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Minutes for CC REGULAR

SPECIAL MEETING - JANUARY 29, 2013

BE IT REMEMBERED, that on this 29th 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 JOE M. FLORES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

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 29, 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 Joseph Palacios.
 
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
-Bobby Villareal informed the Court of an Alliance I-69 Briefing, Texas Transportation Forum and RGV Day meetings/receptions to be held in Austin.
-Virginia Townsend expressed concerns on Salary Increases and the start time of the Commissioners' Court and Drainage District Meetings.
-Opal Billman discussed her community property and possible of use of her Irrigation Lake.
-Lydia Jefferies expressed concerns on damages done to her home while under repairs.
 
6.
 
County Judge's Office:
 
A.
AI-36549
1. Report from the Rio South Texas Economic Council

Presentation by Alma Colleli, from the Rio South Texas Economic Council; Steve Ahlenius, from the McAllen Chamber of Commerce; and Keith Patridge from the McAllen Economic Development Corporation, in which they discussed various activities used to invest in job creation in South Texas in order to attract and keep more business in the valley.


2. Discussion and approval of the service agreement for Rio South Texas Economic Council pursuant to LGC Sec. 381.004

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

3. Approval of 2013 Membership Dues for the Rio South Texas Economic Council in the amount of $30,000.00 with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-36585
Acceptance of appointment to the Board of Building Adjustments
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the appointment of Linley Almaguer to the Board of Building Adjustments.

Vote: 4 - 0

 
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."

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

NO ACTION taken on items 7.A.1 & 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
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-36638
Right of Way:
Requesting permission to allow Jose N. Pena to travel to Fort Worth, Texas to attend the IRWA Region 2 Winter Forum on Feb. 06-08, 2013 (employee to pay travel expenses)
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
AI-36383
Texas A&M AgriLife Extension Service:
1.  Requesting permission to allow Christina L. Perez travel to San Antonio, Texas on February 20-22, 2013 to attend the 2013 San Antonio Stock Show & Rodeo.

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

2.  Requesting permission for Barbara Storz travel to Austin, Texas on February 13-14, 2013 to attend the Legislative Briefing on Urban Program Impacts.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
E.
AI-36630
Veterans Services:
Requesting permission to allow Emilio De Los Santos to travel to Austin, Texas to attend the 15th Annual Veterans Summit on Feb. 11-13, 2013
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
F.
AI-36508
Request permission by the Edinburg Chamber of Commerce to use the county square for the 45th Annual Fiesta Edinburg Celebrations on Saturday, February 23, 2013  
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
G.
AI-36601
Discussion and possible action on an Order authorizing the Resale of Foreclosed Real Estate Properties pursuant to Texas Property Tax Code Section 34.05 (a), (c) and (d).

Presentation by John David Franz, during which time he recommended a Sheriff's Tax Sale. Mr. Franz explained that Exhibit A consisted of nine properties that did not sell @ 20% on the last Tax Sale and is now requesting authority to sell them @ 10%. Exhibit B consists of twenty-one properties to be sold @ 35%. 
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve Exhibit A @ 10% of the appraised value for nine properties and Exhibit B @ 35% of the appraised value for twenty-one properties.

Mr. Eufracio, County Auditor, asked Judge Garcia if Perdue Brandon Law Firm could also post on their website all of the other properties that are going for sale the first time around, those that normally sell on the Courthouse steps. Mr. Franz commented that they could work with the County on the cases that they are lead attorney's on for Hidalgo County. Judge Garcia requested that even if the Perdue Brandon Law Firm are not the lead attorney's and the County has an interest in this, that it be placed ont he County's website if it is not possible to place these properties on the Perdue Brandon website.

Vote: 4 - 0

 
H.
AI-36587
1. Approval to accept settlement agreement from TML Intergovernmental Risk Pool in the amount of $1,079.60 for property damages to a County vehicle. (Sheriff Office) 

2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Property Damage Release form to settle property damage claim with TML Intergovernmental Risk Pool. 
 

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

Vote: 4 - 0 - Unanimously

 
I.
AI-36576
Approval to accept settlement check from Travelers Insurance Company in the amount of $22,775.65 for a total loss auto accident with County vehicle. (Constable P4)
 

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

 
J.
AI-36652
Discussion and action regarding the use of the vacant Restitution Center Bldg. located on "M" Rd. to house the Pct. 4 shop operations and related personnel

Valde Guerra for the Record:The previous project did not work out. I am asking the Court  to accept or put on the record that we are going to use the vacant "M" Rd. Building (Old Restitution Building) for Pct. 4 shop operations and related personnel for the shop.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the use of the the vacant "M" Rd. Building (Old Restitution Building) for Pct. 4 shop operations and related personnel for the shop.

Vote: 4 - 0

 
8.
 
Constables:
 
A.
AI-36577
Constable Pct. 1:
Discussion, consideration and approval to appoint Reserve Deputy Constables by Constable Celestino Avila Jr., Constable Precinct 1 in accordance with Texas Local Government Code Section 86.012 as stated below:

Arnold Salazar
Troy Alan Williams
Abelino Cano
Roberto Alvarez
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to appoint the Reserve Deputy Constables as listed.

Vote: 4 - 0 - Unanimously

 
B.
AI-36606
Constable Pct. #2:
Requesting approval and authorization to submit the FY 2012 Chapter 59 Asset Forfeiture Report, as required by the Attorney General of Texas
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the Asset Forfeiture Report.

Vote: 4 - 0 - Unanimously

 
9.
 
Sheriff's Office:
 
A.
AI-36391
1. Approval of the Organized Crime Drug Enforcement Task Forces(OCDETF) Agreement between the Hidalgo County Sheriff's Office and the Drug Enforcement Administration McAllen District/Houston Division Office OCDETF Strike Force Group D-81.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

2. Approval of Certification of Revenues as certified by the county Auditor for the OCDETF Grant Contract (SW-TXS-0861).
3. Approval to appropriate OCDETF Grant award in the amount of $6,865.20 for equipment/supplies.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 9.A.2 & 3.

Vote: 4 - 0

 
B.
AI-36556
Sheriff's Office (1100)/ COPS Universal Hiring 13 (1284)
1.  Approval to redistribute the cost allocations for various positions under the COPS Univeral Hiring 13 Grant, as listed on Exhibit A, effective 01/01/2013.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

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

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 9.B.2 & 3.

Vote: 4 - 0 - Unanimously

 
C.
AI-36574
1. Discussion, authorization, and approval to execute the Operation Stonegarden Grant Sub-Recipient Interlocal Agreement from the Governor's Division of Emergency Management (Texas Department of Public Safety) between the County of Hidalgo and the City Police Departments of Alamo, Alton, Donna, Edinburg, Hidalgo, La Joya, Mercedes, Mission, Palmhurst, Palmview, Penitas, Pharr, San Juan, Sullivan City, and Weslaco(15).

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the execution of the various Operation Stonegarden Grants with the City Police Departments as listed.
Vote: 4 - 0

2. Sheriff Office 2011 Operation Stonegarden Grant (1284):
Approval to appropriate the following city budgets for awarded amounts pursuant to sub-recipient interlocal agreements with the County of Hidalgo for the Operation Stonegarden Grant from the Governor's Division of Emergency Management (Texas Department of Public Safety):

 

City of

Amount
1  Alamo   24,513.50
2  Alton   10,623.09
3  Donna   22,063.25
4  Edinburg   95,607.10
5  Hidalgo   26,966.29
6  La Joya   10,623.08
7  Mercedes   26,130.13
8  Mission 102,962.19
9  Palmhurst     6,537.27
10  Palmview   20,429.01
11  Penitas     4,085.80
12  Pharr   96,417.40
13  San Juan   36,772.21
14  Sullivan    5,720.11
15  Weslaco   53,830.29
  Total 543,280.72
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures

Eddie Olivarez acknowledged Martin Carrazco for his assistance in reviewing applications and discussed rule changes.

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

Eddie Olivarez discussied the possibility of expanding services. Mr. Olivarez came before the Court requesting permission to discuss with Tropical the development of the proposal in the event the State allows them to use that IGT.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to give Mr. Olivarez permission to follow through on getting into discussion with Tropical Texas on Amending the Plan that was submitted already, if the State approves that Amendment point.

This item will be brought back next week for further clarification.

Vote: 4 - 0 - Unanimously

 
C.
AI-36464
Requesting approval to process the following invoice as a claim with authority for County Treasurer to issue payment after review, audit and processing procedures are completed by County Auditor. 
Vendor Invoice # Date Amount Purpose
Comdata XY869010412 01/04/13 $29.87 Fuel
    Total $29.87  

NO ACTION taken on this item.
Attachments:
 
D.
AI-36416
Requesting approval to process the following invoice as a claim with authority for County Treasurer to issue payment after review, audit and processing procedures are completed by County Auditor.
Vendor Invoice # Date Amount Purpose
City of Pharr 13-1000 01/09/13 $2,880.00 Subscriber Fees
    Total $2,880.00  
 

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

Attachments:
 
E.
AI-36460
Requesting authorization to submit the Texas Department of State Health Services Contractor's Request for Revision to amend the Hidalgo County PPCPS / BDS grant contract #2013-041204-003.  The purpose of this change request is to request revise a project and request additional funding in the amount of $3,605.00.  This additional funding will require an additional local match of $360.50. 
 

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 with a 10% match.

Vote: 4 - 0 - Unanimously

Attachments:
 
F.
AI-36597
1.  Requesting approval to accept Immunization Branch - Locals grant contract #2013-041204 Amendment 005A.  The purpose of this amendment is to move funds between budget categories.  The effective date of this Amendment is 01/29/13.  

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS , seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

2.  Requesting approval to accept Immunization Branch - Locals grant contract #2013-041204 Amendment 005B.  The purpose of this amendment is to include a Special Provision covering response efforts by Local Health Departments.  The effective date of this Amendment is 01/29/13.
 

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

 
11.
 
Emergency Management - Oscar Montoya:
 
A.
AI-36631
Discussion, consideration and Approval of Memorandum of Understanding between the Texas Forest Service, Regional Incident Management Team Member and the County of Hidalgo with the authority of the Emergency Management Director to execute documents for the following County employees:

Rolando Benavdies-Hidalgo County Emergency Management
Juan Martinez-Fire Marshal's Office
Carlos Moreno-Right of Way
Karina Cardoza-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
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
12.
 
IT Department - Renan Ramirez
 
A.
AI-36402
1. Justice Court Tech. Fund:
Authorization to purchase wireless devices and change name through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:
a. Approval to change name for MDN 956-483-9710 from Michael Anzaldua to Const.Pct.4 - Office Use.
b. Approval to change name for MDN 956-587-2865 from Raul A. Salinas to Const.Pct.4 - Office Use.
c. Approval to change name for MDN 956-358-3310 from Joel Rivera to Const.Pct.4 - Office use.  

d. Approval to purchase two (2) cell phones iPhone 4 with Nationwide Talk & Text & Data Unl. Anytime Mins. Plan for Const.Pct.1
NO ACTION taken on this item.

e. Approval to purchase one (1) data card with Unlimited Data Plan for JP1 PL2 - Office Use

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 12.A.1.a, b, c, & e.
Vote: 3 - 0


2. Auditor's Office:
Authorization to purchase wirelss device through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:
a. Approval to purchase one (1) data card with Unlimited Data Plan for Office Use.

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


3. Comm. Pct. #2:
Authorization to purchase wireless device through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following: 
a. Approval to purchase one (1) cell phone with America's Choice II 600 Share Unl. Plan for Abel Sanchez ID:194395

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


4. Planning Dept.:3Authorization to purchase wireless device and upgrade wireless device and service plan through the County's membership/participation with CONTRACT: DIR-SDD-1779 for the following:
a. Approval to purchase one (1) cell phone iPhone 4 with Nationwide Talk & Text & Data Unl. Anytime Mins. Plan for Tomas Arredondo ID: 105899
b. Approval to upgrade wireless device and service plan to iPhone 4 with Nationwide Talk & Text & Data Unl. Anytime Mins. plan for Jose R. Tovar ID: 140619

On motion byCOMMISSIONER, PCT. 1 A.C. FLORES, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 12.A.4.a & b.
Vote: 3 - 0


5. Purchasing Dept.:
Authorization to purchase wireless devices through the County's membership/participation with CONTRACT: DIR-SDD-1779 for the following:
a. Approval to purchase two (2) data cards with Unlimited Data Plan for Office Use 

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


6. Various Depts.:
Authorization and approval to continue wireless device services throught the County's membership/pariticipation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS and DIR-SDD-611 with SPRINT for the attached table.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve item 12.A.6.

Vote: 4 - 0 - Unanimously

 
13.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-36602
Requesting approval to process the following invoice as a claim with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor.

Vendor Name & No. Invoice No. Invoice Date Amount Purpose
Superior Alarms (vendor #133655)  422348 12-11-12 $85.00 After hours service call
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
14.
 
Urban County - Diana Serna:
 
A.
AI-36462
Requesting authorization to amend the Emergency Solutions Grant Program (ESG) contract with Mujeres Unidas and Hidalgo County Urban County Program. The amendment will increase the current existing contract amount of $191,745.00 by $34,154.48 for a proposed total of $225,899.48.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
B.
AI-36589
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 1’s proposed budget and program amendment for Fiscal Years 21, 22, 23, 24 & 25 (2008, 2009, 2010, 2011 & 2012) original work plans and will utilize recaptured and forfeited funds for a Street Improvements activity. The amendment will also include an additional location (Heidleburg) and project description for the Parks, Recreational Facilities activities for FY 21 & 22 (2008 & 2010).

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

2. Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 1. The proposed budget and program amendment for Fiscal Years 21, 22, 23, 24 & 25 (2008, 2009, 2010, 2011 & 2012) original work plans and will utilize recaptured and forfeited funds for a Street Improvements activity. The amendment will also include an additional location (Heidleburg) and project description for the Parks, Recreational Facilities activities for FY 21 & 22 (2008 & 2010).
 
C.
AI-36465
Requesting authorization to amend the Emergency Solutions Grant Program (ESG) contract with Mujeres Unidas and Hidalgo County Urban County Program. The amendment will increase the current existing contract amount of $189,028.03 by $22,000.00 for a proposed total of $211,028.03.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
D.
AI-36469
Requesting authorization to amend the Emergency Solutions Grants Program (ESG) contract with The Salvation Army of McAllen and Hidalgo County Urban County Program approved on September 28, 2012. The amendment would increase the current PY 2012 amount of $68,500.00 by $28,000.00 for a proposed total of $96,500.00.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court madea a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
15.
 
Right of Way - Joe Pena:
 
A.
AI-36539
Authorization for the County Judge to Execute the Right Of Entry for Agua Special Utility District for a waterline installation. (Sullivan City, Texas)
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval, subject to legal review.

Vote: 4 - 0 - Unanimously

Attachments:
 
16.
 
Planning Department - Raul Sesin:
 
A.
AI-36441
1. Preliminary Approval with Variance Request
a. Salida del Sol Estates Phase VI – Pct. 3 (Mario Flores)

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

Raul Sesin Clarified that Mr. Mario Flores is of no relation to anyone on the Board.


2. Preliminary Approval
a. Sharyland I.S.D. Pioneer High School – Pct. 3 (Dr. Noe Olivera)

On motion byCOMMISSIONER, PCT. 1A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

3. Final Approval
a. Acres of Santa Cruz Phase 1 Subdivision – Pct.3(Richard W. Ruppert)

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0

b. Iowa Subdivision – Pct.3 (Norberto Salinas)

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Commissioner Flores Abstained.
Vote: 3 - 0


4. Final Approval with Financial Guarantee
a. Las Estrellas No. 4 Subdivision – Pct. 3 (Forrest Runnels Jr.)
 

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

Vote: 4 - 0 - Unanimously

 
17.
 
Budget & Management - Sergio Cruz:
 
A.
AI-36620
Approval of the following transfers for personnel items approved on the Commissioners' Court agenda of 1/22/2013:
1.  Co Clerk:
Approval of 2013 intra-departmental transfer from Object Code 535-Postage to related salary & fringe benefit object codes in the amount of $17,708.03.

2.  Co Clerk Record Archive:
Approval of 2013 intra-departmental transfer from Object Code 339-Other Professional Services to related salary & fringe benefit object codes in the amount of $5,507.23.

3.  398th DC - Indigent Defense:
Approval of 2013 inter-departmental transfer from Public Defense to Indigent Defense salary & fringe related object codes in the amount of $8,049.43.

4.  DA Bond Forfeiture Commissions:
Approval of 2013 inter-departmental transfer from Co. Wide Adm.-Contingency to DA Bond Forfeiture Commissions salary & related fringe benefit object codes in the amount of $216,415.09.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the interim funding for items 17.A.1-4.

Vote: 4 - 0 - Unanimously

 
B.
 
Salary Schedule Changes:
 
1.
AI-36644
Tx Agrilife Extension Services - Tx Citrus Mutual Grant (1287):
a.  Approval of auto allowance in the amount of $4,000.00 for one (1) Coordinator I, slot no. T002, and pay allowance to employee no. 193992.
b.  Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 17.B.1.a & b.

Vote: 4 - 0 - Unanimously

 
2.
AI-36612
93rd DC & 139th DC (1100):
a.  Approval to transfer supplemental pay in the amount of $3,000.00 from the 93rd DC to 139th DC for the transfer of administrative duties, as listed below, effective 01/01/2013:

Dept. Slot No. Position Title Current
Supplemental amount
Proposed
Supplemental amount
Difference
93rd DC 0002 Court Coordinator $3,000.00 $0.00 ($3,000.00)
139th DC 0002 Court Coordinator $4,895.00 $6,395.00 $1,500.00
139th DC 0004 Assistant Court Coordinator $4,895.00 $6,395.00 $1,500.00

b.  Approval of interdepartmental transfer.
c.  Approval of revised salary schedules.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 17.B.2.a-c.

Vote: 4 - 0 - Unanimously

 
18.
 
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 18.A.1 & 2.a, b & c.
 
B.
 
Pct. 1
 
1.
AI-36256
Recommending bid award and approval of contract/lease to the lowest bidder meeting all specifications for "Lease of Parcels for Citizen Collection Sites: Location in Mercedes to Ray Jones and Location in Donna to Richard Cohrs.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval, subject to funding.

Vote: 4 - 0

 
2.
AI-36632
Approval of professional service agreement #C-13-051-01-29 with Harvey L. Heerssen d/b/a HLH Appraisal Services for the purposes of "Review of Appraisal Services" (on an as needed basis) for projects located with Hidalgo County Precinct No. 1 and (as selected for negotiations through County's protocol from the "POOL" of Appraisals by CC on 02/07/12).
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
3.
AI-36643
Approval of Precinct's request for credit application with Betts Oil & Butane, Inc. so as to open a new account for purchase of propane gas with authority for County Judge or Court Member to sign credit application agreement.

NO ACTION taken on this item.
 
C.
 
Pct. 2
 
1.
AI-36424
Acceptance and approval to execute an "On Call" professional engineering services contract with R. Gutierrez Engineering Corporation for, "Various Projects" for Precinct No. 2 as approved for negotiations on CC 12/18/12.
 

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

Vote: 4 - 0 - Unanimously

 
D.
 
Pct. 4
 
1.
AI-36649
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 PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 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, (Curry Estates Projects) for Precinct No. 4

Evaluator Hinojosa Engineering, Inc Perez Consulting Engineering SAMES Engineering & Surveying, Inc.
Evaluator 91 97 94
Ranking  3

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve in the order of the scores.

Vote: 4 - 0

c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of    Perez Consulting Engineering    for: the provision of professional engineering services, for (Curry Estates Project) for Precinct No. 4.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
E.
 
WIC
 
1.
AI-36500
Requesting approval to continue the current lease under the same rates, terms and conditions and change the name on current lease agreement to new owner, B.S. Properties, LLC, including authority for County Treasurer to issue payments after the Auditor completes processing procedures- Project No. C-12-054-06-26.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
19.
 
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-36594
Claim of Esther Gamboa
 
D.
AI-36617
Claim of Steven Cruz 
 
E.
AI-36657
Claim of Rosalio Espinoza 
 
F.
AI-36659
Claim of Robert and Jacklyn Zavala

NO ACTION taken on items 19.A through F.

 
20.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the settlement demand for Parcel # 14, on Minnesotta Drain in the amount of $27,030.00.

Vote: 4 - 0

 
B.
 
Pending and/or potential litigation

NO ACTION taken on this item.
 
C.
AI-36595
Claim of Esther Gamboa 
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve in the amount of $2,500.00.

Vote: 4 - 0 - Unanimously

 
D.
AI-36619
Claim of Steven Cruz
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve in the amount of $111.60.

Vote: 4 - 0 - Unanimously

 
E.
AI-36658
Claim of Rosalio Espinoza 

Valde Guerra for the Record: This was brought up within the last couple of weeks. Court did take action on property damage, but there was a supplemental property damage report that was done and I'm asking the Court for authority to resolve the supplemental property damage report in the amount of $638.79.
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the supplemental property damage report.

Vote: 4 - 0 - Unanimously

 
F.
AI-36660
Claim of Robert and Jacklyn Zavala
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the settlement of the same $3,000.00, but with $1,500 for Roberty Zavala and $1,500 for Jacklyn Zavala.

Vote: 4 - 0 - Unanimously

 
21.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
22.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
23.
 
Adjourn
 

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 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 29th 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 29, 2013.

Signed this   29th   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