SPECIAL MEETING - MARCH 12, 2013
BE IT REMEMBERED, that on this 12th 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 JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 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 12, 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, witht the exception of Commissioner Hector Palacios.
All members of the Court were counted present, witht the exception of Commissioner Hector Palacios.
2.
Pledge of Allegiance
Judge Garcia led the Court and Audience in reciting the 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.
Virginia Townsend led the Court and Audience in Prayer.
4.
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
The Court moved to approve the Consent Agenda.
5.
Open Forum
-Fern McClaugherty discussed the State of the County Address.
-Opal Billman talked about her divorce case and beneficiaries of her property.
-Richard Pinon challenged the Court, it's employees and audience to donate blood.
-Fern McClaugherty discussed the State of the County Address.
-Opal Billman talked about her divorce case and beneficiaries of her property.
-Richard Pinon challenged the Court, it's employees and audience to donate blood.
6.
County Judge's Office:
A.
Report on bills before the Texas Legislature of interest to Hidalgo County
Bobby Villareal informed the Court that various County members went to Austin to testify in favor of the Higher Education Bill. HB 1000 / SB 24 entailed the proposed merger of UTPA and UTB and medical school. Also discussed was Senate Joint Resolution #54 and Uncompensated Care Fee.
Rick Villareal then discussed SB 170 which includes the building code standards for new construction.
Bobby Villareal informed the Court that various County members went to Austin to testify in favor of the Higher Education Bill. HB 1000 / SB 24 entailed the proposed merger of UTPA and UTB and medical school. Also discussed was Senate Joint Resolution #54 and Uncompensated Care Fee.
Rick Villareal then discussed SB 170 which includes the building code standards for new construction.
B.
AI-37504
Requesting approval of claim/invoice for advertising services, invoice dated 10/31/12 for R Communications in the amount of $250.00 with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
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
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. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption as it pertains to CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo.
Vote: 4 - 0
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the exemption as it pertains to EEOC Charge No. 451-2013-01317; Benito Gutierrez.
Vote: 4 - 0
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
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to engage with the firm of Preston Henrichson as it pertains to CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo
Vote: 4 - 0
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 as it pertains to CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo.
Vote: 4 - 0
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the exemption as it pertains to EEOC Charge No. 451-2013-01317; Benito Gutierrez.
Vote: 4 - 0
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
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to engage with the firm of Preston Henrichson as it pertains to CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo
Vote: 4 - 0
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 engagement with the firm of Atlas & Hall & Rodriguez as it pertains to EEOC Charge No. 451-2013-01317; Benito Gutierrez.
Vote: 4 - 0 - Unanimously
B.
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
NO ACTION taken on this item.
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
Valde Guerra informed the Court that they are awaiting a response from the Attorney General's Office and should have more information next week.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
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 informed the Court that they are awaiting a response from the Attorney General's Office and should have more information next week.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
C.
AI-37519
Discussion, consideration and action on rescheduling/cancelling the Commissioners' Court Meeting of Tuesday, March 19, 2013 due to court members absence while on business in Washington, D.C.
The Court agreed to reschedule next week's Commissioners' Court Meeting for next Wednesday at 9:00/9:30 a.m., at the old Administration Building.
Prior to Adjourning, the Court brought this item up, again, for discussion. They agreed to have next week's Commissioners' Court Meeting at the same time, but at the City of Edinburg Council Chambers.
The Court agreed to reschedule next week's Commissioners' Court Meeting for next Wednesday at 9:00/9:30 a.m., at the old Administration Building.
Prior to Adjourning, the Court brought this item up, again, for discussion. They agreed to have next week's Commissioners' Court Meeting at the same time, but at the City of Edinburg Council Chambers.
D.
AI-37456
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 the insurance premiums for the extended claim coverage period by Travelers Insurance with approval for the Auditor's Office to issue payment once audit procedures have been finalized.
Valde Guerra, Executive Officer, expressed to the Court that he does not believe the County will need the "Tail End Coverage" .
NO ACTION taken on this item.
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 the insurance premiums for the extended claim coverage period by Travelers Insurance with approval for the Auditor's Office to issue payment once audit procedures have been finalized.
Valde Guerra, Executive Officer, expressed to the Court that he does not believe the County will need the "Tail End Coverage" .
NO ACTION taken on this item.
E.
AI-37480
Discussion, consideration, and action to authorize the Executive Officer, Valde Guerra, to sign an affidavit for the H.C.C.S.C.D. (Adult Probation) to receive payment for a court ordered restitution payment by Defendant to the County of Hidalgo, Texas in the amount of $695.31. (Precinct 2)
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
Attachments:
F.
AI-37498
1. Approval to accept settlement agreement from Endeavor General Agency in the amount o $1,871.95 to settle auto accident with County vehicle. (Sheriff Office)
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 Property Damage Release form to settle auto accident claim with Endeavor General Agency.
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 Property Damage Release form to settle auto accident claim with Endeavor General Agency.
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:
G.
AI-37580
Facilities Management:
Approval of 2013 AEP Texas Central Memorandum of Understanding (MOU) Addendum for the SCORE/CitySmart Rebate Incentives Program - extending the Agreement through 2013 program year
Approval of 2013 AEP Texas Central Memorandum of Understanding (MOU) Addendum for the SCORE/CitySmart Rebate Incentives Program - extending the Agreement through 2013 program year
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
Attachments:
8.
Constables:
A.
AI-37478
Constable Pct. #2:
1. Discussion, consideration and approval to appoint Victor Javier Rodriguez as Deputy Constable by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.011:
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 Raul Eduardo Ayala & Jaime Gaitan as Reserve Deputy Constables, by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.012:
1. Discussion, consideration and approval to appoint Victor Javier Rodriguez as Deputy Constable by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.011:
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 Raul Eduardo Ayala & Jaime Gaitan as Reserve Deputy Constables, by Constable Martin Cantu, Constable Precinct 2 in accordance with Texas Local Government Code Section 86.012:
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-37476
Constable Pct. #2:
Presentation and discussion of the 2012 Racial Profiling Report as presented by the Hidalgo County Constable Pct. 2 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure.
Presentation and discussion of the 2012 Racial Profiling Report as presented by the Hidalgo County Constable Pct. 2 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 of approval.
Vote: 4 - 0 - Unanimously
C.
AI-37509
Constable Pct 4 (1100)
1. Approval of the following personnel actions:
2. Approval of the revised salary schedule.
1. Approval of the following personnel actions:
| Action | Slot # | Position | Budgeted Salary |
| Delete | 0020 | Deputy Constable (Step 1) | 39,140.00 |
| Create | 0021 | Sergeant (Step 1) | 47,359.00 |
2. Approval of the 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
Attachments:
9.
Justices of the Peace:
A.
AI-37445
J.P. Pct. 2, Pl. 1 - Bobby Contreras:
Pursuant to Texas Local Government Code section 157.903, requesting approval of indemnification in the amount of $734.00 for two (2) undeposited/unaccounted checks.
NO ACTION taken on this item.
Pursuant to Texas Local Government Code section 157.903, requesting approval of indemnification in the amount of $734.00 for two (2) undeposited/unaccounted checks.
NO ACTION taken on this item.
Attachments:
10.
Sheriff's Office:
A.
AI-37449
1. Authorization and approval to accept the Local Border Security Program FY 2013 Grant (LBSP-13).
2. Authorization for County Judge, as authorized official to sign grant award form.
3. Approval of certification of Revenues as certified by the County Auditor for the Local Border Security Program
FY 2013 (LBSP-13).
4. Approval to appropriate the budget for LBSP-13 grant award in the amount of $200,169.04.
2. Authorization for County Judge, as authorized official to sign grant award form.
3. Approval of certification of Revenues as certified by the County Auditor for the Local Border Security Program
FY 2013 (LBSP-13).
4. Approval to appropriate the budget for LBSP-13 grant award in the amount of $200,169.04.
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 10.A.1, 2, 3 & 4.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI-37515
Approval to process the following Verizon & AT&T invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.
| Verizon | |||
| Account # | Telephone # | Billing Date | Amount |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 11-16-2012 | $524.68 |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 12-16-2012 | 229.53 |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 01-16-2013 | 212.75 |
| 10 5492 2826441184 06 | 956-973-1606-121018 | 02-16-2013 | 212.71 |
| AT&T (Long Distance) | |||
| Invoice | Telephone # | Billing Date | Amount |
| 859834797 | 956-973-1606 | 2-16-2013 | $3.52 |
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 all items listed under item 10.B.
Vote: 4 - 0 - Unanimously
Attachments:
11.
Health & Human Services Department - Eddie Olivarez
A.
Discussion and/or action, including but not limited to Indigent Health Care Program and/or Expenditures
NO ACTION taken on this item.
NO ACTION taken on this item.
B.
Discussion and approval of 1115 Waiver Documents and/or 1115 Waiver Plan
Eddie Olivarez explained to the Court that there was approximately $39 million dollars in funding that were pulled from the Universities.
Eddie Olivarez explained to the Court that there was approximately $39 million dollars in funding that were pulled from the Universities.
C.
AI-37493
Discussion and/or action on pending IGT transfer for Hidalgo Couny Fiscal Year 2011 as per the attached document prepared by the County Auditors office.
Eddie Olivarez explained that the State is requesting that the County deposit $2.125 Million (Out of the $8.25 million) they had committed to the Indigent Program and the IGT Transferring Component.
Eddie Olivarez explained that the State is requesting that the County deposit $2.125 Million (Out of the $8.25 million) they had committed to the Indigent Program and the IGT Transferring Component.
Attachments:
12.
Emergency Management - Oscar Montoya:
A.
AI-37530
Status update on the Irrigation Water Allotment.
Oscar Montoya explained that they will be keeping the Court informed as they are getting information from the Rio Grande Regional Authority.
Oscar Montoya explained that they will be keeping the Court informed as they are getting information from the Rio Grande Regional Authority.
13.
Urban County - Diana Serna:
A.
AI-37204
Requesting authorization for Hidalgo County Judge to sign the Grantee closeout certification for the Homeless Prevention and Rapid Re Housing Program (HPRP) under grant # S09-UY-480501.
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:
B.
AI-37345
The Urban County Program on behalf of the City of Weslaco is requesting approval and award of best and final negotiated contract with Alcocer Garcia Associates, Inc. in the amount of $9,125.00 utilizing CDBG FY 24 (2011) Public Facility funds.
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:
C.
AI-37340
Urban County Program, on behalf of the City of San Juan, is requesting consideration and action to award and enter into a construction contract with Castle Enterprises, LLC. for the Flood Drainage Improvements project in the amount of $229,973.00, utilizing funds from UCP Year 24 (2011), Urban County Flood Drainage Improvements line item.
NO ACTION taken on this item.
NO ACTION taken on this item.
Attachments:
D.
AI-37331
Request approval to declare and dispose of surplus property and clear inventory of missing property.
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 to declare, the items as listed on "Exhibit A" and "Exhibit B", and dispose of them as surplus property.
Vote: 4 - 0
14.
Elections Administration - Yvonne Ramon:
A.
AI-37220
Discussion and approval of recommended changes to county election precinct boundaries under Article 3, Section 28 of the Texas Constitution and described in Texas Election Code 42.032 due to the redistricting by the City of Weslaco of their single member districts.
Ms. Ramon and Brenda Renteria informed the Court Court that in packet #1 there were fourteen voting precincts in Pct. 1, but have now been increased to eighteen, due to moved boundaries. This item will be brought back in two weeks for further discussion and possible action.
Ms. Renteria continued to explain that in packet 2, there were changes to Pct. 1 and Pct. 3. Ms. Ramon clarified that they went from 257 voting precincts down to 255.
This item will be brought back in two weeks for further discussion and review.
NO ACTION taken on this item.
Ms. Ramon and Brenda Renteria informed the Court Court that in packet #1 there were fourteen voting precincts in Pct. 1, but have now been increased to eighteen, due to moved boundaries. This item will be brought back in two weeks for further discussion and possible action.
Ms. Renteria continued to explain that in packet 2, there were changes to Pct. 1 and Pct. 3. Ms. Ramon clarified that they went from 257 voting precincts down to 255.
This item will be brought back in two weeks for further discussion and review.
NO ACTION taken on this item.
Attachments:
B.
AI-37350
Approval of Full Contract for Election Services between Hidalgo County and the McAllen Independent School District for their election to be held on May 11, 2013.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
Attachments:
C.
AI-37348
Approval of the appointment of members to Hidalgo County Vote Centers Committee based on recommendations from Judge & Commissioners.
Ms. Amanda Valdez provided the Court a list of Proposed Vote Center Committee Members for review and approval by the Court. On the list were: Eden Ramirez, Jr., Jennifer Ruiz-Longoria, Angie Ramirez, Sara Vela, Rosalie Weisfeld, David Rodriguez, Jesus Ozuna, Annette Muniz, Victor Garza, Eliza Alvarado, Kristen Hones, Ramona Casas, Martha Sanchez, Amy Zuniga, Ann Coss, Ray Eufracio (Linda Fong as Alternate), Kelly Rivera-Salazar, Javier Villalobos, and Andrew Fish.
Discussion continued, during which time Ms. Yvonne Ramon requested authority to invite Ms. Dorothy Kennedy, Elections Administrator of Lubbock County, to discuss Vote Center Programs. The Court agreed it was a good idea.
Ms. Amanda Valdez provided the Court a list of Proposed Vote Center Committee Members for review and approval by the Court. On the list were: Eden Ramirez, Jr., Jennifer Ruiz-Longoria, Angie Ramirez, Sara Vela, Rosalie Weisfeld, David Rodriguez, Jesus Ozuna, Annette Muniz, Victor Garza, Eliza Alvarado, Kristen Hones, Ramona Casas, Martha Sanchez, Amy Zuniga, Ann Coss, Ray Eufracio (Linda Fong as Alternate), Kelly Rivera-Salazar, Javier Villalobos, and Andrew Fish.
Discussion continued, during which time Ms. Yvonne Ramon requested authority to invite Ms. Dorothy Kennedy, Elections Administrator of Lubbock County, to discuss Vote Center Programs. The Court agreed it was a good idea.
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 appoint Lita Leo, Pct. 3 and Karina Cardoza, Co. Judge's Office, as members to the Hidalgo County Vote Centers in addition to the list of members as attached.
Vote: 4 - 0
Attachments:
15.
Planning Department - Raul Sesin:
A.
AI-37466
Consideration and Possible Action to Approve an Order Confirming Cancellation of Valley Star Acres Subdivision - Pct. 4
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
Attachments:
16.
Precinct #1 - Comm. Cuellar:
A.
AI-37487
Pct. #1 (1200)
1. Approval of the following personnel actions:
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedules.
1. Approval of the following personnel actions:
| Action | Pgm. | Slot No. | Position Title | Budgeted Salary |
| Delete | Administration | 0011 | Clerk IV | 36,565.00 |
| Create | Rd. Maintenance | 0135 | Truck Driver III | 36,565.00 |
2. 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 16.A.1, 2 & 3.
Vote: 4 - 0 - Unanimously
Attachments:
17.
Precinct #4 - Comm. J. Palacios:
A.
AI-37433
Pct. #4 (1200)
Approval of 2013 appropriation of funds into Pct.# 4 Rd. Maint. (Program 007 $155,400) and Pct.# 4 Adm. (program 005 $2,600) in the total amount of $158,000.00 to fund operating expenditures.
Approval of 2013 appropriation of funds into Pct.# 4 Rd. Maint. (Program 007 $155,400) and Pct.# 4 Adm. (program 005 $2,600) in the total amount of $158,000.00 to fund operating expenditures.
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:
18.
Budget & Management - Sergio Cruz:
A.
AI-37585
1. Approval to issue check payable to Texas Department of Transportation Trust Fund for the local participation on Mile 2 West Road Project (CSJ:0921-02-170, etc.) in the amount of $762,737.00.
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 2013 interfund transfer from 2009 Certificates of Obligation Fund (1339) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $98,070.64.
3. Approval of 2013 interfund transfer from 2009 B&C Certificates of Obligation Fund (1341) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $289,887.98.
4. Approval of 2013 interfund transfer from 2010 A&B Certificates of Obligation Fund (1342) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $224,444.58.
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 18.A.2-4.
Vote: 4 - 0
5. Approval of 2013 interdepartmental transfer from TxDot Drainage-FM2128 Fund (1315) to Pct #1 Tx Dot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $153,317.00.
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 2013 interfund transfer from 2009 Certificates of Obligation Fund (1339) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $98,070.64.
3. Approval of 2013 interfund transfer from 2009 B&C Certificates of Obligation Fund (1341) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $289,887.98.
4. Approval of 2013 interfund transfer from 2010 A&B Certificates of Obligation Fund (1342) to Pct #1 TxDot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $224,444.58.
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 18.A.2-4.
Vote: 4 - 0
5. Approval of 2013 interdepartmental transfer from TxDot Drainage-FM2128 Fund (1315) to Pct #1 Tx Dot Mile 2 West (Mile 12-US83)Fund (1315) Road Project in the amount of $153,317.00.
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:
B.
AI-37517
Discussion, consideration, and action to discontinue employee payroll deductions for all Voluntary Insurance products no longer offered by the county.
Sergio Cruz, Budget Officer, explained that currently, employees are being deducted from paycheck for the Voluntary Products. The Court asked to continue doing the employee deductions.
NO ACTION taken on this item.
Sergio Cruz, Budget Officer, explained that currently, employees are being deducted from paycheck for the Voluntary Products. The Court asked to continue doing the employee deductions.
NO ACTION taken on this item.
C.
Budget Appropriations:
1.
AI-37523
Pct 1 BCAP Dimas 2 & 3 (1200):
Approval of 2013 appropriation of funds in the amount of $11,000.00 to fund Road & Drainage Construction contract and completion of project.
Approval of 2013 appropriation of funds in the amount of $11,000.00 to fund Road & Drainage Construction contract and completion of project.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
19.
Purchasing Department - Marty Salazar:
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FOWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
A.
Hidalgo County
1.
Presentation for acceptance and approval of Current inter-local(s) and/or contract(s) for the "Housing of Inmates"
2.
Presentation for discussion, consideration and action
Including, but not limited to, the following items in connection with New Adult Detention Center:
a) Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
b) Construction of additional pod(s)
c) Selection and engagement of an architect for the construction of additional pods
NO ACTION taken on items 19.A.1 & 2.a, b & c.
Including, but not limited to, the following items in connection with New Adult Detention Center:
a) Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
b) Construction of additional pod(s)
c) Selection and engagement of an architect for the construction of additional pods
NO ACTION taken on items 19.A.1 & 2.a, b & c.
3.
AI-37586
a. Acceptance and approval of Supplemental Agreement No. 1 to the Professional Services Contract #C-10-062-02-16 with TEDSI Infrastructure (HCMDS Phase II J-09 Lateral Drain) in amending the contract and thus allowing to add Right Of Way Negotiation & Acquisition Services to said Exhibit B-Scope of Services to be provided by Engineer along with the addition of Valley Right Of Way Consulting Services, LL C as a Sub-Consultant; and,
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
b. Acceptance and approval of Work Authorization No. 1 Supplemental Agreement No. 4 in connection to Contract #C-10-062-02-16 with TEDSI Infrastructure so as to provide "Revisions to the Hydrologic & Hydraulics, Revisions to the PS&E, Revisions to the parcel surveys and M&B Descriptions, Right Of Way Negotiations & Acquisitions and construction Phase Services along with adding a sub-consultant (Valley Right Of Way Consulting Services, LLC)" as stated in the agreement document with an estimated amount of $292,736.62.
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
b. Acceptance and approval of Work Authorization No. 1 Supplemental Agreement No. 4 in connection to Contract #C-10-062-02-16 with TEDSI Infrastructure so as to provide "Revisions to the Hydrologic & Hydraulics, Revisions to the PS&E, Revisions to the parcel surveys and M&B Descriptions, Right Of Way Negotiations & Acquisitions and construction Phase Services along with adding a sub-consultant (Valley Right Of Way Consulting Services, LLC)" as stated in the agreement document with an estimated amount of $292,736.62.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
4.
AI-37587
a. Information purposes only to Hidalgo County Commissioners Court (including Board of Directors of Hidalgo County Drainage District #1) and pursuant to TX LOC 116 Depository and Sub-Depository Notification of Acceptance Date for "Bank Depository Application(s)" on this date/today: March 12, 2013 at 10:00 a.m as authorized for advertising by CC - 1-22-2013 (AI#35757) and thereafter by Addendum #3 presented /approved to/by CC on (March 05, 2013 - AI #37307).
Bids were received outside the Edinburg Council Chambers until 10:00 a.m. Only five Bids were received.
b. List of submitted Bank Applications:
Bids were received outside the Edinburg Council Chambers until 10:00 a.m. Only five Bids were received.
b. List of submitted Bank Applications:
| 1. Frost Bank | 5. International Bank |
| 2. Lone Star National Bank | 6. |
| 3. BBVA Compass | 7. |
| 4. First National Bank | 8. |
Judge Garcia read into the record the listings of submitted Bank Applications. He clarified that all submittals had acknowledged receipt of the Addendums, with the exception of First National Bank.
Commissioner Joseph Palacios then asked Ms. Salazar if a committee had been Identified. Ms. Salazar clarified that the committee has been identified, with the exception of Commissioner Flores' selection, but authorization was previously provided for his selection.
NO ACTION needed for items 19.A.4.a & b.
Attachments:
B.
Pct. 2
1.
AI-37535
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;
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. 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 service providers for Thomas Road (Jackson-Stuart Project) located in Pct No. 2;
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. 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 service providers for Thomas Road (Jackson-Stuart Project) located in Pct No. 2;
| Evaluator | R. Gutierrez Engineering, Inc | SAM Engineering Inc., | Cruz-Hogan Consultants |
| Evaluator 1 | 96 | 92 | 91 |
| Ranking | 1 | 2 | 3 |
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, 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 architectural services contract with the No. 1 ranked firm of R. GUTIERREZ ENGINEERING, INC._______ for the provision of professional engineering services for Thomas Road (Jackson-Stuart Project) Pct No. 2.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to negotiate a Professional Engineering (Correction) Service contract for Thomas Rd (Jackson-Stewart Rd).
Vote: 4 - 0 - Unanimously
2.
AI-37557
Acceptance and approval to award the best valued proposal from job order contractor, Herrera & Hunt (awarded JOC through HCDE-Choice Facility Partners) in the amount of $65,469.08 for the installation of "Parking Lights to Parking Lot/Street in Lopezville Baseball Park Project located in Pct. #2 as reviewed and approved by project engineer, Raul Sesin, PE - #2013-099-OGG.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Attachments:
3.
AI-37552
a. Clarification of AI-34722 approved on 10/30/2012 to reflect the revised corrected amount, from $15,878.55 to $15,361.03 due to mathematical error on original request for Curb & Gutter improvements to Rodriquez Street in Lopezville Pct. #2 area through awarded contractor Herrera & Hunt (awarded JOC through HDDE-Choice Facility Partners).
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
b. Approval of Certificate of Substantial Completion and Change Request for quantitative decrease and adjustments of linear ft.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
b. Approval of Certificate of Substantial Completion and Change Request for quantitative decrease and adjustments of linear ft.
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:
C.
Pct. 3
1.
AI-37421
Acceptance and approval to execute a Professional Surveying Services (On an As Needed Basis) contract/agreement for the provision of surveying services for "Projects located within Hidalgo County Precinct No. 3 ," with RODS Surveying, as authorized & approved for negotiations by CC on 12/28/12.
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:
D.
Colonia Access Program Pct. 1
1.
AI-37473
Acceptance, and approval of the following for C-CAP-12-112-12-28 Road & Drainage Construction for Dimas 2 & 3 Subdivisions (Pct 1) between Hidalgo County and Texas Cordia Construction, LLC as submitted through project engineer, TEDSI Infrastructure Group:
a. Final construction contract (CC awarded - 12-28-12) in the amount of $232,566.82;
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".
a. Final construction contract (CC awarded - 12-28-12) in the amount of $232,566.82;
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. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 19.D.1.a & b.
Vote: 4 - 0 - Unanimously
Attachments:
20.
Closed Session:
On motion byCOMMISSIONER, PCT. A1 A.C. CUELLAR, JR., 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:
On motion byCOMMISSIONER, PCT. A1 A.C. CUELLAR, JR., 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-37469
Claim of Hidalgo County vs Roberto Ysaguirre Jr.
D.
AI-37474
Claim of Hidalgo County vs Noe Vela-Castillo
E.
AI-37526
Civil Action No. 1:12-cv-12; Javier Hinojosa v. Jesse Lee Sandlin, et al
F.
AI-37575
CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo
G.
AI-37578
EEOC Charge No. 451-2013-01317; Benito Gutierrez
H.
AI-37546
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Beer - Tax Abatement.
I.
AI-37549
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Shade - Tax Abatement.
NO ACTION taken on items 20.A through I.
NO ACTION taken on items 20.A through I.
21.
Open Session:
A.
Real Estate Acquisition and appropriation for same
NO ACTION taken on this item.
NO ACTION taken on this item.
B.
Pending and/or potential litigation
NO ACTION taken on this item.
NO ACTION taken on this item.
C.
AI-37470
Claim of Hidalgo County vs Roberto Ysaguirre Jr.
Valde Guerra informed the Court that he would be deferring this claim to Ms. Josephine Ramirez and her Office.
Valde Guerra informed the Court that he would be deferring this claim to Ms. Josephine Ramirez and her Office.
D.
AI-37475
Claim of Hidalgo vs Noe Vela-Castillo
Valde Guerra informed the Court that he would be deferring this claim to Ms. Josephine Ramirez and her office.
Valde Guerra informed the Court that he would be deferring this claim to Ms. Josephine Ramirez and her office.
E.
AI-37527
Civil Action No. 1:12-cv-12; Javier Hinojosa v. Jesse Lee Sandlin, et al
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $5,000.00.
Vote: 4 - 0 - Unanimously
F.
AI-37576
CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo
Refer to item 7.A.1 & 2.
Refer to item 7.A.1 & 2.
G.
AI-37579
EEOC Charge No. 451-2013-01317; Benito Gutierrez
Refer to item 7.A.1 & 2.
Refer to item 7.A.1 & 2.
H.
AI-37548
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Beer - Tax Abatement.
NO ACTION taken on this item.
NO ACTION taken on this item.
I.
AI-37553
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Shade - Tax Abatement.
NO ACTION taken on this item.
NO ACTION taken on this item.
22.
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
23.
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
24.
Adjourn
The Court went back to discuss item 7.C.
The Court went back to discuss item 7.C.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to 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 12th 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 12, 2013.
Signed this 14th 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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 12th 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 12, 2013.
Signed this 14th 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