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Minutes for CC REGULAR

SPECIAL MEETING - DECEMBER 18, 2012

BE IT REMEMBERED, that on this 18th day of December 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 JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

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
December 18, 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.
 
2.
 
Pledge of Allegiance
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer
Commissioner Quintanilla led the Court and Audience in Prayer.
Judge Garcia asked for a Moment of Silence in memory of the twenty six victims of Newtown, Connecticut and honored their family and survivors.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
At this time, the Court then took items 6.B, 16.A. and 17.A. out of order.
 
5.
 
Open Forum
-Frank Traver commented on the rail system and how it does not make any profit.
-Josie Leal thanked Commissioner Joseph Palacios for his assistance with Hoen Montecristo Subdivision.
-Dr. Gloria Vela requested to use Open Forum for Prayer.
-Opal Billman discussed her false imprisonment as a result for petition for divorce.
 
6.
 
County Judge's Office:
 
A.
AI-35663
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 for the County Judge to execute documents for the following County employees:

Rolando Benavides-Hidalgo County Emergency Management
Juan Martinez-Fire Marshal’s Office
Carlos Moreno-Right of Way
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

NO ACTION taken on this item.
 
B.
AI-35779
Resolution in support of UTB and UTPA merger
 

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

Vote: 4 - 0 - Unanimously

 
C.
AI-35835
Approval of Museum Funding Agreement between County of Hidalgo and Mission Historical Museum
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve in the amount of $40,000.00.

Vote: 4 - 0 - Unanimously

 
D.
AI-35845
Status and update on I-69 Alliance meeting held in Austin, Texas

NO ACTION taken on item 6.D.
 
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. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval as it pertains to 21.F. Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County.
Vote: 4 - 0

2. Requesting engagement with the firm of Atlas & Hall & Rodriguez 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. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval as it pertains to 21.F. Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County.

Vote: 4 - 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
Rick Sunday, Infrastructure Manager, and Oscar Garza, with the Purchasing Department informed the Court that the staff occupying the modulars would be needing additional room. Mr. Sunday and Mr. Garza clarified that this could be easily done by removing some none-weight bearing walls.

3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
 
C.
AI-35697
Approval to accept settlement check from Dairyland Insurance Company in the amount of $14,545.07 to settle auto accident claim with County vehicle. (Precinct) 
 

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

Vote: 4 - 0 - Unanimously

 
D.
AI-35699
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 by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
E.
AI-35556
Approval to process payment of claim from Sergio J. Sanchez, Attorney at Law totaling $ 6,400.00 (for invoice period Aug. 2008 - Nov. 2008) in connection with legal representation of indigent defendant, with authority for County Treasurer to issue payment after review and auditing procedures are completed by the County Auditor.
 

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

Vote: 4 - 0 - Unanimously

 
F.
AI-35828
Requesting approval to pay invoices to Bill McCarthy, attorney in the amount of $ 850.00 for representation of indigent defendants, with authority for County Treasurer to issue check after review and auditing procedures are completed by County Auditor
 

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

Vote: 4 - 0 - Unanimously

 
G.
AI-35843
Texas Agrilife Extension:
1.  Requesting permission to allow Brad Cowan to travel to Corpus Christi, Texas to attend a Retirement Reception on Dec. 20, 2012 (use of county vehicle/fuel only)
2.  Requesting permission to allow Barbara Storz to travel to Ben Bolt, Texas to attend the Grow'n Growers Class on Dec. 20, 2012
 

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

Vote: 4 - 0 - Unanimously

 
8.
 
Constables:
 
A.
AI-35841
Constable Pct. #1:
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY 2013 Grant with the Texas Ranger Division, Texas Department of Public Safety.
2. Approval of Resolution
3. Authorization for County Judge, as authorized official, to sign required documents
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 8.A.1-3.

Vote: 3 - 0 - Unanimously

 
B.
AI-35752
Constable Pct. 1:
Discussion, consideration and approval to appoint Douglas Montgomery as reserve deputy constable by Constable Celestino Avila Jr., Constable Precinct 1 in accordance with Texas Local Government Code 86.012. 

NO ACTION taken on this item.
 
C.
AI-35772
Constable Pct. #4:
1.  Authorization and approval to apply for the Local Border Security Program (LBSP) FY 13 Grant with the Texas Ranger Division, Texas Department of Public Safety.
2.  Approval of Resolution
3.  Authorization for County Judge, as authorized official, to sign required documents.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 8.C.1, 2 & 3.

Vote: 3 - 0 - Unanimously

 
D.
AI-35780
Constable Pct 4:
Discussion, consideration and approval to pay various employees (as listed on exhibit a) unallowable incurred overtime  under the Operation Stonegarden Grant from General Fund. 
 

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

Vote: 3 - 0 - Unanimously

 
9.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-35486
1. Requesting approval to apply for credit at Matt's Cash and Carry.
2. Requesting to authorize Noe Lopez (Office Manager) to sign credit application with Matt's Cash and Carry.

NO ACTION taken on items 9.A.1 & 2.

Valde Guerra, Executive Officer, informed the Court that he is working with the Facilities Management Department to place an item on the Agenda next week.
 
10.
 
Sheriff's Office:
 
A.
AI-35693
2012 Sheriff's Office (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY13 grant with the Texas Ranger Division, Texas Department of Public Safety.
2. Approval of Resolution.
3. Authorization for County Judge, as authorized official, to sign required documents.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 10.A.1, 2 & 3.

Vote: 3 - 0 - Unanimously

 
B.
AI-35751
DOJ-USMS- U.S. Marshal (1284):
1. Approval to accept overtime funding from the U.S. Department of Justice, U.S. Marshals Service for two (2) officers in the amount of $31,000.00.
2. Authorization to pay O/T reimbursable under grant terms and conditions. 
3. Approval of Certification of Revenues as certified by the County Auditor for the DOJ-USMS funding.
4. Approval to appropriate funds in the amount of $31,000.00 for USMS overtime funding.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 10.B.1-4.

Vote: 3 - 0 - Unanimously

 
C.
AI-35744
2012 Sheriff's Office (1284):
Approval of budget amendment to appropriate the grant award for $43,101.00.
 

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

Vote: 3 - 0 - Unanimously

 
D.
AI-35729
1. Authorization to purchase (4) Cell Phone Line additions through the County's membership/participation with Contract DIR-SDD-1780 through Sprint.

2. Authorization and approval of cell phone plan for the following:

Qty Plan Rate
4 Business Advantage Messaging & Data 200 $49.59*
4 Premium Data $10.00
     
  Total Cell Phones - 4  
  Estimated Montly Rate - $222.36  
  
*Mr. Ozuna clarified that the rate should read $45.49.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval with correction to read $45.59 and not $49.59.

Vote: 3 - 0 - Unanimously

 
E.
AI-35717
Sheriff's Office - Operation Stonegarden Grant (1284):
1. Authorization and approval to accept an extension for the 2010 Operation Stonegarden Grant (New termination date is 2/28/13) Prior grant termination date: 10/31/12.
2. Authorization and approval for County Judge, as authorized official to sign required documents.
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 10.E.1 & 2.

Vote: 3 - 0 - Unanimously

 
11.
 
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.
 
Discussion and approval of 1115 Waiver Documents and/or 1115 Waiver Plan

Mr. Olivarez discussed the 1115 Waiver.
 
C.
AI-35585
Health Administration (1293):
1.  Approval to appropriate the Health Administration Budget in the amount of $340,000.00 for the period of 01/01/2013 to 12/31/2013. 
2.  Approval of Salary Schedule.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve items 11.C.1 & 2.

Vote: 3 - 0 - Unanimously

 
D.
AI-35418
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 or before December 31, 2012.

Public Hearing will be held on
December 18, 2012 at 10: 30 AM
Edinburg Council Chambers
415 W University Drive
Edinburg, Texas

Mr. Eddie Olivarez introduced and acknowledged some of the Regional Health Team that helped put the 1115 Waiver together.

Judge Garcia Opened the Public Hearing.
There being no one  come forward, the Court Closed the Public Hearing.
 
E.
AI-35560
Requesting approval to submit grant application to JBS International.  The funding in the amount of $50,000.00 is for evidence-based projects that enhance disease prevention initiatives and improve health outcomes.

Mr. Olivarez informed the Court that there would not be any matching funds required for this item.
 

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

Vote: 3 - 0 - Unanimously

 
F.
AI-35572
Consideration and approval  of Contract for Outstationed Assigned Specialists in Health Care Facilities at:

1. Knapp Medical Center
2.Mission Hospital, Inc.
3. Rio Grande Regional Hospital
4. McAllen Hospitals LP (McAllen Medical Center & Edinburg Regional Medical Center)
5. Doctors Hospital at Renaissance
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 11.F.1-5.

Vote: 3 - 0 - Unanimously

 
12.
 
Facilities Management:
 
A.
AI-35743
Facilities Management:
Approval to process payment of claims from ARB Fire Protection in the amount of $16.00 for fire hose inspection services not being on contract (Invoice # 009038) with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
 

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

Vote: 3 - 0 - Unanimously

 
13.
 
Urban County - Diana Serna:
 
A.
AI-35600
1. Urban County Program is requesting approval of Amendment No. 1 to a Professional Engineering Service contract with LeFevre Environmental & Management Consulting, LLC for the Texas Department of Agriculture (TDA) Contract No. 711245. The Amendment will increase the contract amount of $44,000.00 by $8,219.00 for a total amount of $52,219.00 to be utilized for construction material testing.

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

2. Consideration and approval to authorize the County Judge to sign any and all documents associated with the TDA Contract No. 711245 (amendments, change orders, request for payments, etc.).
 

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

Vote: 3 - 0 - Unanimously

 
B.
AI-35692
Requesting authorization to dispose of Community Development Block Grant records for Program Years 1988 thru 2001.
 
C.
AI-35581
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for geotechnical and construction material testing.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) testing firms from the county’s approved “pool” as graded and evaluated by the City of Weslaco, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 24 (2011) City of Weslaco, Water/Sewer Improvements project.
Professional Service Firm Grade Ranked
RABA Kistner Constultants, Inc. 96.33%  1
Terracon Consulting Engineers 93.67%  2
Professional Services Industries, Inc. 92.67%  3

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval, in the order of their rank.
Vote: 3 - 0

3. Authority to negotiate a professional engineering service contract with the highest ranked firm of   RABA Kistner Consultants, Inc. for geotechnical and construction material testing for Urban County Program Year 24 (2011) City of Weslaco, Water/Sewer Improvements project.
 

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

Vote: 3 - 0 - Unanimously

 
D.
AI-35557
Urban County Program, on behalf of the City of Sullivan City, is requesting consideration and action to award and enter into a construction contract with 2GS, LLC. for the 2004/05/12 Street Improvements project in the amount of $271,796.25, utilizing funds from UCP Year 17, 18, & 25 (2004, 2005, & 2012), Urban County Sullivan City Street Improvements line item.
 

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

Vote: 3 - 0 - Unanimously

 
14.
 
Right of Way - Joe Pena:
 
A.
AI-35722
Ratification of the Earnest Money Contract approved by Commissioners' Court on October 30, 2012 (AI 34911). (Pct.4 Drainage Project, Lot 19 Hoehn Drive Subdivision.)
 

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

Vote: 3 - 0 - Unanimously

 
B.
AI-35758
Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.023 and 262.024 (a)(6).  (Lot 19 Hoehn Drive Subd. Pct 4 Drainage Project)
 

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

Vote: 3 - 0 - Unanimously

 
C.
AI-35762
Authorization to issue a check  to Valley Land & Title Company in the amount of $16,844.52 for the closing of this parcel on the above-mentioned project after review and auditing procedures are completed by County Auditor. (Hoehn Drive S/D Lot 19) Pct. 4
 

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

Vote: 3 - 0 - Unanimously

 
15.
 
Planning Department - Raul Sesin:
 
A.
AI-35579
1. Preliminary Approval
a. Moreno Subdivision Phase 3 – Pct. 4 (Esperanza Moreno)

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0


2. Final Approval
a. Texas Estates Subdivision – Pct. 4 (Kyndel Bennett)
b. Mayrin Subdivision – Pct. 4 (Martin Villanueva)
c. La Homa Crossing Phase I Subdivision – Pct. 3 (Manuel Cantu Jr.)
d. Rivera Properties Subdivision – Pct. 4 (Mario Rivera)

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 15.A.2.a-d.
Vote: 3 - 0


3. Final Approval with Financial Guarantee
a. Sandra’s Village Subdivision – Pct. 3 (Heriberto Solis)
 

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

Vote: 3 - 0 - Unanimously

 
16.
 
Precinct #1 - Comm. Quintanilla:
 
A.
AI-35436
Resolution in honor of Texas State Representative Aaron Pena Jr.
 

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

Vote: 4 - 0 - Unanimously

 
17.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-35491
Resolution in Honor of Luis Flores
 

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

Vote: 4 - 0 - Unanimously

 
18.
 
Budget & Management - Sergio Cruz:
 
A.
AI-35767
Cost of Living Adjustment (COLA):
1. Discussion, consideration and approval to apply the 3% Cost of Living Adjustment (COLA) for all county employees effective on December 31, 2012 or in the alternative;

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

2. Discussion, consideration and approval to apply the 3% Cost of Living Adjustment (COLA) for all county employees effective on January 14, 2013 (pay period 3 of year 2013). 

NO ACTION taken on this item.
 
B.
 
Budget Appropriations:
 
1.
AI-35672
Public Defense (1100):
a. Approval of certification of revenues as certified by the Co. Auditor for Indigent Defense Grant#212-10-108 Equalization Disbursement Revenue.
b. Approval of 2012 appropriation of funds into Public Defense in the amount of $467,710.00 to fund legal services expenditures (i.e. attorney vouchers).
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve items 18.B.1.a & b.

Vote: 3 - 0

 
2.
AI-35688
Pct. #3 Drainage Improvement (1200):
a. Approval of certification of revenues, as certified by Co. Auditor for revenues received from the Texas Department of Transportation (TXDOT) for the sale of parcels 12 & 13 located in FM 681 (from SH 107 to FM 681 @ FM 2221).

b. Approval of 2012 appropriation of funds into Pct. 3 Drainage Improvement Project (fund 1200, program #049) in the amount of $296,053.00 to fund anticipated capital asset purchases. 
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 18.B.2.a & b.

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-35604
Acceptance and approval of Contract #C-12-130A-12-18 with Elite Transportation (bid awarded by CC on 11/27/12) for the provision of: Hidalgo County Dead Body Pickup and Transport Services-RFB No.: 2012-130A-10-03-SMA.
 

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

Vote: 3 - 0 - Unanimously

 
4.
AI-35514
Acceptance and approval of an amendment to Contract #C-11-201-11-29 with G.A.S. Enterprises Inc. (as approved by cc on 11/29/11) for the Construction Management Services for the "Design and Construction Of A New Constable Building For Precinct No. 1" for the purposes of extending the agreement including the revised "Payment Schedule".
 

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

Vote: 3 - 0 - Unanimously

 
5.
AI-35842
A.  Approval of an exemption from competitive bidding requirements under TxLGC 262.024(a)(6)....land or right of way;
 
On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve the exemption.
Vote: 3 - 0


B.  Requesting approval of a short term lease agreement (for 181 days) between Hidalgo County and Patriot Bank (Houston, Tx) of 9K square feet @ $1.25/square foot for the purpose of the temporary housing of Hidalgo County's Urban County Program subject to legal review and insurance and all requirements being submitted and met by the Lessor (Patriot Bank) with lease commencing January 01, 2013.
 

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

Vote: 3 - 0 - Unanimously

 
B.
 
Pct. 2
 
1.
AI-35546
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional (engineering) services;

On motion byCOMMISSIONER, PCT. 2 HECTOR QUINTANILLA, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve the exemption.
Vote: 3 - 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 (on call);
 
Total Scores R.E. Garcia Rio Delta Engineering R.E. Gutierrez Engineering
Evaluator 1 92 90 100
Ranking  2

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve in the order of the scores. 
Vote: 3 - 0

c. Authority for the Purchasing Department to negotiate a professional (Engineering Services) contract with the No. 1 ranked firm of    R.E. Gutierrez Engineering    for the provision of professional engineering services (On Call). 
 
 

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

Vote: 3 - 0 - Unanimously

 
2.
AI-35630
Requesting approval of Supplemental Agreement No.1 for R. Gutierrez Engineering Corp., Contract #C-11-310-01-24 resulting in an estimated cost increase of $5,000 for services under Work Authorization No. 5 for Minnesota Drain Project.
 

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

Vote: 3 - 0 - Unanimously

 
3.
AI-35736
a. Requesting approval to increase PO #683499 in the amount of $19,918.97 for proposed Baseball Park Lighting Project in Lopezville Pct. 2. Proposed increase will add additional lighting for Walking Trail in same location to Project #12-274-OGG.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

b. Consideration and approval of an “Irrevocable Directive of Draw Proceeds/Disbursement Agreement” as required (as a condition precedent to issuing Payment & Performance bonds) by bonding company, Insurers Indemnity Company, contract surety for Herrera and Hunt, Inc for: “Baseball Park Lighting Project in Lopezville Pct. #2” (approved by Commissioners' Court on October 30, 2012 AI #34978)and thus directing all contract funds to Aacon, Inc., disbursement agent located at 624 West University Dr., PMB #238, Denton, TX 76201-1889 for: Herrera and Hunt, Inc. and as further specified/detailed document (s) attached herein.
 
 

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

Vote: 3 - 0 - Unanimously

 
C.
 
Tax Office
 
1.
AI-35691
a.  Requesting approval by Hidalgo County Commissioner's Court of exceptions to Hidalgo County Purchasing Policies & Procedures' (Chapter/Article 8.02.01) that requires at least three (3) quotes (verbal or telephone) for requisitions of $1K but less than $5K and demonstrating the department's "due diligence" in complying with the HCPP&P including authority to issue payment(s) to vendor, Pitney Bowes for the Hidalgo County Tax Office;
 
On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

b.  Acceptance and approval of Invoice #s 426154(dated 10-01-12) for $1,178.00 (PO #682981) and #412764 (dated 8-01-12) for $1,702.40 (PO #682980) from Pitney Bowes in connection to yearly repair & maintenance agreements for two (2)out of the three (3) Pitney Bowes for the stand alone folder and the folder inserter;

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

c.  Requesting approval of an exemption from competitive bidding requirements under TxLGC 262.024(a)(7)(A): an item that can only be obtained from one source due it's proprietary nature;

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote of approval of the exemption.
Vote: 3 - 0 

d.  Approval of the Sole Source Declaration with authority to purchase yearly repairs & maintenance agreements for the present machines at the Tax Office and/or any other such machines in Hidalgo County for as long as machines are owned and used. 
 
 

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

Vote: 3 - 0 - Unanimously

 
D.
 
Sheriff's Office
 
1.
AI-35441
Presentation of RFSQ received from Commercial Kitchen as further detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for RFSQ titled: Hidalgo County Sheriff's Office-" Maintenance & Repair of Kitchen Equipment and Appliance" through project No.: 2012-186A-MEG
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS 

, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
E.
 
Auditor's Office
 
1.
AI-35522
a.  Requesting clarification and approval to amend the Sole Source Declaration (previously approved by CC on December 20, 2011-AI#30195) with Weidenhammer Systems Corporation for the continuous services of the Alio maintenance and support agreement services as well as any future purchases of equipment, license, software, maintenance and support services for Auditor's Office  Alio in place through the life term of the equipment/software/hardware/maintenance/support services in place; and

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0

b.  Approval to pay the annual maintenance and support renewal fees in the amount of $38,270.00 for fiscal year 01/01/13-12/31/13 including the signing of required documents by County Judge or Court Member.
 
 

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

Vote: 3 - 0 - Unanimously

 
20.
 
Closed Session:

On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 2 HECTOR 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-35704
Claim of Baldemar Moreno 
 
D.
AI-35719
 Claim of Maria A. Alvarez & Miguel Alvarez, Jr.
 
E.
AI-35781
Claim of Jose Villela 
 
F.
AI-35786
Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County

NO ACTION taken on this item.
 
21.
 
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-35705
 Claim of Baldemar Moreno
 

On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve in the amount of $205.68.

Vote: 3 - 0 - Unanimously

 
D.
AI-35720
Claim of Maria A. Alvarez & Miguel Alvarez, Jr. 
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve in the amount of$7,500.00, with a check made payable to Maria A. Alvarez for $6,475.00 and a check made payable to Miguel Alvarez, Jr. for $1,025.00.

Vote: 3 - 0 - Unanimously

 
E.
AI-35783
Claim of Jose Villela 
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve in the amount of $2,500.00, with proceeds to go to Jose Villela and Lonchar & Associates.

Vote: 3 - 0 - Unanimously

 
F.
AI-35787
Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County

Refer to item 7.A.1 & 2.
 
22.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
23.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.

Commissioner Hector Palacios wished the Court, County Employees and the public a Merry Christmas.

Valde Guerra, Executive Officer, reminded the Court that the next Commissioners' Court Meeting will be on Friday, December 28, 2012.
 
24.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, 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 18th day of December, 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 December 18, 2012.

Signed this   28   day of   December   2012




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


By: ____________________________
(Seal) Priscilla Torres, Deputy