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Minutes for CC REGULAR

REGULAR MEETING - MAY 28, 2013

BE IT REMEMBERED, that on this 28th day of May 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
May 28, 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 reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
 
Open Forum
-Virginia Townsend provided an update on item 7.B.the construction and cost of the portable buildings, discussed FLSA,etc.
-Fern McClaugherty questioned travel and how it benefits the County, phone bills, etc.
-Joseph Palacios informed the Court and Audience the benefits of travel and explained how it benefits the County and used the Census undercount as an example.
-Opal Billman commented on about being imprisoned on her property, beneficiary of said property, etc.
 
6.
 
County Judge's Office:
 
A.
 
Report on bills before the Texas Legislature of interest to Hidalgo County

Rick Alvarez explained to the Court that there was a call for special session by the govenor to ratify and adopt the interim maps which was approved during the last election. In addition, he explained how the Chapter 59 Forfeiture Funds can be used (HB 878).
 
B.
AI-38927
1.  Presentation on 2013 South Texas Hurricane Conference

Karina Cardoza provided information and a small presentation on the 2013 South Texas Hurricane Conference.

2.  Recognition of the City of McAllen for partnering with Hidalgo County for the 2013 South Texas Hurricane Conference

The Court and Eddie Olivarez recognized the City of McAllen for their participation with the Hurricane Conference.

3.  Proclamation declaring May 26 – June 1, 2013 as Hurricane Preparedness Week
 

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: 5 - 0 - Unanimously

Attachments:
 
C.
AI-38890
Requesting approval to reimburse Adrian Guerra for meals and drinks incurred on 05/01/13 for the Hidalgo County Drainage Advisory Committee in the amount of $87.25, with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-38893
Requesting approval to pay Citibank Invoice as claim for Richard Alvarez Airline ticket to attend the Census Bureau Meeting held in Washington, DC on 04/09/13 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. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

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

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the exemption as it pertains to C-2514-13-A; Maria Angelica Villegas v. LCS Corrections Services, Inc. and Hidalgo County, Texas
Vote: 5 - 0 - Unanimously


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

On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it relates to C-2514-13-A; Maria Angelica Villegas v. LCS Corrections Services, Inc. and Hidalgo County, Texas
Vote: 5 - 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 explained to the Court that they are coordinating the move with the Judicial based on their dockets.

3) Emergency situations occurring since last agenda meeting

NO ACTION taken on this item.
 
C.
AI-38697
Law Library:
In accordance with Texas Local Government Code Section 130.902, the Law Library is requesting approval to increase the current change fund by $150.00 (from $150.00 to $300.00).
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-38879
Approval to accept settlement check from State Farm Insurance Company in the amount of $454.00 to settle auto accident with County vehicle. (Constable Pct 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: 5 - 0 - Unanimously

 
E.
AI-38958
Clarification and action on travel requests reviewed/processed through Executive Office

Valde Guerra clarified to the Court that all travel requests were coming through Commissioners' Court for approval since the travel monies were swept during the budget process. During last year's budget process, monies were allocated to the departments. Since the Budget Office oversees the travel reqeusts, Mr. Guerra asked that they no longer be brought to Commissioners' Court for review. He reiterated that his office will be overseeing the travel requests .  
 

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 authorize the Budget and Management Office to administer the travel requests and not to bring them to Commissioners' Court for approval.

Vote: 5 - 0 - Unanimously

 
F.
AI-38888
County Wide Insurance (1100):
1. Approval to accept the quote for the renewal of accident insurance coverage for volunteers from Montalvo Insurance Agency (for the Coverage period: 6/5/13 to 6/5/14) and authorization for Executive Officer to sign documents as needed.  If approved, Montalvo Insurance Agency will invoice the county at a later date the amount as quoted. 
2. Approval of payment of invoice (when received) from Montalvo Insurance Agency in the amount of $394.00 for accident insurance coverage for volunteers with authority for County Treasurer to issue check after review and processing procedures are completed by the County Auditor. 
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the quote and payment of invoice as listed in item 7.F.1 & 2. for the 50 volunteer slots.

Vote: 5 - 0 - Unanimously

 
8.
 
Human Resources - Esther Cortez:
 
A.
AI-38746
Constable Pct # 1 (1100):
1. Approval to create the following full-time positions:
 
Slot # Position Title Budgeted Salary
0017 Deputy Constable $37,574.00
0018 Deputy Constable $37,574.00
0019 Deputy Constable $37,574.00


2. Approval of revised salary schedule. 

NO ACTION taken on this item.

Judge Garcia asked that this item be brought back in two weeks.
 
9.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-38857
DA- Border Prosecution Unit Grant (BPU) (1281):
1.) Requesting authorization to accept the Border Prosecution Grant, Grant Number CH-13-A10-25378-02 in the amount of $133,421.74 effective (January 1, 2013 - August 31, 2013).

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


2.) Approval of certification of revenues.
3.) Approval of Appropriation of funds.
4.) Approval of Salary Schedule.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 9.A.2, 3 & 4.

Vote: 5 - 0 - Unanimously

 
10.
 
Sheriff's Office:
 
A.
AI-38782
Sheriff's Office (1100):
Authorization and Approval of 2013 appropriation of funds from  General Fund-Reserved (1100) to Sheriff's Office (program 001) in the amount of $12,805.12.

 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
B.
AI-38799
Authorization to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY 2010 and authorization for County Judge, as authorized official, to sign required 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: 5 - 0 - Unanimously

Attachments:
 
C.
AI-38926
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.

AT&T:

Account Number:                Billing Date:       Amount:
512-151-5019-861-4           04-01-2013       $5,333.30
512-151-5019-861-4           05-01-2013       $7,284.71
956-381-7900-050-3           04-09-2013       $1,507.31
956-381-7900-050-3           05-09-2013       $1,545.30

Verizon:

Account Number:              Telephone Number:         Billing Date:     Amount:
10-5492-2826441184-06   956-973-1606-121018    4-16-2013        $207.99
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the Verizon and AT&T invoices.

Vote: 4 - 0 - Unanimously

 
11.
 
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

Mr. Olivarez informed the Court that Legislation passed a new law that deals with the hospital fee which is based on participation and support, which will eventually become some of the matching funds for IGT match. He clarified that some this was previously called the Local Participation Fee but is now named the Mandatory Fee. This law passed after changing some of the language.

Eddie Olivarez for the Record: We still have to meet with CMS, and meet with all those folks. Eventhough the law passed, we still need to go through the procedures getting approval from the Federal Government, etc.
 
B.
AI-38856
Requesting approval to process the following AT&T invoice as a claim with authority for County Treasurer to issue check for auditing procedures are completed by County Auditor.

Vendor Account # Billing Date Amount
AT&T 857868885 March 14 - April 15 $57.35
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-38855
1. Approval to process payment of claim for telephone services (ATT vendor # 328626) for Edinburg Clinic $1,073.34
(May 1 - May 31)

2. Approval to process credit for telephone services (ATT vendor # 328626) for Edinburg Clinic -$1,033.00
(May 1)
 

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.1 & 2.

Vote: 5 - 0 - Unanimously

Attachments:
 
D.
AI-38848
1. Approval to process payment of claim for telephone services (ATT Vendor # 278378) for Mission Clinic $1,626.83 (April 11-May 10) with authority for Hidalgo County Treasurer to issue payment after auditing procedures are completed by the County Auditor.

2. Approval to process credit for telephone services (ATT Vendor # 278378) for Mission Clinic $-347.37
(May 11 - June 10) with authority for Hidalgo County Treasurer to issue payment after auditing procedures are completed by the County Auditor.

Acct# 956 581 8596 751 1
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 11.D.1 & 2.

Vote: 5 - 0 - Unanimously

Attachments:
 
E.
AI-38671
Requesting approval to apply for grant funding in the amount of $2,500.00 from the U. S. Department of Health & Human Services- Office of Minority Health.  The funding will help promote Hidalgo County Diabetes Day awareness.
 

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:
 
F.
AI-38847
1. Approval to process payment of claim for telephone services (ATT vendor # 328626) for McAllen Clinic $1,422.40
(April 7 - May 6) and

2. Approval to process credit of claim for telephone services (ATT vendor # 328626) for McAllen Clinic -$124.70
(May 7 - June 6)
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items11.F.1 & 2.

Vote: 5 - 0 - Unanimously

Attachments:
 
G.
AI-38743
1. Pursuant to Texas Local Government Code section 157.903, requesting approval of indemnification of uncollectible accounts in the amount of $204.09.
2. Requesting authorization and approval to replenish Health Clinic Bank Account.
3. Requesting authorization and approval to direct Ms. Norma Garcia, Hidalgo County Treasurer, to generate a check in the amount of $204.09 payable to Hidalgo County Health & Human Services Dept. in order to adhere to the above action.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 11.G.1, 2 & 3.

Vote: 4 - 0 - Unanimously

Attachments:
 
H.
AI-38765
Requesting approval to renew for a period of one year the Memorandum of Agreement with Texas A & M University System Health Science Center for an On-Site Education program.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
I.
AI-38779
Approval to process the following invoices as claims with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.

Vendor Account No. Billing Date Amount
 Verizon 956 968-7541 711217
10 5492 2863047639 10
04/01/13 $285.26
    05/01/13 $285.26
    Total $570.52
 

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:
 
J.
AI-38955
Requesting approval to apply for a Community Funding project in an amount not to exceed $25,000.00 offered by the U.S. Department of Health & Human Services, Office of Minority Health.
 

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:
 
12.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-38909
1.  Presentation on 2013 Hidalgo County Drug Court Program Review

Arnold Patrick and Judge Rick Rodriguez provided the Court information on the Drug Court and how the residents of this county have benefited from this program.

2.  Proclamation declaring May 2013 as "National Drug Court Month" in Hidalgo County
 

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

Vote: 5 - 0 - Unanimously

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

Mr. Montoya informed the Court that the recent rains received did help, however; we are still in a drought.

In response to calls he's been receiving, he stated that anyone wishing to help the individuals affected by the various disasters such as in Oklahoma, Cook County and the East Coast, that they can donate money to the Red Cross.
 
14.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-38717
Requesting approval of claims/invoices from Superior Alarms totaling $550.00 with authority for Hidalgo County Treasurer to issue payment after auditing procedures are completed by the County Auditor. 
Invoice Date  Invoice No. Location Invoice Amount
06/01/12 399567 Main Bldg $25.00
06/01/12 399568 Vault $25.00
07/01/12 402898 Main Bldg $25.00
07/01/12 402899 Vault $25.00
08/01/12 406317 Main Bldg $25.00
08/01/12 406318 Vault $25.00
09/01/12 409707 Main Bldg $25.00
09/01/12 409708 Vault  $25.00
10/01/12 412979 Main Bldg $25.00
10/01/12 412980 Vault  $25.00
11/01/12 416366 Main Bldg $25.00
11/01/12 416367 Vault  $25.00
12/01/12 419301 Main Bldg  $25.00
12/01/12 419302 Vault $25.00
01/01/13 422621 Main Bldg $25.00
01/01/13 422622 Vault  $25.00
02/01/13 427424 Main Bldg $25.00
02/01/13 427425 Vault  $25.00
03/01/13 430558 Main Bldg  $25.00
03/01/13 430559 Vault $25.00
04/01/13 433772 Main Bldg $25.00
04/01/13 433773 Vault  $25.00
Total

$550.00


Commissioner Hector Palacios stepped away.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve all claims/invoices as listed under item 14.A.

Vote: 4 - 0 - Unanimously

Attachments:
 
15.
 
Urban County - Diana Serna:
 
A.
AI-38750
Urban County Program on behalf of the City of Elsa is requesting authority to purchase playground equipment for the Mario Leal Park. Purchase will be made from American Parks Company (purchase contract # 370-11), (installation contract # 346-10) an approved vendor through Hidalgo County’s membership and participation with State of Texas Buy Board. The total amount of purchase including installation is $111,634.20 (quote attached) for the Mario Leal Park funded thru FY 22 & 25 (2009 & 2012) Elsa – Park, Recreational Facilities line item.
 

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

 
B.
AI-38695
1. Urban County Program (UCP) is requesting Commissioner’s Court consideration and approval to appoint the UCP Executive Director, Diana R. Serna, as the Section 3 Certifying Officer to ensure compliance with Section 3 requirements related to TxCDBG program funds.

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


2. Consideration and approval to authorize the county Judge to sign any and all documents associated with Section 3 compliance requirements.
 

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:
 
C.
AI-38699
1. Urban County Program (UCP) is requesting Commissioner’s Court consideration and approval to amend UCP’s Section 3 Plan.
2. Consideration and approval to authorize the county Judge to sign any and all documents associated with Section 3 compliance requirements.

NO ACTION taken on items 15.C.1 & 2.
Attachments:
 
D.
AI-38760
The Urban County Program is requesting the award of bids and approval of contract for the demolition and reconstruction of the following:

1. (1) Unit in the Countywide area in the amount of $43,680 to G & G Contractors.
 

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

 
E.
AI-38762
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Review Appraisal Services;

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 - Unanimously


2. Presentation of the scoring grid for the purpose of CC ranking the sole member of the County’s approved “pool” of professional review appraisal services providers 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. 12-589-000-6887/DRS220068 Alberta Drain project.
Review Appraisal Services Grade Ranked
HLH Appraisal Services 94.33  1

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


3. Authority to negotiate a professional (review appraisal service) contract with the sole member “qualified” firm       HLH Appraisal Services      for the provision of professional review appraisal services for the Precinct No. 4 – Alberta Drain Project.
 

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:
 
F.
AI-38761
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Appraisal Services;

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


2.  Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) appraisal service firms from the County’s approved “pool” as graded and evaluated by the Precinct No. 4, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program GLO Contract No. 12-589-000-6887/DRS220068 Alberta Drain project.

Appraisal Grade Ranked
Leonel Garza Jr. and Associates 94.33  1
Professional Appraisal Services 91.33  2
HLH Appraisal Services 89.66  3

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


3. Authority to negotiate a professional appraisal service contract with the No. 1 ranked firm of      Leonel Garza Jr. and Associates      for the provision of Appraisal Services for the Precinct No. 4 – Alberta Drain Project.
 

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:
 
16.
 
Elections Administration - Yvonne Ramon:
 
A.
 
Vote Center Selection Committee Update

Commissioner Hector Palacios joined the meeting.

Ms. Ramon informed the Court that tonight will be the first of a series of meetings for review of the proposed Vote Centers.

She also reminded the Court of the Security Workshop to be held on Thursday, June 6, 2013 at the Health Department.

 
B.
AI-38790
Requesting approval of the following claim/invoice with authority for the County Treasurer to issue payment/check after review, audit and processing procedures are complete by the County Auditors.
Invoice Date Invoice No. Vendor Amount
05/06/13 9703775627 Verizon Wireless $156.44
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
17.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-38912
Approval to accept donation of caliche from OXY USA, Inc.
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the 500 loads of caliche donation with an estimated value of $40,000.00.

Vote: 5 - 0 - Unanimously

Attachments:
 
18.
 
Budget & Management - Sergio Cruz:
 
A.
 
Budget Appropriations:
 
1.
AI-38904
Sheriff's Office OCDETF (1284):
A. Approval of amendment to overtime program agreement (Investigation No. SW-TXS-0861) between the Organized Crime Drug Enforcement Task Forces (OCDETF) and the Hidalgo Co. Sheriff's Office reducing the award amount from $14,000.00 to $13,000.00.

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


B. Approval to unappropriate funds in the amount of $1,000.00 in order to comply with amended overtime agreement as stated above. 
 

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

Vote: 5 - 0 - Unanimously

 
2.
AI-38917
General Fund & Special Revenue Funds:
a. Approval of certification of revenues, as certified by the County Auditor, for 2012 capital lease expenditures.
b. Approval of 2012 appropriation of revenues and expenditures in the total amount of $141,500.37 to fund capital lease expenditures (agreements) for various departments.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 18.A.2.a & b.

Vote: 5 - 0 - Unanimously

 
B.
AI-38801
Precinct No.1
1. Approval of certification of revenues, as certified by the County Auditor, for proceeds from the sale of assets by Precinct No.1 to Drainage District#1 

Commissioner Flores stepped away.

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

2. Approval of 2013 appropriation(s) of funds from the proceeds of sale of assets by Precinct No.1 in the total amount of $874,424.00
 

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

Vote: 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).
 
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.
 
3.
AI-38570
Presentation of bids received as detailed and attached herein for the purpose of award and approval of contract document with the vendor meeting all specifications and/or requirements as attached hereto for: Hidalgo County-Traffic Road Signs and Other Related Misc. Equip. RFB No. 2013-013-04-10-SMA.
 

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.
 
Pct. 1
 
1.
AI-38626
Presentation of sole bid received as detained in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County Precinct No. 1-"Hauling Services for Millings" through project No.: 2013-107-04-17-SGS.
 

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 Roy's Hauling, the sole bidder.

Vote: 4 - 0

 
C.
 
Pct. 2
 
1.
AI-38804
a.  Approval to purchase One (1) new Terex Backhoe Loader through County's membership/participation with HGAC (Houston-Galveston) awarded vendor, One-Source Equipment (Contract #EM06-11) in the amount of $93,685.00, but not limited to administration fee's & delivery for project #2013-175 MEG

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


b.  Approval to purchase One (1) new 2012 DOOSAN DL-250TC Loader through County's membership/participation with Buyboard awarded vendor, H & V Equipment (Contract #345-10) in the amount of $145,000.00, but not limited to administration fee's & delivery for project #2013-176 MEG
 

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

 
D.
 
Pct. 4
 
1.
AI-38938
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services.

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 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 Mon Mack Road project in Pct No. 4.
 
Evaluator TEDSI Infrastructure Quintanilla, Headley & Associates, Inc Building Transportation Infrastruture, Inc DBA  BTI , Inc
Evaluator 1   98 96 94
Ranking  1  2  3

Commissioner Flores joined the meeting.

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


C. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of     TEDSI Infrastructure      for: the provision of professional engineering services for Mon Mack Road project in Pct No. 4.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
2.
AI-38939
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional engineering services.

On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 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 Roosevelt Road project in Pct No. 4.
 
Evaluator TEDSI, Infrastruture Group Le Fevre Environmental & Management Consultant Terracon Consultants
Evaluator 1 98 95 93
Ranking  1  2  3

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


C. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of      TEDSI Infrastructure Group      for: the provision of professional engineering services for Roosevelt Road project in Pct No. 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: 5 - 0 - Unanimously

Attachments:
 
3.
AI-38809
Acceptance of proposal received from awarded vendor, Facility Solutions Group in the amount of $26,796.74 through the County's participation/membership with Buy Board for the Turnkey Purchase and Installation of Solar Powered Lights for Precinct No. 4-"Hoehn Subdivision Solar Lights Project" as per plans and specifications drafted and developed by Mr. Raul Sesin, P.E., Hidalgo County Planning Department, in connection with the Energy Efficiency and Conservation Block Grant (EECBG) Functions/Activities with authority to process requisition when submitted through Procurement Project#2013-173-MSS

Commissioner Joseph Palacios stepped away.
 

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

 
E.
 
Facilities Management:
 
1.
AI-38536
a. Requesting authority to exercise the sixty (60) day grace period extension as provided in the current contract: E-12-161-06-05"Maintenance & Repair for Elevators Located in County Owned Buildings" for Hidalgo County, under the same rates, terms and conditions with Thyssenkrupp Elevator Corporation-Effective June 15, 2013, Expiring August 14, 2013 or (upon completion of the procurement process which ever is most advantageous to HC);

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


b. Requesting authority to advertise and approval of procurement packet (i.e., specifications - requirements, legal notice, draft contract etc.) as attached hereto for - Hidalgo County-Maintenance & Repair for Elevators Located in County Owned Buildings" RFB 2013-020, including the authority to re-advertise project in the event that no bids  are received and/or are rejected and project is still required.
 

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

 
F.
 
Co. Wide
 
1.
AI-38217
Presentation of bids received as detailed and attached herein for the purpose of award and approval of contract document with the vendor meeting all specifications and/or requirements as attached hereto for: Hidalgo County "Welding Supplies and Misc. Items"- RFB No. 2013-015A-04-10-MEG.

Commissioner Joseph 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 with Airgas.

Vote: 5 - 0 - Unanimously

 
20.
 
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. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to go into Closed Session.

Vote: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-38934
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Industrial - Tax Abatement.
 
D.
AI-38930
Claim of Edinburg Real Estate Network
 
E.
AI-38940
C-2514-13-A; Maria Angelica Villegas v. LCS Corrections Services, Inc. and Hidalgo County, Texas
 
F.
AI-38951
C-2958-13-B; Jaime Villarreal and Maria Del Jesus Villarreal v. Citifinancial, Inc. and Herminia Rios
 
G.
AI-38898
C-2866-13-G; Juan E. Reyes and Haide H. Reyes v. Federal Home Loan Mortgage Corporation & Eddie Guerra Constable Pct. 4, Hidalgo County, Texas
 
H.
AI-38902
Claim of Isauro Pruneda

NO ACTION taken on items 20.A through H.
 
21.
 
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-38933
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Industrial - Tax Abatement.

NO ACTION taken on this item.
 
D.
AI-38931
Claim of Edinburg Real Estate Network

Proceed as directed.
 
E.
AI-38941
C-2514-13-A; Maria Angelica Villegas v. LCS Corrections Services, Inc. and Hidalgo County, Texasre

Refer to item 7.A.1 & 2.

 
F.
AI-38952
C-2958-13-B; Jaime Villarreal and Maria Del Jesus Villarreal v. Citifinancial, Inc. and Herminia Rios

Valde Guerra for the Record: This is being facilitated by Ms. Josephine Ramirez' Office, this is a TRO issue.
 

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

 
G.
AI-38899
C-2866-13-G; Juan E. Reyes and Haide H. Reyes v. Federal Home Loan Mortgage Corporation & Eddie Guerra Constable Pct. 4, Hidalgo County, Texas

Valde Guerra for the Record: This will be facilitated by Ms. Josephine Ramirez' Office. This is a TRO issue as well.
 

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

 
H.
AI-38903
Claim of Isauro Pruneda
 

On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $400.00.

Vote: 5 - 0 - Unanimously

 
22.
 
Closed Session:
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.
 
24.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, 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 28th day of May, 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 May 28, 2013.

Signed this      30     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