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Minutes for CC REGULAR

SPECIAL MEETING - MARCH 5, 2013

BE IT REMEMBERED, that on this 5th day of March 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

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
March 5, 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.
 
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 discussed her false imprisonment on her own property.
-Virginia Townsend questioned why the Constable Pct. 1 was asking for additional employees/positions if they obtained some from Constable Pct. 5, asked about the increase in price for the Constable Pct. 1. Building and asked the Court to testify on the House Bills that would affect our Colonias.
-Fern McClaugherty expressed concerns as to how the Agenda was posted and on items 7.F & 7.H.
-Robert Geib presented the Court a claim from January 15, 2010 for review.
-Oscar Montoya provided the Court an update on the water allotment.

 
6.
 
County Judge's Office:
 
A.
AI-37322
Discussion and appropriate action regarding Hidalgo County’s Legislative Agenda for the 83rd Session of the Texas Legislature and other legislative issues affecting Hidalgo County
 

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

 
B.
AI-37389
Resolution regarding HB 958
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-37405
Report on bills before the Texas Legislature of interest to Hidalgo County

Israel Rocha came before the Court to discuss how HB 1000/ SB 24 would affect the merging of the universities and the creation of a medical school. Mr. Rocha clarified that in order to create the medical school, they would need: 1) Authorizing Language (HB 1000/ SB 24); and 2) Funding inserted into Appropriations Bill to ensure long term fiscal liability.

Ramiro Garza, Jr., City Manager for Edinburg, talked about some of the sponsors for HB 1000/ SB 24 and encouraged that the Commissioners' Court Members send a letter of support of the legislation for SB 24.

Raul Sesin, Planning Administrator, came before the Court to inform them that he had testified on HB 611. Mr. Sesin discuss how HB 611 would affect the County as it pertains to: 1)Escrow Requirements, 2) 90 day cure for administrative errors and 3) County requirements.
 
D.
AI-37407
Discussion and action in response to a letter sent to our State leaders from the Conference of Urban Counties on HB 10

Eddie Olivarez, Chief Administrator for the Health Department, read into the record as to how HB 10 would negatively affect Hidalgo County, it's residents and hospitals. He also addressed the disproportionate share of funding to hospitals in South Texas, Funding to Indigent Care, etc.
 

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 have Judge Ramon Garcia sign the letter, prepared by Mr. Olivarez, and send it to the Director of Conference of Urban Counties in response to how HB 10 will negatively affect Hidalgo County.

Vote: 5 - 0 - Unanimously

Attachments:
 
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. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
COMMISSIONER JOSEPH PALACIOS ABSTAINED.
Vote: 3 - 0

2. Requesting engagement with the firm of Palacios & Associates, PC for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
 

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.
COMMISSIONER JOSEPH PALACIOS ABSTAINED.

Vote: 3 - 0

 
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

Valde Guerra provided the Court an update on increase of dockets and concerns by the AG.

3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
 
C.
AI-37329
Safety Division:
1.  Discussion, consideration and possible approval of the "Tail End Coverage" proposal from Montalvo Insurance Agency to extend the Travelers Insurance coverage for claims on the Management Liability and the Employment Practices Liability. 

2.  Subsequent to item 1 being approved is the request for the approval of payment of Invoices dated 2/27/13 for the extended claim coverage by Travelers Insurance with approval for the Auditor's Office to issue payment once audit procedures have been finalized.

Presentation by Roy Quintanilha.
NO ACTION taken on items 7.C.1 & 2.
 
D.
AI-37325
Approval to accept settlement check from Texas Municipal League in the amount of $1,079.60 to settle auto accident with County vehicle. (Sheriff Office) 
 

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: 5 - 0 - Unanimously

Attachments:
 
E.
AI-37306
Public Defenders:
Requesting permission to allow Lawrence Esparza, Public Defender II to travel to Dallas, Texas on March 6-8, 2013 to attend the CLE Cross-Examination.

Valde Guerra clarified that the purpose of CLE is because the State Bar requires continued education.
 

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: 5 - 0 - Unanimously

Attachments:
 
F.
AI-37150
IT Dept.:
Requesting approval for Priscilda Menjares, Vivian Barrera, Clarissa Longoria to attend the 2013 Odyssey User Conference on May 22 - 24, 2013 in Austin, Texas

Valde Guerra clarified that they are following County Policy as it pertains to travel guidelines.
 

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: 5 - 0 - Unanimously

Attachments:
 
G.
AI-37378
Facilities Management:
Requesting permission to advertise/hire for the following:
Position Slot # Salary
Maintenance II 001-032 $23,083.00
Maintenance II 001-081 $23,864.00

 

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: 5 - 0 - Unanimously

Attachments:
 
H.
AI-37409
Budget & Management:
Requesting permission for Sergio Cruz, Dina Trevino, Damaris San Miguel, Rey Salazar, and Flora Vazquez to attend the 2013 TAC County Management Institute in Austin, TX on April 10-12, 2013.
 

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: 5 - 0 - Unanimously

Attachments:
 
I.
AI-37408
Budget & Management
Requesting permission to advertise/hire for the following position:

Slot No. Position Title
0005 Planning Analyst II
 

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: 5 - 0 - Unanimously

 
8.
 
Constables:
 
A.
AI-37118
Constable Pct. #1 (1100):
Requesting approval to process payment of the following invoices as claims to Weslaco Ford, with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:

 Invoice #  Amount
 F0CS157914  $45.45
 F0CS157948  $50.99
 F0CS158243  $39.04
 F0CS158429  $86.88
 F0CS158575  $635.20
 F0CS158761  $1610.68
 F0CS158916  520.40
 F0CS158966  120.00
TOTAL $3,108.64

Martha Salazar, Purchasing Agent, informed the Court that NO ACTION would be required for this item and that she would allow a purchase order from the department to cover these invoices.

Attachments:
 
B.
AI-37370
Constable Pct. #1 LBSP:
1. Approval to accept the Local Border Security Program FY 2013 (LBSP-13) Grant Award No. LBSP-13-25 in the amount of $35,000.00 from the Texas Department of Public Safety, Texas Ranger Division for the period of January 1, 2013 to August 31, 2013.
2. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY 2013 (LBSP-13).
3. Approval to appropriate funds from the LBSP grant award in the amount of $35,000.00.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 8.B.1, 2 & 3.

Vote: 5 - 0 - Unanimously

 
C.
AI-37174
Constable Pct. #1:
Presentation and discussion of the 2012 Racial Profiling Report as presented by the Hidalgo County Constable Dept. Pct. 1, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
 

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: 5 - 0 - Unanimously

 
D.
AI-37412
Constable Pct. #2 (1100):
Requesting approval to process payment of the following invoices as claims to VSL, with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:
INVOICE DATE/NUMBER AMOUNT
 06-05-12 / 12-0256  $15.00
 06-05-12 / 12-0257  $60.00
 

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: 5 - 0 - Unanimously

Attachments:
 
E.
AI-37239
Constable Pct. #4- LBSP (1284):
1. Approval to accept the Local Border Security Program FY 2013 (LBSP-13) Grant Award No. LBSP-13-26 in the amount of $40,000.00 from the Texas Department of Public Safety, Texas Ranger Division for the period of January 1, 2013 to August 31, 2013.
2. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY 2013 (LBSP-13).
3. Approval to appropriate funds from the LBSP grant award in the amount of $40,000.00.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 8.E.1, 2 & 3.

Vote: 5 - 0 - Unanimously

 
F.
AI-37374
Constable Pct. #4:
Presentation and discussion of the 2012 Racial Profiling Report as presented by the Hidalgo County Constable Precinct 4 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
 

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 2012 Racial Profiling Report.

Vote: 5 - 0 - Unanimously

Attachments:
 
9.
 
Sheriff's Office:
 
A.
AI-37344
1.  Authorization and approval to purchase through the State of Texas Surplus Property Program under Chapter 2175.001 of the Texas Government Code and Sec. 262.024 (9) c.: Four (4) 2010 Ford Crown Victoria and (2) 2009 Ford Crown Victoria police interceptor model vehicles for the total amount of $37,000.00.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously

2.  Authorization for Purchasing Department to issue a purchase order and County Treasurer's to issue a check made payable to Texas Department of Public Safety after County Auditor's review.
 

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: 5 - 0 - Unanimously

Attachments:
 
B.
AI-37415
1.  Approval to process the following AT&T invoices as claims with authority for County Treasurer to issue check
after auditing procedures are completed by County Auditor

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: 5 - 0 - Unanimously

2.  Approval to add the following account numbers and telephone lines to ATT Contract DIR-TEX-AN-NG-CTSA-005.
Account Number Billing Date Amount
956-383-0373-003-3 2/19/2013 $472.55
956-381-7900-050-3 2/09/2013 $1,501.87
512-151-5019-861-4 2/01/2013 $7,389.25
Total   $9,363.67
 
 

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: 5 - 0 - Unanimously

Attachments:
 
10.
 
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.
 
C.
AI-37388
1.  Approval to process payment of claims for telephone services (AT&T vendor 328626)  for McAllen Clinic Account # 956 682 0824 728 8  in the amount of $379.08. (PO 688501)

2.  Approval to process payment of claim for T1 line service (AT&T vendor 328626) for Edinburg Clinic Account #512 141 5012 417 5 in the amount of $509.86 (PO 688501)

3.  Approval to process payment of claim for telphone services (AT&T vendor 328626)  for Mission Clinic Account #  956 581 8596 751 1 in the amount of $386.18 (PO 688501)

4.  Approval to process payment of claim for telephone services (Verizon Southwest inc vendor 251577) for Weslaco Clinic Account # 10 5492 2821135867 03 in the amount of $158.54 (Requisition No 00231977)

5.  Approval to add account #956 682 0824 728 8; #512 141 5012 417 5; and  #956 581 8596 751 to  ATT Contract DIR-TEX-AN-NG-CTSA-005.
 

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.C.1-5.

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-37392
1. Approval to process the following ATT invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.   
Vendor Account No. Billing Date Amount
ATT 956-262-1141-273-7 Jan. 23, 2013 $460.29
ATT 956-843-7463-001-7 Dec. 29, 2012 $412.15
ATT 956-843-7463-001-7 Jan. 29, 2013 $411.83
ATT 956-682-6155-728-4 Jan. 7, 2013 $260.24
ATT 956-682-6155-728-4 Feb 7, 2013 $260.31
ATT 956-585-2461-751-2 Jan. 17, 2013 $178.39
ATT 956-585-2461-751-2 Feb 17, 2013 $178.51
ATT 956-787-1531-073-5 Jan. 9, 2013 $429.01
ATT 956-787-1531-073-5 Feb 9, 2013 $429.06
ATT 956-383-0111-942-9 Jan. 19, 2013 $97.03
ATT 956-387-0118-710-9 Jan. 15, 2013 $135.77
ATT 956-387-0118-710-9 Feb 15. 2013 $162.40
  Total $3,414.99

COMMISSIONER FLORES stepped away for the remaining of the meeting.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the claims as listed on item 10D.1.
Vote: 4 - 0 - Unanimously



2. Approval to add the following account numbers and telephone lines to ATT Contract DIR-TEX-AN-NG-CTSA-005.   
Account Number Phone Line
956-262-1141-273-7 956-262-1141
  956-262-2361
  956-262-3130
  956-262-3130
  956-262-3491
  956-262-7842
  956-262-9138
956-843-7463-001-7 956-843-7463
  956-843-2659
  956-843-6672
  956-843-9864
956-682-6155-728-4 956-682-6155
  956-618-5979
  956-630-9422
  956-631-9094
  956-682-6156
  956-682-6157
  956-682-6173
  956-682-6174
956-585-2461-751-2 956-585-2461
  956-519-2871
  956-584-7144
  956-585-2742
  956-585-6731
  956-585-7380
956-787-1531-073-5 956-787-1531
  956-702-4389
  956-781-1176
  956-783-6310
  956-787-8031
956-383-0111-942-9 956-383-0111
  956-383-0112
  956-383-7351
956-387-0118-710-9 956-387-0118
  956-387-0120
 
 

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 add the account numbers 956-262-1141-273-7; 956-843-7463-001-7; 956-682-6155-728-4; 956-585-2461-751-2; 956-787-1531-073-5; 956-383-0111-942-9 and 956-387-0118-710-9 along with the telephone lines, as listed above, to ATT Contract.

Vote: 4 - 0

Attachments:
 
11.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-36563
Alternative Incarceration Program (1100):
1.  Presentation, discussion and consideration of the Hidalgo County Alternative Incarceration Program’s growth in operations.
2.  Approval of waiver of Budget Amendment Policy due to expected net cost saving of program expansion.
3.  Approval to create the following regular full-time positions:

Slot No. Position Title Budgeted Salary
0005 Security Technician $30,000.00
0006 Security Technician $30,000.00

4.  Approval of interdepartmental transfer to fund salaries, fringes and other operating expenditures.
5.  Approval of revised salary schedule.

COMMISSIONER HECTOR PALACIOS stepped away.


Ray Eufracio, County Auditor, commented that he had not seen legal approval of the policy and believes the Policy is not in effect. Steve Crain, Legal Counsel, replied that it was intent of the policy that they would not be taking funds out of General Fund. He further explained that the "Policy is not in effect at this time, but the intent is".
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to to approve items 11.A.1-5.

Vote: 3 - 0 - Unanimously

 
12.
 
I.T. Dept. - Renan Ramirez:
 
A.
AI-36916
COUNTY JUDGE and FIRE MARSHAL:
Authorization and approval to purchase and continue wireless device services through the County's membership/participation with CONTRACT: DIR-SDD-611 SPRINT, CONTRACT: DIR-SDD-1779 VERIZON WIRELESS and SEACOAST TELECOMMUNICATIONS for the attached table.
 

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: 3 - 0 - Unanimously

 
13.
 
Urban County - Diana Serna:
 
A.
AI-37411
Urban County Program, on behalf of the Precinct No. 4, is requesting approval of a best and final negotiated contract for surveying services with Dos Land Surveying, LLC.in the amount of $22,000.00 utilizing Texas General Land Office (GLO) funds for drainage improvements
 

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: 3 - 0 - Unanimously

 
B.
AI-37160
The Urban County Program (UCP) is requesting County Commissioner’s Court authorization for the County Judge, Ramon Garcia, to sign a partial release of lien regarding an assisted client under the Owner-Occupied Rehabilitation Program.
 

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: 3 - 0

 
C.
AI-37316
Urban County Program, on behalf of the City of Sullivan City, is requesting approval of a best and final negotiated contract for construction material testing services with Millennium Engineers Group, Inc. in the amount of $1,893.75 utilizing Year 25 (2012) Urban County funds for street improvements on Maro Street in Sullivan City, Texas.
 

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: 3 - 0 - Unanimously

Attachments:
 
D.
AI-37375
Requesting authority to enter into a 36-month lease thru Hidalgo County’s membership with State Awarded vendor thru contract: DIR-SSD-1674 for two digital copier printers through Ricoh Corporation, in the amount of $837.42/month lease payment including maintenance plan with consumables for two copiers.

NO ACTION taken on this item.
Attachments:
 
E.
AI-37192
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering 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:  - 0 - Unanimously


2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) material testing firms from the County’s approved “pool” as graded and evaluated by the Hidalgo County Precinct No. 4, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 25 (2012) Precinct No. 4 Street Improvement funds.
Professional Service Firm Grade Ranked
Raba-Kistner, Inc. 98.67  1
L & G Engineering Laboratory 98.34  2
PSI Laboratories, Inc. 93  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 - Unanimously


3. Authority to negotiate a professional material testing service contract with the No. 1 ranked firm of Raba-Kistner, Inc.  for the provision of material testing services for an Urban County Program Year 25 (2012) Precinct No. 4 Street Improvements project located on Moises Flores Street, (from Sunflower Road to FM 493).
 

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

 
14.
 
WIC - Norma Longoria:
 
A.
AI-37141
1. WIC (1292): 
a. Approval to accept the FY 2013 WIC Adm Grant award (No. 2013-042599-001) in the amount of $5,502,694.00, commencing April 1, 2013 - September 30, 2013 pending receipt of amended contract documents.
b. Requesting authorization to continue the provision of WIC Services for FY2013 commencing April 1, 2013 -September 30, 2013.
c. Approval of Certification of Revenues as certified by the County Auditor for the FY 2013 WIC Adm Grant.
d. Approval of appropriation of funds for the FY2013 WIC Adm Grant.
e. Approval of FY2013 WIC Adm Grant Salary Schedule.

COMMISSIONER HECTOR PALACIOS joined the meeting.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 14.A.1.a through e.
Vote: 4 - 0 - Unanimously


2. WIC BF ( 1292):
a. Approval to accept the FY 2013 WIC BF Peer Counselor Grant award (No. 2013-042599-001) in the amount of $427,708.00, commencing April 1, 2013 - September 30, 2013 pending receipt of amended contract documents.
b. Requesting authorization to continue provision of WIC BF Peer Counselor Program for FY 2013 commencing April 1, 2013 - September 30, 2013.
c. Approval of Certification of Revenues as certified by the County Auditor for the FY2013 WIC BF Peer Counselor Grant. 
d. Approval of appropriation of funds for the FY2013 WIC BF Peer Counselor Grant.
e. Approval of FY 2013 WIC BF Peer Counselor Grant Salary Schedule. 

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 14.A.2.a through e.  
Vote:4 - 0 - Unanimously


3. Registered Dietician(1292):
a. Approval to accept the FY 2013 WIC Registered Dietician Grant award (No. 2013-042599-001) in the amount of $22,500.00, commencing April 1, 2013 - September 30, 2013 pending receipt of amended contract documents.
b. Requesting authorization to continue provision of WIC Registered Dietician Program for FY 2013 commencing April 1, 2013 - September 30, 2013.
c. Approval of Certification of Revenues as certified by the County Auditor for the FY2013 Registered Dietician Grant.
d. Approval of appropriation of funds for the FY 2013 WIC Registered Dietician Grant.
e. Approval of FY 2013 WIC Registered Dietician Grant Salary Schedule.
 
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, JR., the Court made a UNANIMOUS vote to approve items 14.A.3.a through e.
Vote: 4 - 0 - Unanimously


4. Lactation Service (1292):
a. Approval to accept the FY 2013 WIC Lactation Services Grant award (No. 2013-042599-001) in the amount of $20,000.00, commencing April 1, 2013 - September 30, 2013 pending receipt of amended contract documents.
b. Requesting authorization to continue provision of WIC Lactation Services Program for FY 2013 commencing April 1, 2013 - September 30, 2013.
c. Approval of Certification of Revenues as certified by the County Auditor for the FY2013 WIC Lactation Services Grant. 
d. Approval of appropriation of funds for the FY2013 WIC Lactation Services Grant.
e. Approval of FY2013 WIC Lactation Services Grant Salary Schedule.

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 14.A.4.a through e. 
Vote: 5 - 0 - Unanimously


5. WIC Mini Obesity Grant (1292):
a. Approval to accept the FY 2013 WIC Obesity Prevention Grant award (No. 2013-042599-001) in the amount of $10,000.00, commencing April 1, 2013 - September 30, 2013 pending receipt of amended contract documents.
b. Requesting authorization to continue provision of WIC Mini Obesity Prevention Program for FY 2013 commencing April 1, 2013 - September 30, 2013.
c. a. Approval of Certification of Revenues as certified by the County Auditor for the FY 2013 WIC Mini Obesity Prevention Grant.
d. b. Approval of appropriation of funds for the FY2013 WIC Mini Obesity Prevention Grant.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMNOUS vote to approve item 14.A.5.A through d.

Vote: 4 - 0 - Unanimously

 
B.
AI-37414
Recognition of the Month of March as "National Nutrition Month" with March 13, 2013 as "Registered Dietician Day" and March 6, 2013 as "International Board Certified Lactation Consultant Day" (Recognize Employees).

Ms. Norma Longoria recognized her employees for doing a great job and recognized the
Month of March as "National Nutrition Month", "Registered Dietician Day" and as "International Board Certified Lactation Consultant Day.
 
15.
 
Right of Way - Joe Pena:
 
A.
AI-37364
Request authorization to secure the services of the Texas Attorney General to represent Hidalgo County on condemnation case submitted by L&G Engineering for the FM 681 Project and authorize County Judge to sign any documents required
 

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, subject to corrections.

Vote: 4 - 0

Attachments:
 
16.
 
Planning Department - Raul Sesin:
 
A.
AI-37145
1. Preliminary Approval
a. Lantana Ranch Phase 2 Subdivision – Pct. 3 (Hector Cortez)

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


2. Final Approval with Financial Guarantee
a. Los Feliz Phase I Subdivision – Pct. 4 (Oscar Garza, Jr.)

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 - Unanimously
 
B.
AI-37240
1. Reimbursement of a Cash Deposit
a. Cardinal Lake Subdivision – Pct. 4 (Franz Schamberger)
 

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

 
17.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-37385
Pct.1 Mile 2 West:
Discussion, consideration, and approval of an Advance Funding Agreement (A.F.A.) between County of Hidalgo and Texas Department of Transportation for highway improvements to Mile 2 West CSJ# 0921-02-170 (from Mile 12 North Rd to US 83) with authority for County Judge to sign the required documents.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
18.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-37368
Approval of Interlocal Cooperation Agreement between the County of Hidalgo and the Edinburg CISD (acquire tract of land for park purposes)
 

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

Attachments:
 
B.
AI-37373
Approval of Multiple Use Agreement by the State of Texas by and between the Texas Department of Transportation and Hidalgo County, Texas (for US 281 & SH 186 Linn-San Manuel Beautification Project)
 

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

 
19.
 
Budget & Management - Sergio Cruz:
 
A.
AI-37386
Approval of 2012 unappropriation of funds for the following grants:

 Fund Amount 
 Stop Truancy Grant - Fund 1285 $1,024.71 
 Public Defender's Juvenile Section - Fund 1282 $9,835.60
 CJD JAIBG - Fund 1286 $1,272.36

NO ACTION taken on this item.
 
B.
AI-37418
Special Revenue & Internal Service Funds:
Approval of 2013 appropriation of funds to fund various PO rollovers.
 

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:
 
C.
 
Salary Schedule Changes:
 
1.
AI-37354
Sheriff's Office (1100):
a. Approval to authorize clothing allowance in the amount of $500.00 for one (1) full-time Lieutenant (Step I) position, slot no. 0015, effective 01/01/13.
b. Approval of interdepartmental transfer.
c. 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 19.C.1.a, b & c.

Vote: 4 - 0 - Unanimously

 
20.
 
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 20.A.1 & 2. a, b & c.
 
3.
AI-37307
Pursuant to TX. LOC 262.026 "Opening of Bids"- ratification of  Addendum #3  issued by Martha Salazar for extension of acceptance of Applications for Bank Depository  and/or Remittance Processing (Lockbox) and/or Other Services (i.e. Trust Account Services) for Hidalgo County and Drainage District #1 from acceptance date of March 05, 2013 to March 12, 2013; inasmuch as required extension due to pending response/clarification/review by Legal and thus allowing County to respond to participants inquiry.
 

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

Vote: 4 - 0 - Unanimously

 
4.
AI-37402
Approval to assign an evaluation committee member(s) for the purpose of evaluating the applications received for "Bank Depository Project"- For Hidalgo County and Drainage District #1 for Precincts 1, 2, & 3 (Precinct 4 member assigned on CC on 3/1/13).
 

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 additional appointments of Raul Silguero, Pct. 2 and Raul Lozano, Pct. 1 to the Bank Depository Evaluation Committee.

Vote: 4 - 0

 
B.
 
Pct. 1
 
1.
AI-37225
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

On motion byCOMMISSIONER, PCT. 4 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 providers for (on call on an as need basis) for Pct #1; 
 
Total scores Le Fevre Environmental & Management Consulting Rio Delta Engineering Briones Engineering
Evaluator 1 98 89 93
Ranking  1 3


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

c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of    Le Feevre Environmental & Management Consulting   for the provision of professional engineering services (on call on an as needed basis) for Pct No. 1.
 

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:
 
C.
 
Pct. 2
 
1.
AI-37351
Requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 7 (to reflect a $4,800.00 increase to the total project estimated cost thus bringing the figure to $19,200.00), for current contract with R. Gutierrez Engineering Corporation for the (Border Road Project) for Hidalgo. C-11-310-01-24.
 

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-37372
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional services;

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption.
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 for US 281 & Sh 186 (Linn- San Manuel) beautification project located in Pct No. 4;
 
Total Scores DBR Engineering Consultants HALFF Associates Inc Urban Infrastructure Group, Inc
Evaluator 1 95 97 94
Ranking  2  1  3

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve in the order of the 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   HALFF Associates Inc. __ for: the provision of professional engineering services for US 281 & SH 186 (Linn-San Manuel) beautification project in Precinct No. 4.
 

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:
 
E.
 
Constables
 
1.
AI-36874
Acceptance and Approval to Award the Best Valued Proposals from Job Order Contractors for the project: Concrete Work & Water Line Improvements to Constable Pct. 1 Building (Project# 2013-032-01-16-MSS) as follows:

a. Facilities USA, LLC (awarded JOC through TCPN) in the total amount not to exceed $89,156.00 for Concrete Work &  Water Line Improvements.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0


b. Alpha Building Corp. (awarded JOC through -Choice Facility Partners) in the total amount not to exceed $2,934.37 for Alternate No. 2-Silt Fence.
 

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

 
F.
 
Sheriff's Office
 
1.
AI-37377
Acceptance and approval to execute the final form of a Professional Construction Management Agreement with Prodigy Construction Management LLC, for "Law Enforcement/Adult Detention Facilities  Roof & Related Repairs Project"as approved for negotiations on CC 10/16/12.
 

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

 
21.
 
Closed Session:
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, 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-37342
CL-12-2088-A; Erasmo Chapa v. Hidalgo County, Texas
 
D.
AI-37327
Claim of Jose F. Garcia 
 
E.
AI-37313
David Duran v. Hidalgo County; Cause No. 7:12-cv-116
Luis Caudillo v. Hidalgo County Sheriff's Department; CL-11-2010-D
Claim of Brian Valadez 
Claim of Consuelo Gonzalez 

NO ACTION taken on items 21.A through E.
 
22.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

NO ACTION taken on this item.

 
B.
 
Pending and/or potential litigation

NO ACTION taken on this item.
 
C.
AI-37343
CL-12-2088-A; Erasmo Chapa v. Hidalgo County, Texas

Valde Guerra, Executive Officer, informed the Court that they will continue as directed.
 
D.
AI-37328
Claim of Jose F. 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 $9,000.00. If the offer is accepted, the check will be paid to Jose F. Garcia and Macias Law Firm.

Vote: 4 - 0 - Unanimously

 
E.
AI-37323
David Duran v. Hidalgo County; Cause No. 7:12-cv-116
Luis Caudillo v. Hidalgo County Sheriff's Department; CL-11-2010-D
Claim of Brian Valadez
Claim of Consuelo Gonzalez

Valde Guerra, Executive Officer, for the Record: Mr. Guerra clarified that these suits and claims, we are being represented by Gonzalez, Palacios, LLP. Gonzalez, Palacios, LLP has been dissolved and Mr. Ricardo Palacios, who's lead attorney, that is representing us in these cases now has a firm, Palacios & Associates, PC. The former representation exemption that we did under Gonzalez & Palacios will now change to Palacios & Associates.

Mr. Guerra then referred to item 7.A.1 & 2.   
 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
24.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
25.
 
Adjourn

Valde Guerra advised the Court that next week there may be a Quorum issue and may have to change the date for the Commissioners' Court Meeting.
 

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

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 5th day of March, 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 March 5, 2013.

Signed this   7th    day of    March    2013




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


By: ____________________________
(Seal) Priscilla Torres, Deputy