of the residents of the county; and,

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

Vote: 4 - 0


B.  Pursuant to Hidalgo County's Purchasing Policies and Procedures (Chapter IX-9.01.02 d,e,f) approval of emergency requests for the following requisitions with detailed circumstances, supporting documentation, user department's notifications for the following: 

     1.  Requisition #220650 (PO#683343) with Reyna Enterprises d/b/a CRC-$1095.00 for "Renewal of Symantec Backup"-This renewal takes care of the Sheriff Office's backup support should their systems go down.  It records performances for the day, 911 Dispatch, Records and Law Information;

     2.  Requisition #220985 (PO#683346) with Cellebrite USA Corp-$999.00 for "License Renewal-Universal Forensic Extraction Device"-This is used to extract data such as numbers, texts, and pictures from cell phones of all types of criminals so as to keep up with the continuous services with the updates of all phones that come out everyday;

     3.  Requisition #222869 (PO#683351) with Environmental Systems Research (ESRI)-$4,000.00 for "Software enables them and their 911  Center to pin point exactly on the map where Hidalgo County Deputies are at at all times by displayed in real time and motion as they are driving.  They rely on this software for their Officers Safety among other extreme services;

     4.  Requisition #223184 (PO#683348) with Commercial Electronics Corp-$27,474.34 for "Purchase of 911 Recorder Equipment/Software" for the upgrading of the existing one in place.  Failure to replace/upgrade this 911 device/equipment/software services before the current one malfunctions will result in no recordings of 911 calls which would be very crucial evidence in a court for an offender or more importantly a Victim as stated in the Sheriff's Office correspondence.

     5.  Requisition #222835 (PO#683354) with IBM Corporation-$1,993.20 for "Subscription and Support Renewal" allows gathering of crucial information about hot crimes, where they are occurring, where they are most likely to occur, and plot this information on charts that are provided to the Sheriff which in turn can be provided to this command staff which coordinate to Patrol or Tactical Units.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 19.B.1.B.1-5.
Vote: 3 - 0

C.  Approval to rescind action on three (3) agenda items previously approved by Commissioners Court as detailed as follows:

     1.   AI#34170-CC approved -09/18/12 with Reyna Enterprises d/b/a for the Symantec backup for the support renewal;
     NO ACTION taken on this item.

     2.   AI#34039-CC approved -09/18/12 with CelleBrite USA Corp for the upgrading of existing software;
    NO ACTION taken on this item.

      3.   AI#34179-CC approved -10/16/12 with IBM Corporation for the annual subscription and support services.
     NO ACTION taken on this item.
 
 
C.
 
Pct. 4
 
1.
AI-34858
Presentation of the responsible vendor submitting the lowest and best bid (as detailed in tabulation sheet contained herein containing 3 bidders) and meeting all specifications and/or requirements for the purpose of award with approval of contract to Roy's Hauling for Request for Bids titled: Hidalgo County Precinct 4-"Pit Run Caliche Base" through project No.: 2012-103A-10-17-SGS.
 

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

Vote: 4 - 0 - Unanimously

 
2.
AI-35075
Requesting approval of a "professional engineering services" agreement with L&G ENGINEERING LABORATORY, LLC for: "Professional GEO Technical Services" (on an as needed basis) for projects located within Hidalgo County Precinct No. 4.
 

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

 
20.
 
Open Forum

-Opal Billman discussed her continued false imprisonment.
 
21.
 
Closed Session:

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to go into Closed Session.

Vote: 4 - 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-35047
EEOC Charge No. 451-2013-00146; Delma Cadena
 
D.
AI-35071
Hidalgo County vs Abraham Bello 
 
E.
AI-35073
Case No. 7:08-CV-195 United States of America v. 0.04 acres of land, more or less, situated in Hidalgo County, TX; and unknown owners, et al.
 
F.
AI-35049
Claim of Hector Loredo

 
G.
AI-35097
Hidalgo County v. Guerra Construction

NO ACTION taken on items 21.A through G.
 
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-35048
EEOC Charge No. 451-2013-00146; Delma Cadena

Refer to items 7.A.1 & 2.
 
D.
AI-35072
Hidalgo County vs Abraham Bello 

Valde Guerra, Executive Officer, disclosed to the Court that Travelers, the County's insurance carrier, will be segretating on behalf of the County.
 
E.
AI-35074
Case No. 7:08-CV-195 United States of America v. 0.04 acres of land, more or less, situated in Hidalgo County, TX; and unknown owners, et al.

Steve Crain, Legal Counsel,  mentioned that during Executive Session it was discussed for a joint motion for Order establishing just compensation. 

 

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

Vote: 3 - 0 - Unanimously

 
F.
AI-35050
Claim of Hector Loredo

Valde Guerra disclosed to the Court that the Firm has asked that IME's (Independent Medical Examination) be conducted. As per agreement with the firm, the IME's will exceed $500.00 and the County would take anything exceeding $500.00 in costs, over and above the initial agreement.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve the compromise settlement agreement and release as it pertains to Hidalgo County and Guerra Construction.

Vote: 3 - 0 - Unanimously

 
G.
AI-35099
Hidalgo County v. Guerra Construction

Valde Guerra disclosed that they have a compromise settlement agreement and release arising out of a mediation with Guerra Construction and requested action on said item.

Mr. Guerra further commented that all appropriate documentation will be properly executed and provided to all parties, Auditor's Office and the County Clerk's Office.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve the compromise settlement agreement and release as it pertains to Hidalgo County Vs. Guerra Construction.

Vote: 3 - 0 - Unanimously

 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
24.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on items 23 and 24.
 
25.
 
Adjourn
 

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

Vote: 3 - 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 6th day of November, 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 November 6, 2012.

Signed this _9th _ day of   November   2012




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


By: ____________________________
(Seal) Priscilla Torres, Deputy