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Minutes for CC REGULAR

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REGULAR MEETING - MARCH 26, 2013

BE IT REMEMBERED, that on this 26th day of March A.D., 2013, there was begun and held a REGULAR 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 26, 2013
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 Prayer.
 
3.
 
Prayer
Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
 
Open Forum
-Opal Billman expressed concerns on her about her false imprisonment on her own property and ownership of said property.
-Fern McClaugherty discussed travel expenses, how it benefits the County, etc.
 
6.
 
County Judge's Office:
 
A.
 
Report on bills before the Texas Legislature of interest to Hidalgo County

Rick Alvarez came before the Court to inform them of various Bills that are before the Legislature and may effect Hidalgo County. The Bills discussed are:

-HB 2423 - Creation of Regional Transit Authtority
-HB 369 - Transportation of patients with a mental illness
-SB 1426 - Appointment of a County Auditor
-SB 170 - Building Code Standards for New Residential construction
-HB 827 - Agreement with DPS and County Clerk for renewal of duplicate Drivers License, etc.
-HB 1515 - DPS & Tax Office
-SB 969 - Electronic Admisability of certain statements made by an accused due to Interrogations.





 
B.
AI-37772
Discussion and action on request by the Texas Municipal Police Association for the waiving of $5 administrative fee for Hidalgo County Adult Probation Association members and consideration of payroll deduction for the Texas Police Trust insurance.
 
View Agenda Item
 

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 to leave fees as is.

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
AI-37885
Resolution honoring La Union del Pueblo Entero

Karina Cardoza read the Resolution into the Record.

View Agenda Item
 

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 Resolution.

Vote: 4 - 0 - Unanimously

 
D.
AI-37858
Authorization for the County Judge to sign a letter of Modification to the Grant Period of Performance to the United States Department of Energy regarding the Energy Efficiency Block Grant Project
View Agenda Item
 

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

 
E.
AI-37676
Presentation by Hidalgo County MPO on Bicycle Safety/Safe Passing Awareness

Presentation by Andrew Canon.
View Agenda Item
 
F.
AI-37528
1.  Requesting permission by CASA of Hidalgo County, Inc. to use open forum area of the courthouse for Candlelight Vigil to be held on April 03, 2013 (including the posting of banner and wooden cross to represent children who lost their lives)

2.  Approval of Proclamation recognizing the month of April as National Child Abuse Prevention Month - CASA

Ms. Rodriguez read the Resolution into the Record.
View Agenda Item
 

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 6.F.1 & 2.

Vote: 4 - 0 - Unanimously

Attachments:
 
G.
AI-37631
Discussion and possible action on Census count

Presentation on the Census undercount and their findings.
View Agenda Item
 
H.
AI-37898
Discussion, status update and possible action on Hidalgo County's contribution to the TIRZ #1, City of Edinburg, Texas known generally as "The Shoppes at Rio Grande Valley"

NO ACTION taken on this item.

View Agenda Item
 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption as it pertains to item 24.G. - Potential Litigation - Electric Service Provider (Reliant) Sales Agreement.
Vote: 3 - 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. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to engage with the firm of Andy Taylor as it pertains to item 24.G. - Potential Litigation - Electric Service Provider (Reliant) Sales Agreement.
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
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-37810
Approval to authorize Valde Guerra, Executive Officer to sign documents on behalf of Joe Pena pertaining to Right of Way (permits, closing statements, invoices, plats, etc.), in his absence 
View Agenda Item
 
D.
AI-37797
Approval to accept a settlement check from Dairyland Insurance Company in the amount of $61.33 to settle County property damages. (Precinct 4) 
View Agenda Item
Attachments:
 
E.
AI-37619
Requesting approval for Renan Ramirez (CIO) to attend the TAGITM 35th Anniversary Conference at South Padre Island, Texas April 22-25, 2013.
View Agenda Item
Attachments:
 
8.
 
Constables:
 
A.
AI-37834
Constable Precinct No. 4:
Discussion, consideration, and approval to appoint Horaldo Sanchez as a Deputy Constable by Constable J.E. "Eddie" Guerra, Constable Precinct 4 in accodance with Texas Local Government Code Section 86.011.
View Agenda Item
Attachments:
 
9.
 
Human Resources - Esther Cortez:
 
A.
AI-37544
Health & Human Services Health Div.- Admin (1100):
1.  Approval to create the following regular full time position:

Position Title Slot # Program Salary
Public Health Technician II 0053 Administration $ 43,000.00

2.  Requesting permission to advertise/hire for the following full time position:

Position Title Slot # Program Salary
Public Health Technician II 0053 Administration $ 43,000.00
 
3.  Approval of revised salary schedule.
View Agenda Item
 

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.1, 2 & 3.

Vote: 4 - 0

Attachments:
 
10.
 
Tax Office - Paul Villarreal:
 
A.
AI-37660
Approval to process payment of claim for First National Bank Invoice#: 2026791375 dated Feb. 13, 2013 in the amount of $85.91 with authority for County Treasurer to issue payment after review & auditing procedures are completed.

NO ACTION taken on this item.
View Agenda Item
Attachments:
 
B.
AI-37755
Resolution honoring Elvia de la Rosa

Karina Cardoza read the Resolution into the Record.
View Agenda Item
 

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

Vote: 5 - 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

Sergio Cruz provided the Court options on how to catch up with the funds that is owed to the UPL Program.

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-37540
1. Approval to add account #857868885 to SBC LONG Distance, aka as AT&T, Contract DIR-TEX-AN-NG-CTSA-005.

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: 3 - 0

2. Approval to process payment of claim for telephone services (SBC Long Distance. Vendor #278378) for Weslaco Clinic Account #857868885 in the amount of $75.27 (PO # 688502). 
View Agenda Item
 

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: 3 - 0

Attachments:
 
D.
AI-37696
Pursuant to Chapter 121 Local Public Health Reorganization Act; Sec. 121.006, requesting approval of the sliding fee schedules effective April 1, 2013.  The sliding fee schedules have been revised based on the Federal Poverty Level that becomes effective April 1, 2013.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
12.
 
Emergency Management - Oscar Montoya:
 
A.
AI-37793
Status update on the Irrigation Water Allotment.

NO ACTION taken on this item.

View Agenda Item
 
13.
 
IT Department - Renan Ramirez
 
A.
AI-37664
Elections Dept.:
Authorization and approval to change wireless service plan through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:

Equipment: Employee Name: Plan Description: MDN:
Cell Phone Elections-Office Use State of Texas Loc Dig Choice 600 Share Anytime Unl in NW + 200 txt/pix/flix @ $38.99 + $5.00taxes/fees X 9/months (April-Dec.2013) = $395.91 956-587-8464
Cell Phone Elections-Office Use State of Texas Loc Dig Choice 600 Share Anytime Unl in NW + 200 txt/pix/flix @ $38.99 + $5.00taxes/fees X 9/months (April-Dec.2013) = $395.91 956-587-8465
Cell Phone Elections-Office Use State of Texas Loc Dig Choice 600 Share Anytime Unl in NW + 200 txt/pix/flix @ $38.99 + $5.00taxes/fees X 9/months (April-Dec.2013) = $395.91 956-587-8466
Cell Phone Elections-Office Use State of Texas Loc Dig Choice 600 Share Anytime Unl in NW + 200 txt/pix/flix @ $38.99 + $5.00taxes/fees X 9/months (April-Dec.2013) = $395.91 956-587-8467
View Agenda Item
 

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 all items listed under item 13.A.

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-37743
Fire Marshal:
Authorization and approval to purchase wireless devices and service through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:

Qty: Description: Employee Name: Employee Number: Service Plan: Equipment: MDN: Requisition:
1 Cell Phone Wesley Bradley 138088 America's Choice II 1000 Share Email&Data+N&W+TXT+IN Unl. @ $74.98 + $5.00/taxes/fees X 9/months (April-Dec.2013) = $719.82 Apple iPhone 5 @ $199.99(one time cost)  956-393-1848 Serv:233364
Equi:230444
1 Cell Phone Tommy Ureste 126403 America's Choice II 1000 Share Email&Data+N&W+TXT+IN Unl. @ $74.98 + $5.00/taxes/fees X 9/months (April-Dec.2013) = $719.82 Apple iPhone 5 @ $199.99(one time cost) 956-227-7024 Serv:233364
Equi:230444
1 Cell Phone Eric Sanchez 193593 America's Choice II 1000 Share Email&Data+N&W+TXT+IN Unl. @ $74.98 + $5.00/taxes/fees X 9/months (April-Dec.2013) = $719.82 Apple iPhone 5 @ $199.99(one time cost) 956-289-3873 Serv:233364
Equi:230444
1 Cell Phone Juan Martinez 138126 America's Choice II 1000 Share Email&Data+N&W+TXT+IN Unl. @ $74.98 + $5.00/taxes/fees X 9/months (April-Dec.2013) = $719.82 Apple iPhone 5 @ $199.99(one time cost) 956-239-1180 Serv:233364
Equi:230444
1 Cell Phone Rolando Casas 105937 America's Choice II 1000 Share Email&Data+N&W+TXT+IN Unl. @ $74.98 + $5.00/taxes/fees X 9/months (April-Dec.2013) = $719.82 Apple iPhone 5 @ $199.99(one time cost) 956-289-3857 Serv:233364
Equi:230444
7 Data Cards Office Use N/A 4G Unl. Mobile Broadband Plan @ $37.99 + $5.00/taxes/fees X 7 X 9/months(April-Dec.2013) = $2,708.37 Pantech 4G LTE USB @ $0. New Serv:233355
Equi:230444
2 Data Cards Office Use N/A 4G Unl. Mobile Broadband Plan @ $37.99 + $5.00/taxes/fees X 2 X 9/months(April-Dec.2013) = $773.82 MIFI4620LE New Serv:233355
Equ:230444
               
5 Internet Service for Ticket Writer Office Use N/A Machine to Machine 50MB Plan "Share Group 1" @ $15.00/each + $5.00/taxes/fees X 5 X 9/months(April-Dec.2013) = $900.00 $0 New 233365
View Agenda Item
 

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 all items listed under item 13.B.

Vote: 4 - 0 - Unanimously

Attachments:
 
14.
 
Urban County - Diana Serna:
 
A.
AI-37622
Urban County Program, on behalf of the City of Penitas, is requesting approval of a best and final negotiated contract for professional engineering services with Javier Hinojosa Engineering in the amount of $3,790.00 utilizing Year 25 (2012) Urban County funds for street improvements on the Penitas Park Avenue in Penitas, Texas.
View Agenda Item
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-37642
Requesting approval of a budget and program amendment for the City of Progreso to its Urban County Program FY 25 (2012) work plan. The amendment will decrease the street improvements activity by $14,345.00 and create a Parks, Recreational Facilities activity and add the following scope of work: the construction of a parking lot at the Progreso City Park, to include but not limited to purchase and installation of area lighting along the walking trail and all around the park, including all related engineering fees, material testing fees, and advertisements as they pertain to project completion for a project already included in 2011 work plan.
View Agenda Item
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-37641
The Urban County Program on behalf of the City of Progreso is requesting approval and award of best and final negotiated contract with Raba Kistner Consultants, Inc. in the amount of $11,292.60 utilizing CDBG Year 25 (2012) for the City of Progreso – Street Improvements.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
D.
AI-37640
The City of Elsa and Urban County Program are requesting authorization to cancel an existing contract with J.E. Saenz & Associates, Inc. in the amount of $10,000.00 for a 2004 Water/Sewer Improvements project. The City received a grant from the Water Development Board and decided they did not need the services from the engineer. Urban County Program has received reimbursement from the City of Elsa for the work completed and paid to the engineer.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
E.
AI-37638
The City of Elsa and Urban County Program are requesting authorization to cancel an existing contract with J.E. Saenz & Associates, Inc. in the amount of $24,748.30 for a 2005 Water/Sewer Improvements project. The City received a grant from the Water Development Board and decided they no longer needed the services from the engineer. Urban County Program has received reimbursement from the City of Elsa for the work completed and paid to the engineer.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-37692
Approval of the appointment of members to Hidalgo County Vote Centers Committee based on recommendations from Judge & Commissioners.

Ms. Ramon informed the Court that Ms. Kennedy and some of Lubbock County Court Members plan on attending a meeting with the Vote Centers Committee Members on April 16 and with the Hidalgo County Commissioners' Court on April 17.

NO ACTION taken on this item.
View Agenda Item
 
B.
AI-37691
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 informed the Court that this item was presented to and approved by the Weslaco City Commission.
View Agenda Item
 

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 the recommended changes.

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-37656
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit, and processing procedures are completed by the County Auditor.

Invoice Date: Vendor: Amount:
January 23, 2013 Verizon Wireless $145.28
February 23, 2013 Verizon Wireless $145.28
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
16.
 
Head Start Program - Teresa Flores:
 
A.
AI-37737
Recognition of the Blue Ribbon Centers

Teresa Navarro, HeadStart Director, recognized the following HeadStart Centers for maximizing their resources and meeting all standards: 
Western Rd. Facility, Monte Alto, Las Milpas I, Donna I, Sullivan, McAllen VI, Mercedes II, San Juan I, Las Milpas, McAllen V and Donna II 




View Agenda Item
Attachments:
 
B.
AI-37736
Review/Approval of Program Plan to Address Reduction in Funding

Ms. Flores informed the Court that 19 vacant positions were cut in efforts to keep the same number of children attending the Headstart Program due to 5% reduction in funding to the program. 
View Agenda Item
 

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 Program Plan.

Vote: 3 - 0 - Unanimously

Attachments:
 
C.
AI-37735
Office of Head Start Notification Regarding Sequestration

Ms. Flores reiterated that the they had the option to reduced staff and reduce children's slots, but did not proceed with that option.

NO ACTION taken on this item.
View Agenda Item
Attachments:
 
D.
AI-37734
Discussion/Approval of Hidalgo County Head Start Program Self-Assessment Results
View Agenda Item
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
E.
AI-37733
Discussion/Approval to Contract with Ann Awalt to Assist with the Development of the Strategic Plan for the Hidalgo County Head Start Program Quote #2013-005-03-18
View Agenda Item
 

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 legal review.

Vote: 3 - 0 - Unanimously

 
F.
AI-37732
Discussion/Approval to Contract with The University of Texas Pan American for the Preparation of the Tri-Annual Comprehensive Community Assessment, Quote #2013-004-03-18
View Agenda Item
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
G.
AI-37896
Discussion/Approval on Request to Enter into a Non-Standard Service Agreement Between Hidalgo County Head Start Program and AGUA Special Utility District, a Sole Provider, in the Amount of $9869.48, to Install Pipes, Lines, Meters and Valves for Water Service at the Relocated Palmview I Head Start Center
View Agenda Item
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
17.
 
Right of Way - Joe Pena:
 
A.
AI-37757
Consideration of the use of Eminent Domain to condemn property on the following Parcels for the FM 681/ FM 2221 Road Project (TxDot CSJ # 0669-01-052) Parcel #74. (Pct. # 3) ( a description of such parcels attached as Exhibit A)
View Agenda Item
 

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 to authorize Hidalgo County the use of the power of Eminent Domain to acquire Parcel #74 for the expansion of FM 681/FM 2221 Road Project (TxDot CSJ # 0669-01-052) as more particularly described in the attached Exhibit A in the agenda packet and the record vote shall apply to all parcels identified in this motion to be condemned and the minutes of Hidalgo County shall reflect that the record vote on this motion shall apply to all Parcels.

AYE: JUDGE GARCIA, COMMISSIONER A.C. CUELLAR, JR. AND COMMISSIONER HECTOR PALACIOS

Vote: 3 - 0

Attachments:
 
18.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-37780
Requesting approval to submit the "Pro Rata Tobacco Settlement Distribution County Expenditure Statement - 2013" to the Department of State Health Services, and authorize County Judge to execute the report.
View Agenda Item
 

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: 3 - 0 - Unanimously

 
19.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-37752
Pct. 2 Sanitation & Constable Pct. 2 (1100):
1.  Approval of the following personnel actions:

Action Department Slot No. Position Title Budgeted Salary
Delete Pct. 2 Sanitation 0023 Solid Waste Enforcement Officer $39,140.00
Create Constable Pct. 2 0014 Administrative Assistant II $31,045.00

2.  Approval of interdepartmental/ intradepartmental transfer(s).
3.  Approval of revised salary schedule.
View Agenda Item
 

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 items 19.A.1, 2 & 3.

Vote: 3 - 0 - Unanimously

Attachments:
 
20.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-37883
Update by Mario Jorge of TxDOT on SH 68 (Segment D)

Presentation by Mario Jorge.
View Agenda Item
 
21.
 
Budget & Management - Sergio Cruz:
 
A.
 
Budget Appropriations:
 
1.
AI-37777
Various Grants:
Approval to de-obligate cash match funds for the following grants and appropriate into Countywide Administration-Contingency (Fund 1100):

 Grant Amount 
 Stop Truancy Grant (Fund 1285) $1,024.71 
 Public Defender's Juvenile Section Grant (Fund 1282) $9,835.60 
 CJD JAIBG Grant (Fund 1286) $1,272.36 
 Border Health EWIDS Grant (Fund 1293) $6,856.64 
 CPH BIO PREP Grant (Fund 1293) $2,850.69 
 Hazard Mitigation Grant (Fund 1283) $238.42 
 Juvenile Probation Grant (Fund 1294) $135,000.00
View Agenda Item
 

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

Vote: 3 - 0 - Unanimously

 
22.
 
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 22.A.1 & 2.a, b & c.
 
3.
AI-37884
As requested by Hon. Israel Ramon, Presiding Judge of the 430th State District Court of Hidalgo County, presentation for CC's acceptance and approval of six (6) invoices attached herein  (Oct.-Nov.-Dec. 2012 & Jan.-Feb.-Mar. 2013) from ASG Security for the provision of security monitoring services since the agreement for said services expired in Sept. 2012 (exhaustion of month to month provision under original agreement) with anticipated date for presentation of a new agreement on CC meeting of 4-02-13.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
B.
 
Pct. 1
 
1.
AI-37862
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. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption.
Vote: 3 - 0 - Unanimously


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 appraisal services providers for (on call as needed basis) for Pct No. 1;

evaluator Leonel Garza, Jr., & Associates Professional Appraisal Services, Inc HLH Appraisal Services
evaluator 1 96 92 91
Ranking  1  2  3

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve in the order of their scores.
Vote: 3 - 0 - Unanimously


c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of     Leonel Garza, Jr., & Associates      for: the provision of professional appraisal services for (on call as needed basis) in Pct No. 1.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
C.
 
Pct. 2
 
1.
AI-37893
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 $63,275.22 for the installation of " Lights to South Tower Park Facility" in Pct. #2 as reviewed and approved by project engineer, Raul Sesin, PE - #2013-121-OGG.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
D.
 
Pct. 3
 
1.
AI-37827
a. Acceptance and approval to execute an "On Call" professional engineering services contract with L&G Engineering Laboratory, LLC for, "Construction Material Testing for All Projects" for Precinct No. 3 as approved for negotiations on 2/12/13. 

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


b. Acceptance and approval of Work Authorization No. 1 (estimated cost of $15,734.12) for provision of construction material testing services required by Pct. #3 consisting of: "Mile 2 (Abraham to La Homa) Project" with L&G engineering Laboratory, LLC, under contract No. C-13-071-03-26.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
E.
 
Pct. 4
 
1.
AI-37859
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. 1 A.C. CUELLAR, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve the exemption.
Vote: 3 - 0 - Unanimously


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 Sunflower Road Park Project located in Pct No. 4.

Evaluators LeFevre Environmental & Management Consultant Quintanilla, Headley & Associates Inc. SAMES, Inc
Evaluator 1 99 98 97
Ranking  1  2  3

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve in the order of their scores.
Vote: 3 - 0 - Unanimously


c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of    LeFevre Environmental & Management Consultant      for: the provision of professional engineering services for Sunflower Road Park Project located in Pct No. 4.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
F.
 
Elections
 
1.
AI-37776
a.  Requesting exemption from competitive bidding requirements, Texas Local Government Code, 262.024 (a)(4)-a professional service";

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption. 
Vote: 3 - 0

b.  Acceptance and approval of Letter of Engagement with Hon. Rolando L. Rios to provide service regarding the Department of Justice -Pre-Clearance of 2013 Voting Precinct Changes.
View Agenda Item
 

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, not exceeding $2,000.00.

Vote: 3 - 0

Attachments:
 
G.
 
Facilites Management
 
1.
AI-37890
A. Approval to add the Exterior Modifications as required to comply with including, but  not limited to, City of Edinburg's beautification code(s),  Fire Marshal and ADA requirements plus any other appurtenances to current contractor,  CAS Companies, LP awarded vendor with  Tips/Taps (contract #10012413) through one of the following options:

a.   Increase existing PO #682714 in the amount of $464,681.57 which includes a quantative  adjustment of  $94,819.34 from original PO #682714; or in the alternative,
 
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0


b.   Issue a separate PO for proposed Phase II Modifications;

NO ACTION taken on this item.


B. Requesting authorization and approval for CAS Companies, LP to utilize the Adjustment allowance of $45,000.00 in PO #682714 for the Interior Modifications to the Courtroom modulars in the amount of $43,290.17.
View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
H.
 
Constables
 
1.
AI-37853
Acceptance and Approval to Award the Best Valued Proposal received from Herrera and Hunt awarded Job Order Contractor (through the County's participation with Harris County Department of Education/ CHOICE) in the amount not to exceed $114,381.59 for the Constable Pct.1 Building (Project#2013-032-01-16)  Concrete Work & Water Line Improvements.

View Agenda Item
 

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: 3 - 0 - Unanimously

Attachments:
 
I.
 
Sheriff's Office
 
1.
AI-37303
a. Requesting Exemption from Competitive Bidding Requirements under the Texas Local Government Code 262.024(a)(4), a professional service;

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption.
Vote: 3 - 0

b. Authority to enter into negotiate a professional Veterinary Services contract with Four Paws
View Agenda Item
 

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 to enter into negotiations with Four Paws.

Vote: 3 - 0 - Unanimously

 
2.
AI-36985
a. Requesting exemption from competititve bidding requiremnts under the Texas Local Government Code, Section 262.024(A) (4) a professional services;

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve the exemption. 
Vote: 3 - 0


b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluatoed through the County's approved "pool" of professional engineering services in connection with the Law Enforcement Center & Adult  Detention Facility Roof Repairs;

Evaluators ERO Architects SAMES Engineering Chanin Engineering ,LLC
Evaluator 1 93 82 98
Evaluator 2 88 89 96
Evaluator 3 93 81 98
Average 91 84 97
Ranking  2  3  1

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


c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of    Chanin Engineering, LLC      for: the provision of professional engineering services in connection with the Law Enforcement Center & Adult Detention Facility Roof Repairs. 
View Agenda Item
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
23.
 
Closed Session:
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 by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval to go into Closes Session.

Vote: 3 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-37762
Claim of Hector G. Rodriguez 
View Agenda Item
 
D.
AI-37804
Claim of Alfredo Villanueva 
View Agenda Item
 
E.
AI-37764
Claim of Hidalgo County vs Juan J. Prado & Erasmo S. Luna
View Agenda Item
 
F.
AI-37857
Claim of Feliciano Ramos
View Agenda Item
 
G.
AI-37888
Potential Litigation - Electric Service Provider (Reliant) Sales Agreement
View Agenda Item
 
H.
AI-37899
Civil No. 7:08-CV-217; USA v. 5.77 acres of land, more or less, situated in Hidalgo County, State of Texas, and Daniel E. Arnold, et al

NO ACTION taken on items 23.A through H.
View Agenda Item
 
24.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same
 
B.
 
Pending and/or potential litigation

NO ACTION taken on this item.
 
C.
AI-37763
Claim of Hector G. Rodriguez 
View Agenda Item
 

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 offer in the amount of $1,600.00.

Vote: 3 - 0 - Unanimously

 
D.
AI-37805
Claim of Alfredo Villanueva 
View Agenda Item
 

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 in the amount of $3,125.00.

Vote: 3 - 0

 
E.
AI-37765
Claim of Hidalgo County vs Juan J. Prado & Erasmo S. Luna 

Valde Guerra disclosed to the Court that this claim would be assigned and reviewed by Ms. Josie Ramirez.
View Agenda Item
 
F.
AI-37863
Claim of Feliciano Ramos
View Agenda Item
 

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 the motion in compromise settlement release with respect to an indemnity agreement between Hidalgo County and the Claim of Feliciano Ramos for a total amount of $7,250.00.

Vote: 3 - 0 - Unanimously

 
G.
AI-37889
Potential Litigation - Electric Service Provider (Reliant) Sales Agreement

Refer to item 7.A.1 & 2.
View Agenda Item
 
H.
AI-37900
Civil No. 7:08-CV-217; USA v. 5.77 acres of land, more or less, situated in Hidalgo County, State of Texas, and Daniel E. Arnold, et al
View Agenda Item
 

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 to give Judge Ramon Garcia authority to sign a waiver and disclaimer form as it pertains to Civil No. 7:08-CV-217; USA v.5.77 acres of land, more or less, situated in Hidalgo County, State of Texas, and Daniel E. Arnold, et al.

Vote: 3 - 0 - Unanimously

 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
26.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
27.
 
Adjourn
 

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 to Adjourn.

Vote: 3 - 0

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 28th 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 28, 2013.

Signed this   28th    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