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Minutes for CC REGULAR

SPECIAL MEETING - APRIL 30, 2013

BE IT REMEMBERED, that on this 30th day of April 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
April 30, 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 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
-Virginia Townsend expressed concerns with the Constable Pct. 1 Facility
-Opal Billman discussed her Civil Rights, beneficiary of her property, etc.
-Mr. Lopez informed the Court that they had been awarded $8.7 Million in Tax Credits. He asked that the Court draft a request to Congressman Cuellar and Congressman Hinojosa to set up a meeting.
 
6.
 
County Judge's Office:
 
A.
 
Report on bills before the Texas Legislature of interest to Hidalgo County

Rick Alvarez informed the Court on SB 1559 (Collection Fees of Solid Waste Management), HB 3126 (Authorization of Referrendum on Election Fees of an Increase in Optional Fees (to fund Transportation Projects)), HB 611 (Subdivision Regulations), HB 2094 (Regulations of Road Side Vendors), and HB 2475 (Election Codes - Oath by Person Assisting Voter).
 
B.
AI-38197
Approval of Proclamation proclaiming the month of May as "Elder Abuse Prevention Month"
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
AI-38358
Resolution honoring Sheriff Guadalupe "Lupe" Trevino for being a recipient of the 2013 County Best Practices Award from the Texas Association of Counties.
 

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

 
D.
AI-38467
Acceptance of modification to the period of performance for the Energy Efficiency Conservation Block Grant DE-EE0000912 to September 30, 2013 with authorization for the County Judge to sign appropriate documents.
 

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

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

NO ACTION taken on items 7.A.1 & 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
NO ACTION taken on this item.

2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
NO ACTION taken on this item.

3) Emergency situations occurring since last agenda meeting

Arturo Guajardo, Jr., Hidalgo County Clerk, came before the Court to inform them of a leak caused by sewer lines from the second floor that leaked onto their server. Mr. Guajardo asked Buildings & Grounds to assess the situation for possible replacement of the lines and asked the Court for their support in the future. In addition, Mr. Guajardo expressed concerns with not being able to provide service to the community due to the electricity bill not being paid at the McAllen Sub. Station.

 
C.
AI-38422
Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign the Property Damage Release form to settle total loss auto accident with County vehicle. (Sheriff Office)
 

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

 
D.
AI-38387
Approval to accept settlement check from National Unity Insurance Company in the amount of $12,412.24 to settle total loss auto accident with County vehicle. (Sheriff Office)
 

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

Vote: 4 - 0 - Unanimously

 
E.
AI-38345
Approval to accept settlement check from Endeavor General Agency, LLC in the amount of $1,871.95 to settle auto accident with County vehicle. (Sheriff Office)
 

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

Vote: 4 - 0

 
F.
AI-38306
County Court #7:
Approval to process payment of invoices/claims from A Sign Language Company for interpreting services with authority for County Treasurer to issue payment after review and auditing procedures are completed by the County Auditor as follows:
Company Invoice # Invoice Date Amount
A Sign Language Company 8811 12/17/12 261.25
    Total 261.25
 

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

Attachments:
 
8.
 
Constables:
 
A.
AI-38228
Constable Pct. #1:
Discussion, consideration, and approval to appoint Francisco Sanchez as Reserve Deputy Constable by Constable Celestino Avila Jr., Constable Precinct 1 in accordance with Texas Local Government Code Section 86.012.
 

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:
 
B.
AI-38443
Constable Pct. #4 Investigation HB 65 (1231):
Approval of 2013 appropriation of funds into the Constable Pct 4 Investigation 65  in the amount of $20,000.78 to fund police gear and training.

Commissioner Flores joined the meeting.
 

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:
 
9.
 
County Treasurer - Norma Garcia:
 
A.
AI-38466
1.  Discussion and possible action on Hidalgo County Wage Overpayment/Underpayment Policy

Ray Eufracio, County Auditor, for the Record: There are some individuals that are receiving longevity in excess of the limits set by statute. Statute says that employees can only receive longevity for up to 30 years and law enforcement for up to 25. I would...like to recommend is that those individuals...the error to longevity be corrected as soon as possible. Judge Garcia recommended that Mr. Eufracio's concerns be brought back at a later time with the statute and his opinion.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the Overpayment/Underpayment Policy.
Vote: 4 - 0 - Unanimously 


2.  Discussion and possible action on Hidalgo County Wage Deduction Authorization Agreement
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
10.
 
District Courts:
 
A.
AI-38242
Indigent Defense:
Requesting approval of the following claims/invoices with authority for the County Treasurer to issue payment/check after review, audit, and processing procedures are completed by the County Auditor.

Invoice Date Invoice Number Vendor Amount
1-27-13 632018816-062 Sprint $ 35.99
2-27-13 632018816-063 Sprint $ 35.99
3-27-13 632018816-064 Sprint $ 42.99
 

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:
 
11.
 
Human Resources - Esther Cortez:
 
A.
AI-38182
Purchasing Department (1100):
Requesting permission to advertise/hire for the following:

Position Title Slot # Budgeted Salary
Inventory Specialist III 0013 $ 38,507.00
Inventory Specialist IV 0012 $ 40,898.00
 

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

Vote: 4 - 0 - Unanimously

 
B.
AI-38188
Civil Service (190-001):
Requesting approval to process payment as follows:

Vendor Meeting date Amount  PO #
Subway Sandwiches & Salads 03/21/13 $ 49.00 685920
 
 

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:
 
C.
AI-38255
Health & Human Services Health Div.- Admin/ Clinics (1100):
1.  Approval of the following personnel actions:

Action Program # Position Title Slot # Budgeted Salary
Delete 340-003 (Clinics) Laboratory Technician 0042 $25,772.00
Delete 340-001 (Admin) Eligibility Specialist I 0030 $24,929.00
Create 340-003 (Clinics) Medical Technician I 0134 $25,772.00
Create 340-001 (Admin) Clerk II 0054 $24,929.00
 

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 - Unanimously


2.  Requesting permission to advertise/hire for the following positions:

Program # Position Title Slot # Budgeted Salary
340-003 (Clinics) Medical Technician I 0134 $25,772.00
340-001 (Admin) Clerk II 0054 $24,929.00
340-003 (Clinics) Clerk III 0036 $26,330.00
340-003 (Clinics) Clerk II 0050 $22,303.00
240-001 (Human Services) Eligibility Specialist I 0032 $24,087.00

3.  Approval of revised salary schedule.

     Commissioner Hector Palacios joined the meeting.
 

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 11.C.2 & 3.

Vote: 5 - 0 - Unanimously

 
D.
AI-38381
Fire Marshal's Office (1100):
Requesting permission to advertise/hire for the following:

Position Slot # Budgeted Salary
Clerk III 0007 $ 26,014.00
 
 

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:
 
12.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

Eddie Olivarez informed the Court that their Regional Plan was aproved at the state level and has been forwarded to the Federal Level for final review.
 
B.
AI-38452
1.  Requesting approval of First Amendment to the interlocal agreement between The University of Texas Health Science Center at San Antonio and Hidalgo County for the preparation of the 1115 Waiver Program Plan for a total amount of $120,000.00, with authority for County Judge to execute the amendment.

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


2.  Approval to process payment for Invoice No. 3 submitted by The University of Texas Health Science Center at San Antonio in the amount of $20,000.00 pursuant to the amended interlocal agreement between The University of Texas Health Science Center at San Antonio and Hidalgo County, with authority for County Treasurer to issue payment after auditing procedures are completed by the County Auditor.
 

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

Vote: 5 - 0 - Unanimously

 
C.
AI-38365
1.  Discussion, consideration, and approval of Hidalgo County 1115 Waiver Intergovernmental Transfer Revised Policy.

Mr. Olivarez informed the Court that he was anticipating some changes and concerns involving the IGT. Mr. Eufracio explained that he followed the Auditor's and Budget Office recommended changes in developing a policy for the IGT transfers. Mr. Olivarez confirmed that the Policy was previously approved.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


2.  Discussion, consideration, and approval to transfer up to $2,858,335.50 (maximum share) to the County of Hidalgo Medicaid Supplemental Program Escrow Account for Demonstration Year 1 Delivery System Reform Incentive Payment (DSRIP).

Mr. Olivarez explained to the Court that during the Budgeting Process, he had requested that the Court set aside monies to develop 1115 waiver plan which can be used, multiplied and brought back to county. 
He explained that they were instructed if multiplied, the monies can be used for medical purposes, however, he reiterated that there is no definite answer that the monies can be returned to the county if the monies are used and multiplied. In addition, Mr. Olivarez explained that if the funding is not invested, the County is 100% responsible for the operation,  through General Fund, for the Anchor Operations of the County, which include hours, labor cost, etc.

Sergio Cruz, Budget Officer, advised the Court that at this point the funds are restricted to health care funds.

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve the transfer $2,858,335.50 for the Hidalgo County Medicaid Supplemental Escrow Account Program for demonstration Year 1 Delivery System Reform Incentive Payment (DISRIP). 
Vote: 5 - 0 - Unanimously


3.  Approval of Letter as requested by Health and Human Services Commission in reference to the Demonstration Year 1 Delivery System Reform Incentive Payment (DSRIP) to Hidalgo County, with authority for County Judge to execute the letter.
 

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-38320
Requesting approval to submit renewal grant application for the Public Health Emergency Preparedness (PHEP) program for FY 14 in the amount of $587,198.00.  This grant requires a ten percent local funding match. 
 

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:
 
E.
AI-38259
1. Requesting approval to accept the Preparedness and Prevention Community Preparedness Section / Bioterrorism Discretionary grant contract #2013-041204 Amendment 003B.  The purpose of this Amendment is to revise the budget to reflect the correct amount for the Equipment budget category and the Match cost.  The effective date of this Amendment is 04/30/13.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously

2. Requesting approval of the Budget Appropriation.
 

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:
 
13.
 
Emergency Management - Oscar Montoya:
 
A.
 
Status update on the Water Irrigation Allotment

Oscar Montoya provided the Court an update.
 
14.
 
IT Department - Renan Ramirez
 
A.
AI-38444
CCL #7:
Authorization and approval to purchase wireless device through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following: 
Description: Username: Plan Description: Equipment Cost: MDN:
Data Card Office Use Unlimited Data Plan @ $37.99 X 8/months = $303.92 $0 New Activation
 

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

 
15.
 
Urban County - Diana Serna:
 
A.
AI-38180
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.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-38454
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for construction material testing.

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


2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) testing firms from the county’s approved “pool” as graded and evaluated by the Precinct No. 1, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 22, 23, 24 & 25 (2009, 2010, 2011 & 2012) Precinct No.1 - Street Improvements funds.

Professional Service Firm: Grade Ranked
MEG Engineers 95%  1
TERRACON 92%  2
Professional Services Industries, Inc. 87.67%  3

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve in the order of the scores.
Vote: 5 - 0 - Unanimously


3. Authority to negotiate a professional engineering service contract with the highest ranked firm of
for construction material testing for Urban County Program Years 22, 23, 24 & 25 (2009, 2010, 2011 & 2012) Precinct No.1 - Street Improvements funds.
 

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 MEG Engineers.

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-38430
On behalf of the Hidalgo County Precinct No. 1, Urban County Program is requesting approval to reject all bids received on March 6, 2013 for the Precinct No. 1-Street Improvements Project – Saenz Ave for FY 20, 21 & 22 (2007, 2008 & 2009).
 

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 reject all bids.

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-38275
The Urban County Program on behalf of the Hidalgo County Precinct No. 4 is requesting approval and award of best and final negotiated contract with Mata-Garcia Architects, LLP. in the amount of $48,070.00 utilizing CDBG FY (2008) Parks, Recreational Facility Improvements Project funds.
 

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: 5 - 0 - Unanimously

Attachments:
 
E.
AI-38272
1.  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 to approve the exemption.
Vote: 5 - 0 - Unanimously


2.  Presentation of the scoring grid for the purpose of CCC ranking the sole member of the County’s approved “Professional Appraisal Services Pool” for the Appraisal Review of appraisal services as qualified to continue to the next step of the process in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-406-000-6453/DRS210068: Peñitas Drain project.
 
Review Appraisal Services Grade    Ranked 
    HLH Appraisal Services 92.67  1

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the sole member.
Vote: 5 - 0 - Unanimously


3. Authority to negotiate a professional (Appraisal Review Services) contract with the sole member “qualified” firm    HLH Appraisal Services      for the provision of Professional Appraisal Review Services for Precinct No. 3 – Peñitas Drain.
 

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: 5 - 0 - Unanimously

 
F.
AI-38200
Urban County Program is requesting approval of a program amendment for the City of La Joya, Urban County Program Year 25 (2012). The amendment will delete various street locations and add additional street locations to the work plan.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
16.
 
Elections Administration - Yvonne Ramon:
 
A.
 
Approval of the appointment of members to Hidalgo County Vote Centers Committee based on recommendations from Judge & Commissioners
 

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 list, in addition to Humberto Garcia, David Fox, Daniel Diaz and Eli Olivarez.

Vote: 5 - 0 - Unanimously

 
B.
AI-38417
Approval of Lease Contract for Election Services between Hidalgo County and the City of McAllen for their election to be held on May 11, 2013.

Commissioner Flores stepped away.

See item 16.F.
Attachments:
 
C.
AI-38418
Approval of Full Contract for Election Services between Hidalgo County and the City of Mercedes for their election to be held on May 11, 2013.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-38421
Approval of Full Contract for Election Services between Hidalgo County and the Hidalgo Independent School District for their Special Election to be held on May 11, 2013.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
E.
AI-38432
Approval of Lease Contract for Election Services between Hidalgo County and the City of La Joya for their election to be held on May 11, 2013.

See item 16.F.
Attachments:
 
F.
AI-38420
Approval of Lease Contract for Election Services between Hidalgo County and the City of Edinburg for their election to be held on May 11, 2013.
 

On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 16.B, E & F.

Vote: 4 - 0 - Unanimously

Attachments:
 
17.
 
Planning Department - Raul Sesin:
 
A.
AI-38277
1. Preliminary Approval with Variance Request
a. Mystical Star Subdivision – Pct. 4 (Hermina E. Cuevas)
 

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

 
18.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-38457
Requesting acceptance and approval of license request to construct two Gatewell Structures (concrete box culvert) on the South Levee of IBWC Main Floodway located south of Juan Balli Road and East of Border Road. Authority for County to submit letter to IBWC.
 

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:
 
19.
 
Precinct #3 - Comm. Flores:
 
A.
AI-38304
Approval of 2013 appropriation of funds from the Precinct #3 R&B unreserved fund balance into Pct 3 Rd. Maint. in the amount $602,000.00 to fund operating expenditures.
 

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:
 
20.
 
Budget & Management - Sergio Cruz:
 
A.
 
Budget Appropriations:
 
1.
AI-38221
Pct. #2 Road Maint. (1200):
Approval of 2013 appropriation of funds from RD MAINT (1200) unreserved fund balance to Thomas Road Project McColl to Jackson (program 083) in the total amount of $141,000.00
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
2.
AI-37534
Pct #3 R&B (1200)
Approval of 2013 appropriation of funds from Precinct #3 fund balance into Precinct #3 BCAP Ramirez Subd. (prog. 587),   Ramirez Subd. #2 (prog. 588), and Ramirez Subd. #3 (prog. 589) in the total amount of $19,300.00.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
3.
AI-38205
Countywide Mechanic Shop (1200):
Approval of 2013 appropriation of funds for Countywide Mechanic Shop in the amount of $54,000.00 to fund operating expenditures.
 

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:
 
21.
 
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 21.A.1 & 2.a, b & c.
 
3.
AI-38375
a.  Recommendation by Investment/Negotiation Committee for acceptance of final negotiated rates, fees, terms, and conditions for award and/or approval of the final Hidalgo County Depository Bank, Remittance processing (Lockbox), and, if applicable, Trust Services and other Related Services Agreements with Lone Star National Bank, with the effective date upon expiration of current agreement and expiring on Commissioners Court May term of 2017 with statutory option for re-negotiations in 2015; or, in the alternative,

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve with Lone Star Bank. 
Vote: 4 - 0 - Unanimously


b.  Cease all negotiations with the number one-LSNB and proceed to re-advertise the project as no other applicants can be considered as all required services are not available with current bank FNB remaining in place until such time as new depository and lockbox agreements are awarded as per statute.

NO ACTION taken on this item.
 
B.
 
Pct. 1
 
1.
AI-38303
a.  Acceptance and approval to increase original PO#680750 for Holchemont LTD. as approved by the Architect of record "Alcocer Garcia Associates" thru AIA Document G701-2001 Change Order #001 in the amount of $47,697.86  for change request as outlined in the Summary Of Change Order No. 1 to include but not limited to an extension of Seventy Eight (78) days for the continuation of construction at Pct. #1 Constable Building; in addition to

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


b. AIA Document G701-2001 Change Order #002 request to utilize the amount of $1,986.11 of the $7,800.00 Betterment Allowance as defined under page 3 of the AIA Contract Document A101-2007, 4.4 of Article 4 Contract Sum.
 

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

 
2.
AI-38412
a.  Pursuant to Texas Local Government Code, 263.151, discussion and approval to declare as "surplus" as show in exhibit "A" including establishing a total fair market value in the amount of $722,998.36.
 
b.  Discussion, consideration and approval of an order of the County of Hidalgo authorizing the sale of certain personal property to the Hidalgo County Drainage District Number One.

NO ACTION taken on items 21.B.2.a & b.
 
3.
AI-38388
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 Invoice # Vendor Amount Account#
4/1/13 22048655 ASG Security $26.65 3-1100-452-00-121-013-0-413
Total $26.65  

NO ACTION taken on this item.
Attachments:
 
C.
 
Pct. 2
 
1.
AI-38245
Requesting approval of Supplemental Agreement No.2 for R. Gutierrez Engineering Corporation contract #C-11-310-01-24 resulting in an estimated cost increase of $5,000.00 for services under Work Authorization No.5 for Minnesota Drain Project.

Commissioner Flores joined the 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: 5 - 0 - Unanimously

 
D.
 
Pct. 4
 
1.
AI-38263
Requesting approval to exercise option to "terminate" agreement with Matias Pena, Jr. d/b/a PENA FARMS, by issuing the contractual stated thirty (30) day written notice under lease agreement# E-12-241-09-11 (C-11-224-09-27) for the purposes of “Lease of Farm Land within Hidalgo County Precinct No. 4 (approximately 300 AC)”.
 

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

 
2.
AI-38459
Requesting Approval of "PLANS" and CORRECTION to Multiple Use Agreement (MUA) 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) and, (as approved by CC on 03/05/13)
 

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

 
E.
 
Sheriff's Office
 
1.
AI-38215
Acceptance and approval of final negotiated contract between Hidalgo County (Sheriff's Office/Department) and Four Paws Animal Hospital for provision of Veterinary Services.
 

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: 5 - 0 - Unanimously

 
2.
AI-38240
Presentation of bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Sealed Quotes (RFSQ) titled: Hidalgo County Sheriff's Office-"Purchase of New Correctional Safety Mattresses & Replacement Covers" through project No.: 2013-054-02-28-SGS.
 

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

 
F.
 
Co. Wide
 
1.
AI-38199
Recommending award of bid and approval of contract to multiple bidders as attached hereto meeting all specifications and/or requirements as detailed and reflected in documentation attached for Hidalgo County - Flexible Base Material (Crushed Caliche)- RFB No. 2013-018-04-10-MEG. 
 

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

 
22.
 
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 Closed Session.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-38460
Claim of Fabian Ybarra
 
D.
AI-38462
Claim against Roberto Ysaguirre, Jr.
 
E.
AI-38413
Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County

NO ACTION taken on items 22.A through E.
 
23.
 
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-38461
Claim of Fabian Ybarra
 

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 in the amount of $12,500.00.

Vote: 4 - 0

 
D.
AI-38463
Claim against Roberto Ysaguirre, Jr.
 

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 release and settlement agreement with a promisary note for the amount of $2,737.38.

Vote: 5 - 0 - Unanimously

 
E.
AI-38414
Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County

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

NO ACTION taken on this item.
 
25.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
26.
 
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: 5 - 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 30th day of April, 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 April 30, 2013.

Signed this    2nd     day of    May     2013




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


By: ____________________________
(Seal) Priscilla Torres, Deputy