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Minutes for CC REGULAR

SPECIAL MEETING - JANUARY 8, 2013

BE IT REMEMBERED, that on this 8th day of January A.D., 2013, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:

HONORABLE RAMON GARCIA

HONORABLE A.C. CUELLAR, JR.

HONORABLE HECTOR "TITO" PALACIOS

HONORABLE 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
January 8, 2013
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 Flores.
 
2.
 
Pledge of Allegiance
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer
Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
 
Open Forum
-Opal Billman expressed concerns as a result from a divorce court case in the 275th District Court pertaining to her property.
-Virginia Townsend asked the Court to bring back the Step & Grade and disagreed with departments coming back in the new year for increases.
-Lydia Jefferies asked for assistance in repairing her home.
 
6.
 
County Judge's Office:
 
A.
AI-36058
Resolution in honor of Humberto Garza
 

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

Vote: 4 - 0 - Unanimously

 
B.
AI-36125
Recognition of 2012 Leo Najo Hall of Fame Inductees

Karina Cardoza read the Resolution into the Record.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
C.
AI-36123
Presentation on Hidalgo County Employee Christmas Toy Drive and Recognition of Partners.

Karina Kardoza thanked everyone who participated in the Toy Drive and provided a short video of the recepients of the gifts.
 
D.
AI-36191
Recognition of Jesse Trevino from McAllen

NO ACTION taken on this item.
 
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 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the exemption as it pertains to item 26.H.-C-4070-12-F; Maricela Gutierrez v. County of Hidalgo and Joel Quintanilla.
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. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to item 26.H.-C-4070-12-F; Maricela Gutierrez v. County of Hidalgo and Joel Quintanilla.

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
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on items 7.B.1, 2 & 3.
 
C.
AI-36189
Child Protection Court:
1. Approval to create one (1) regular full-time Administrative Assistant III position, Slot No. 0002, budgeted salary $32,769.00.
2. Approval of revised salary schedule.
3. Approval of interdepartmental transfer.
 

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

Vote: 4 - 0

 
D.
AI-36121
1. Approval to accept settlement agreement from Travelers Insurance in the amount of $22,775.65 to settle total loss auto accident with County vehicle. (Constable P4)

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.  
Vote: 4 - 0

2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Power of Attorney forms for title purposes to settle auto claim with Travelers Insurance Company.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
E.
AI-36153
1. Approval to accept settlement agreement from Lindsay General Insurance Agency in the amount of $17,074.76 to settle auto accident with County vehicle. (Precinct 4)

2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Property Damage Agreement form to settle auto claim with Lindsay General Insurance Agency. 
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 7.E.1 & 2.

Vote: 4 - 0 - Unanimously

 
F.
AI-36003
Approval to accept settlement check from Travelers Insurance Company in the amount of $8,051.00 for a total loss auto accident with County vehicle.  (Sheriff Office) 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
G.
AI-36109
Environmental Compliance:
Requesting approval to authorize Ms. Erin Guerra to be appointed to a volunteer intern position to assist with environmental compliance activities
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
H.
AI-36132
Texas A&M AgriLife Extension Service:
Requesting approval of revised Application For Official Travel, previously approved by court on 12/28/12 requesting an additional night hotel stay for Barbara Storz
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
I.
AI-36122
Requesting permission/approval of travel for Armando Guzman to attend the MSW B Supervisor Course to be held in Denton, Texas on February 11-14, 2013.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
J.
AI-36185
Approval of Field Agreement among USDA, Animal and Plant Health Inspection Service, Wildlife Services and Texas AgriLife Extension Service-Wildlife Services and Texas Wildlife Damage Management Association, Inc. and Hidalgo County
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
8.
 
Constables:
 
A.
AI-36108
Constable Precinct No. 2:
Discussion, consideration, and approval to appoint Deputy Constables by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.011 as follows:

Armando Campos Senaida Alonzo
Carlos Elizondo Fernando Gaitan
Roberto Perez Juan Arenas
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-35998
Constable Precinct No. 3:
1. Discussion, consideration, and approval to appoint the below listed persons as Deputy Constables by Constable Lazaro Gallardo, Jr., Constable Precinct 3 in accordance with Texas Local Government Code Section 86.011:

Horaldo Sanchez Georgina Bermudez
Eldon Dunn Rodolfo Trevino
Dan Broyles Rafael Ochoa
Joel Contrereas Ruben Salinas
Selena Garza Reynaldo Trevino
Reynaldo Reyna Richard Flores
Victor Javier Rodriguez Santos Alanis
Miguel Zamora Leroy Ortiz
Hugo Rangel  

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

2. Discussion, consideration, and approval to appoint the below listed persons as Reserve Deputy Constables by Constable Lazaro Gallardo, Jr., Constable Precinct 3 in accordance with Texas Local Government Code Section 86.012:

Howard Hawbaker Alfredo Saldana
Miguel Rodriguez Antonio Pena
James Olivarez Leonardo Longoria
Juan Alvarez  
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
C.
AI-35882
Constable Precinct No. 4:
1. Discussion, consideration, and approval to appoint the below listed persons as Deputy Constable by Constable J.E. "Eddie" Guerra, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.011.

Joel Rivera David Garza Jr.
Aaron Moreno Teodoro Lemus
Michael Anzaldua Albert A. Collins
David T. Sanchez Romeo Pena Jr.
Martin B. Brown Roy Quintanilha (non-paid /full time)
Carlos Gonzales Oscar Montoya (non-paid/full time)
Raul Salinas Jr. Charles Yoder (non-paid/full time)
Joaquin Vasquez Colin B. Ashburn (non-paid/full time)
Robert Lugo Jr.  Francisco J. Guerrero (non-paid/full time)

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the listed persons as Deputy Constables, with the exception of Charles Yoder, Colin B. Ashburn and Francisco J. Guerrero. 
Vote: 4 - 0

2. Discussion, consideration, and approval to appoint the below listed persons as Reserve Deputy Constable by Constable J.E. "Eddie" Guerra, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.012.

William Blake Sutton Marcos Perez
Lee P. Foster Homer Garza
Peter L. Palmer Rene Parrao
James Moon Mario Martinez
Robert Vela Jr. Sergio Reyes
Dwight F. Yoder Lorenzo Ortiz Jr.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to appoint Charles Yoder, Colin B. Ashburn, Francisco J. Guerero and the listed individuals as Reserve Deputy.

Vote: 4 - 0 - Unanimously

 
9.
 
District Courts:
 
A.
AI-35883
398th District Court:
Approval to pay Shana Lively, 398th District Court Reporter, the amount of $200.00 in relation to reimbursement of registration fees for continuing education online courses paid with personal funds with authority for County Treasurer to issue check after review, audit, and processing procedures are complete by County Auditor.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
10.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-36084
1.  Approval of auto allowance in the amount of $900.00 each for slots 009, 101 & 102.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

2.  Approval of interdepartmental transfer.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

3.  Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-36110
District Attorney's Office (1100):
1.  Approval of the following personnel actions:

Action Slot No. Position Title Budgeted Salary
Create  0105 Assistant District Attorney II $56,500.00
Authorize Allowance $900.00
Create  0106 Administrative Assistant II $29,200.00

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

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 10.B.1, 2 & 3.

Vote: 4 - 0

 
C.
AI-36062
Approval to rescind, effective today, the collection of the $2.00 administrative fee being collected under the Code of Criminal Procedure Art. 102.072 "Administrative Fee" by the Hidalgo County Sheriff's Office on cash bonds.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to rescind the collection of the $2.00 fee, based on recommendation of Rene Guerra, District Attorney.

Vote: 4 - 0 - Unanimously

 
11.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-36170
County Clerk (1100):
1.   Approval to create the following full-time positions, effective 01/08/2013:

Slot No. Position Title Budgeted Salary
0074 Deputy County Clerk I $26,014.00
0075 Deputy County Clerk I $26,014.00

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

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 11.A.1, 2 & 3.

Vote: 4 - 0 - Unanimously

 
B.
AI-36076
Requesting approval of 2013 Elected Official Bonds:
1. SERGIO VALDEZ - Judge, County Court at Law No. 7
2. JOSE M. FLORES - County Commissioner, Precinct No. 3
3. ROBERT M. CONTRERAS - Justice of the Peace, Precinct No. 2 Place 1
4. CHARLIE ESPINOZA - Justice of the Peace, Precinct No. 4 Place 1
5. CELESTINO AVILA JR.-Constable, Precinct No. 1 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 11.B.1-5, with the correction on B.2. to read payable to the Hidalgo County Treasurer.

Vote: 4 - 0 - Unanimously

 
12.
 
District Clerk - Laura Hinojosa:
 
A.
AI-36068
1.  Discussion, consideration and approval to create one (1) full-time Deputy District Clerk position, slot 0075, budgeted salary $25,256.00, effective upon commissioners court approval.
2.  Approval of interdepartmental transfer 
3.  Approval of revised salary schedule
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 12.A.1, 2 & 3.

Vote: 4 - 0 - Unanimously

 
13.
 
Tax Office - Armando Barrera:
 
A.
AI-35488
Resolution honoring Armando Barrera, Jr. on his retirement

Karina Cardoza read the Resolution into the Record.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
14.
 
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

NO ACTION taken on this item.
 
15.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-36116
Discussion, consideration, and action regarding the re-instatement of the Linn-San Manuel Fire Department Rural Emergency Services Contract
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval, effective January 15, 2013.

Vote: 4 - 0

 
16.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-36111
Requesting approval to pay the following claim/invoice with authority for County Treasurer to issue check after review and auditing procedures are completed by the County Auditor:
Vendor Invoice # Amount
Copy Graphics, Inc. (Vendor #78174)  132098  $180.00
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
17.
 
Urban County - Diana Serna:
 
A.
AI-36077
Urban County Program – CDBG (1288)
1.  Discussion, consideration, and approval of the following personnel actions, effective January 8, 2013.

Action Slot No. Position Title Budgeted Salary
Delete 0007 Compliance Monitor 49,834.00
Create 0031 Monitor III 52,002.00

2.  Approval of revised salary schedule.

NO ACTION taken on items 17.A.1 & 2.
 
B.
AI-35955
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional architectural services.

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the exemption.
Vote: 4 - 0

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) architectural firms from the county’s approved “pool” as graded and evaluated by the City of Peñitas, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 25 (2012) City of Peñitas Public Facility Improvements.
Professional Service Firm Grade Ranked
Alcocer Garcia Associates, Inc 97.00  1
IDE*A Group, LLC. 91.67  2
Mata-Garcia Architects, LLC 91.34  3

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve in the order of their scores.
Vote: 4 - 0

3. Authority to negotiate a professional architectural service contract with the highest ranked firm of for the provision of architectural services for Urban County Program Year 25 (2012) City of Peñitas Public Facility Improvements.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve with Alcocer Garcia Associates, Inc.

Vote: 4 - 0 - Unanimously

 
C.
AI-35920
1. Hold a Public Hearing to consider public comments for Urban County Program’s (UCP) substantial amendment to its HOME Program’s Annual Allocation for Fiscal Year 25 (2012). The proposed amendment will decrease the HOME Programs Fiscal Year 25 (2012) by $367,858. The reduction is due to the U.S. Department of Housing and Urban Development (HUD) approving the County’s request for a waiver. The following reflects what was requested and the actual allocation: 
 
Requested Home Allocation     Actual Home Allocation  
Administration $180,215   Administration $143,429
Rehab Program   971,936   Rehab Program   640,864
Homebuyer Program     50,000   Homebuyer Program     50,000
CHDO Program   600,000   CHDO Program   600,000
         
TOTAL $1,802,151   TOTAL $1,434,293
              

Judge Garcia Opened the Public Hearing.
-Diana Serna requested a reduction in funding and provided the Court further clarification.
-Virginia Townsend requested clarification on this item.
Judge Garcia Closed the Public Hearing.

2. Requesting approval of a budget and program substantial amendment for Urban County Program’s HOME Program Fiscal Year 25 (2012) Annual Allocation. The proposed amendment will decrease the proposed annual allocation by $367,858.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
D.
AI-35929
The Urban County Program on behalf of the City of Weslaco is requesting approval and award of best and final negotiated contract with LeFEVRE Environmental & Management Consulting, LLC in the amount of $47,216.00 utilizing CDBG FY 20, 21 23 & 24 (2006, 2008, 2010 & 2011) Water/Sewer Improvements project.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
E.
AI-35951
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional architectural services.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption.
Vote: 4 - 0

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) architectural firms from the county’s approved “pool” as graded and evaluated by the City of Peñitas, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 25 (2012) City of Peñitas Parks, Recreational Facilities.
Professional Service Firm Grade Ranked
Alcocer Garcia Associates, Inc. 97.00  1
IDE*A Group, LLC. 91.67  2
Mata-Garcia Architects, LLC. 91.34  3

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve in the order of their scores.
Vote: 3 - 0

3. Authority to negotiate a professional architectural service contract with the highest ranked firm of for the provision of architectural services for Urban County Program Year 25 (2012) City of Peñitas Parks, Recreational Facilities.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
18.
 
Right of Way - Joe Pena:
 
A.
AI-36112
Approval to modify the Realignment a portion of Alberta Road from 80' to 50' on the Hidalgo County Metropolitan Planning Organization Thoroughfare Plan.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
19.
 
WIC - Norma Longoria:
 
A.
AI-36120
March of Dimes (1292):
Approval to accept the No-Cost extension for 2012 Community Award letter through December 31, 2013 from the March of Dimes.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
20.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-36142
Ratification of Appointments to the following Civil Service Exempt Key Positions in Precinct 1, effective January 2, 2013:
1. Executive Assistant for Community and Intergovt. Relations (R&B Slot No. 0001 - Functional Title - Chief Administrator)Raul Homero Lozano

2. Director of Management Support (R&B Slot No. 002 - Functional Title - Same) - David Rodriguez

3. Director of Road & Bridge (R&B Slot No. 0091 - Functional Title - Director, Field Operations) - Oscar Garcia

4. Approval of Title Change only as follows:
  
Department Slot No. From To
Rd. Maint. 0001 Executive Asst. for Community & Intergovt. Relations Chief Administrator
Rd. Maint. 0091 Director of Road & Bridge Director, Field Operations

5. Approval of Revised Salary Schedule.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 20.A.1-5, with correction on Department Title from Road Maintenance to Administration.

Vote: 4 - 0 - Unanimously

 
21.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-36124
Pct. 2 (1200):
Approval of the following personnel actions for 2013 Budget Year:
1. Delete the following positions:

Department Slot No. Position Title Budgeted Salary
Road Maintenance 0009 Assistant Field Operations Director $  40,765.00
Administration 0005 Executive Assistant $  70,298.00
    Total $111,063.00
 
2. Create the following position:
 
Department Slot No. Position Title Budgeted Salary
Road Maintenance 0090 Director, Field Operations $79,750.00
    Total $79,750.00

3.  Approval of interdepartmental transfer.
4.  Approval of the revised salary schedule.

NO ACTION taken on items 21.A.1-4.
 
22.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-36117
Requesting authorization for appraisal, appraisal review, survey, metes and bounds, title report and acquisition of right of way for the expansion of Mile 22 1/2 Road.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
23.
 
Budget & Management - Sergio Cruz:
 
A.
 
Salary Schedule Changes:
 
1.
AI-36079
DA State Supplement (1281):
a.  Approval of revised salary schedule for AI 36006 as approved by Commissioners Court on 1/1/2013.
b.  Approval of interdepartmental transfer (AI 36006).
 
2.
AI-36094
Juvenile Department- Probation (1100)/ TJJD (1294):
Approval of revised salary schedules for AI 36040 as approved by Commissioners Court on 1/1/2013.
 
3.
AI-36092
Agrilife- TX Citrus Mutual (1287):
Approval of revised salary schedule for AI 36036 as approved by Commissioners Court on 1/1/2013.
 
4.
AI-36089
IT Department (1100):
a. Approval of revised salary schedule for AI 36035 as approved by Commissioners Court on 1/1/2013.
b. Approval of interdepartmental transfer (AI 36035).
 
5.
AI-36091
Elections (1100):
a. Approval of revised salary schedule for AI 36032 as approved by Commissioners Court on 1/1/2013.
b. Approval of interdepartmental transfer (AI 36032).
 
6.
AI-36088
Co Clerk Record Archive (1100):
Approval of revised salary schedule for AI 36028/ 9. A as approved by Commissioners Court on 1/1/2013.
 
7.
AI-36134
Pct 2 (1200):
Approval of revised salary schedule for AI 36038 as approved by Commissioners Court on 1/1/2013.
 
8.
AI-36137
Pct 3 (1200):
Approval of revised salary schedule for AI 36039 as approved by Commissioners Court on 1/1/2013.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 23.A.1-8.

Vote: 4 - 0 - Unanimously

 
9.
AI-36155
a. Approval to reset the salary for the following position promoted after the adoption of the 2013 Budget and in accordance with the Classification and Compensation pay plan before its suspension. Proposed salary to be effective 1/1/13:

Department
Slot#
2013
Position Title
Budgeted
Salary
Proposed
Salary
Variance
 080-002 0099  Criminal Investigator II $52,002 $53,822 $1,820

b. Approval of interdepartmental transfers.

c. Approval of revised salary schedules.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 23.A.9.a, b & c.

Vote: 4 - 0 - Unanimously

 
24.
 
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 24.A.1 & 2.a, b & c.
 
B.
 
IT Department:
 
1.
AI-35870
Authorization for the use of the County's Justice Court Technology Fund for purchase of equipment, software, services and other related items for the County Constables offices as an extension of their role in supporting the offices of Justices of the Peace.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval, subject to providing a list of the purchase items.

Vote: 4 - 0 - Unanimously

 
C.
 
Colonia Access Program Pct. 2
 
1.
AI-35562
a.  Acceptance, and approval of final construction contract #C-CAP-12-207-10-23 (awarded CC-10-23-12) for Val-Bar Subdivision Project between Hidalgo County and REIM Construction Inc.  in the amount of $103,429.61 as submitted through project engineer, R. Gutierrez Engineering Corp.;

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

b. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
D.
 
Colonia Access Program Pct. 3
 
1.
AI-35945
Pursuant to Article 3 of Legal Notice to Bidders requesting approval to reject all bids submitted for the following projects:

a.  CAP-12-283-11-28-YSI Road & Drainage Construction for Ramirez, Ramirez II, & Ramirez III Subdivisions;
b.  C-12-284-11-28-YSI Road & Drainage Construction for Randolph Barnett I Subdivisions;
c.  CAP-12-285-11-28-YSI Road & Drainage Construction for Regal Estates Subdivision.
 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to reject the Bids for items 24.D.1.a-c.

Vote: 4 - 0 - Unanimously

 
25.
 
Closed Session:
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., 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-36049
Claim of Graciela Sanchez 
 
D.
AI-36052
Claim of Mayra Garcia 
 
E.
AI-36175
Claim of Angelica Hernandez 
 
F.
AI-35832
Claim of Alberto Martinez
 
G.
AI-36127
Claim of Edinburg Real Estate Network
 
H.
AI-36114
C-4070-12-F; Maricela Gutierrez v. County of Hidalgo and Joel Quintanilla
 
I.
AI-36166
EEOC Claim No. 31C-213-00121
 
J.
AI-36172
Balderas v Hidalgo County; 7:12-cv-00042

NO ACTION taken on items 25.A-J.
 
26.
 
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-36050
Claim of Graciela Sanchez 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $250.00.

Vote: 4 - 0 - Unanimously

 
D.
AI-36053
Claim of Mayra Garcia 
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $7,371.49 for the property claim.

Vote: 4 - 0

 
E.
AI-36176
Claim of Angelica Hernandez 
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the settlememt offer in the amount of $11,755.59 for the property claim.

Vote: 4 - 0 - Unanimously

 
F.
AI-35833
Claim of Alberto Martinez

Valde Guerra informed the Court that Ms. Josie Ramirez will be facilitating this claim.
 
G.
AI-36128
Claim of Edinburg Real Estate Network

Valde Guerra informed the Court that he will continue to work with Ms. Josie Ramirez o this item.
 
H.
AI-36115
C-4070-12-F; Maricela Gutierrez v. County of Hidalgo and Joel Quintanilla

Refer to item 7.A.1 & 2.
 
I.
AI-36171
EEOC Claim No. 31C-213-00121

Valde Guerra informed the Court that they will be participating in the mediation process.
 
J.
AI-36173
Balderas v Hidalgo County; 7:12-cv-00042

Proceed as directed.
 
27.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
28.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
29.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to Adjourn.

Vote: 4 - 0 - Unanimously

There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 8th day of January, 2013

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 January 8, 2013.

Signed this   11th   day of   January   2013




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


By: ____________________________
(Seal) Priscilla Torres, Deputy