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Minutes for CC REGULAR

SPECIAL MEETING - JUNE 4, 2013

BE IT REMEMBERED, that on this 4th day of June 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
June 4, 2013
9:30 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call
All members of the Court were counted present.
 
2.
 
Pledge of Allegiance
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer
Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda
The Court moved to approve the Consent Agenda.
 
5.
 
Open Forum
-Fern McClaugherty expressed concerns with item the County paying travel expenses due to error on behalf of the county employee and had questions on the Agreement for debris removal between the City of Kingsville aand Hidalgo County.
-Opal Billman discussed the settlement of her community property, being falsely imprisoned on her own proprety, etc.
-Virginia Townsend questioned an item on Consent Agenda for roof repairs to the old Administration Building.
-Valde Guerra informed the Court that the repairs that was previously done on the old Administration Building is for a different area.

Juge Garcia then
Rick Perry motel fire in the City of Houston
4 firefighters died
flags flown at half staff on Wednesday
 
6.
 
County Judge's Office:
 
A.
 
Report on bills before the Texas Legislature of interest to Hidalgo County

Rick Alvarez informed the Court that Governor Rick Perry has convened the Texas Legislature for a special session on redistricting issues and how it may affect minority groups.

 
B.
AI-39050
Update on I-69 designation

Robert Villareal informed the Court that Intersate 2 and Interstate 69 were approved  and explained that those areas will be funded by the State as well as the Federal Government. He explained how it would affect the highways located within the County, increase funding, etc. 
 
C.
AI-39033
Requesting approval to appoint Mr. Robert Contreras as intern in Public Affairs Division as part of Academic Leadership Alliance
 

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

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the exemption as it pertains to Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al.
Vote: 4 - 0 - Unanimously


On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the exemption as it pertains to Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County.
Vote: 5 - 0 - Unanimously


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

On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to engage the firm of Preston Henrichson as it pertains to Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al.
Vote: 5 - 0 - Unanimously



On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to engage the firm of Atlas & Hall & Rodriguez Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County.
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 informed the Court that the portable buildings are complete but are pending a walk through. He explained that they will be working with the Courts and their docket to prepare for the move.

3) Emergency situations occurring since last agenda meeting

NO ACTION taken on this item.
 
C.
AI-38967
Approval to accept settlement check from Fred Loya Insurance Company in the amount of $97.50 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: 5 - 0 - Unanimously

 
D.
AI-38994
Public Defense:
Approval to process payment of claim from court-appointed attorney as follows: 
Attorney Total Claim Amount
Noel Gonzalez $4,475.00
in connection with legal representation of indigent defendant; (due to statute of limitations to bill county have expired), with authority for County Treasurer to issue payment after review and auditing procedures are completed by the County Auditor.
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
8.
 
Constables:
 
A.
AI-38872
Constable Pct. 3:
Discussion, consideration and approval to appoint Rene Gonzalez as Deputy Constable by Constable Lazaro Gallardo, Jr., Constable Precinct 3 in accordance with Texas Local Government Code Section 86.011.
 

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:
 
9.
 
Sheriff's Department:
 
A.
AI-39049
Authorization and Approval to apply for the FY2013 Operation Stonegarden Grant with the Department of Homeland Security, Federal Emergency Management Agency (FEMA).
 

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:
 
10.
 
Human Resources - Esther Cortez:
 
A.
AI-38709
Information Technology (1100):
1.  Approval to create the following temporary positions effective for six months and or 12/31/2013:
Slot#    Position Title    Budgeted Salary/
Rate of Pay
T041 & T042 (2) GIS Clerk II     $12,480.00 Annual/$12.00 Hrly
 
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 10.A.1, 2 & 3.

Vote: 5 - 0 - Unanimously

 
B.
AI-39048
Facilities Management (220-001):
1.  Approval of the following personnel actions:

Action Position/Title Slot # Budgeted Salary
Delete Infrastructure Systems Manager 0090 $ 67,800.00
Delete Electrician I 0108    32,769.00
Create Maintenance Manager 0113    50,000.00
 
2.  Approval of the revised salary schedule.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 10.B.1 & 2.

Vote: 5 - 0 - Unanimously

 
C.
AI-39047
Executive Office (125-001):
1.  Approval to create the following full time position:

Slot # Position Title Budgeted Salary
0017 Administrative Operations Coordinator IV $ 50,000.00

2.  Approval of revised salary schedule.
3.  Approval of interdepartmental transfer
 

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

 
11.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-38859
DA INVESTIGATION HB65 (1223):
1. Approval to create the following temporary part-time position(s) not to exceed six (6) months:
 
Slot
No.
Position
Title
Budgeted Salary/
Rate of Pay
T096 Clerk I $3,492.00 Annual/ $9.00 Hrly
T097 Clerk I $3,492.00 Annual/ $9.00 Hrly
T098 Clerk I $3,492.00 Annual/ $9.00 Hrly
T099 Clerk I $3,492.00 Annual/ $9.00 Hrly
T100 Clerk I $3,492.00 Annual/ $9.00 Hrly

On motion byCOMMISSIONER, PCT. 34 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously


2. Approval to create the following temporary part-time positions not to exceed six (6) months.  Said positions to become effective 07/01/2013 and approval to waive the posting and hiring of the positions:
 
Slot
No.
Position
Title
Budgeted Salary/
Rate of Pay
T094 Clerk IV $8,320.00 Annual / $20.00 Hrly
T095 Criminal Investigator I $5,999.00 Annual/ $14.42 Hrly
 
3. Approval of intradepartmental transfer.
4. Approval of revised salary schedule
 

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

Vote: 5 - 0 - Unanimously

 
B.
AI-38863
D.A. STATE SUPPLEMENT (1281):
1. Approval to create the following temporary part-time position.  Said positions to be effective 07/01/2013 and approval to waive the posting and hiring of the positions. 

Slot
No.
Position
Title
Budgeted Salary/
Rate of Pay
T010 Clerk I $7,146.00 Annual/ $9.00 Hrly
T011 Clerk I $6,683.00 Annual/ $8.47 Hrly

2. Approval of revised salary schedule.
 

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

Vote: 5 - 0 - Unanimously

 
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

NO ACTION taken on this item.
 
13.
 
Emergency Management - Oscar Montoya:
 
A.
 
Status update on the Water Irrigation Allotment

NO ACTION taken on this item.
 
B.
AI-38880
Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreement between Hidalgo County and the La Joya Independent School District.
 

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:
 
14.
 
Facilities Management:
 
A.
AI-38914
Facilities Management:
1. Approval of application for credit with Dealers Electrical Supply, needed in order to purchase electrical supplies from vendor, with authority for Valde Guerra, Executive Officer to sign documents

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

2. Approval of application for credit with Wholesale Builders Supply, needed in order to purchase supplies from vendor, with authority for Valde Guerra, Executive Officer to sign documents

Valde Guerra for the Record: This will be through Purchase Orders.
 

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:
 
15.
 
IT Department - Renan Ramirez
 
A.
AI-38243
Authorization for the use of the County's Justice Court Technology Fund for the purchase of equipment for the County Constable offices as an extension of their role in supporting the offices of the Justice of the Peace.
 

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

 
B.
AI-39022
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
03/28/2013 956 383 5229 AT & T 576.78
04/28/2013 956 383 5229 AT & T 575.71
04/11/2013 956 581-2244 191 9 AT & T 150.05
05/11/2013 956 581-2244 191 9 AT & T 149.22
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-38956
Health & Human Services:
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
AT&T 956-787-1531-073-5 04/09/13 $428.81
AT&T 956-682-6155-728-4 04/07/13 $259.53
AT&T 956-682-6155-728-4 05/07/13 $259.60
AT&T 956-387-0118-710-9 04/15/13 $152.80
AT&T 956-387-0118-710-9 05/15/13 $152.84
AT&T 956-585-2461-751-2 04/17/13 $177.85
AT&T 956-585-2461-751-2 05/17/13 $177.97
AT&T 956-383-0111-942-9 04/19/13 $102.25
AT&T 805227770 04/03/13 $98.99
AT&T 805227770 05/03/13 $62.90
    Total $1,873.54
 

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

 
D.
AI-39004
HUMAN RESOURCES

Authorization and approval to upgrade service and equipment through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:

Description: Requisition #: MDN: Equipment/Cost: Service Plan: Employee Name: Employee #:
Upgrade 235886 956-330-1796 Apple iPhone 4-8GB @ $0. Nationwide Talk & Text & Data Unl. Anytime Mins @ $100.09 + $5.00 X 7 (June-Dec.2013) = $735.63 Esther A. Cortez 053074
 

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

 
E.
AI-38901
IT Department:
Requesting approval for reimbursement to Mariano Manzano in the amount of $150.00 for expenses incurred during the Census CQR Program travel to Washington, D.C. as a claim with authority for the County Treasurer to issue a payment/check after review, audit and processing procedures are completed by the County Auditor.

NO ACTION taken on this item.
Attachments:
 
16.
 
Urban County - Diana Serna:
 
A.
AI-38895
Urban County Program is requesting approval of a best and final negotiated contract for the Professional Appraisal Review Services with HLH Appraisal Services in the amount of $450.00 for each appraisal review report of each parcel (8 parcels) utilizing Texas General Land Office (GLO) Round 2.1 funds for the Peñitas Drain project located within Precinct No.3.
 

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:
 
B.
AI-38984
Urban County Program on behalf of Precinct No. 1 is requesting consideration and action to award and enter into a construction contract with Castle Enterprises, LLC for a street improvement project (Saenz Avenue) located within Precinct 1 area. Total contract amount $222,724.05 utilizing Precinct No. 1 FYs 20, 21, 22 & 23 (2007, 2008, 2009 & 2010) 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 of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-38907
The Urban County Program wishes to disclose that employee Sergio M. Garcia is applying for a home loan with Affordable Homes of South Texas, Inc., a nonprofit agency. Mr. Garcia monitors the ESG and CDBG programs. He is not involved with the HOME program. Mr. Garcia did not qualify through the Urban County HOME CHDO program because the property is within the Pharr city limits and therefore the house will not be built with Urban County funds. Affordable Homes of South Texas, Inc. has qualified Mr. Garcia for a home loan due to meeting the HUD income limits.

Ms. Diana Serna disclosed to the Court that Urban County Funds will not be used to for Mr. Garcias home.
NO ACTION taken on this item.
 
17.
 
Elections Administration - Yvonne Ramon:
 
A.
 
Vote Center Selection Committee Update

-Ms. Ramon thanked the committee for all their hard work and dedication put into the research of the vote centers.

-Eli Olivarez, Chairman to the Vote Center Committee, provided the Court an update on the participation and recommendations of the committee. Mr. Olivarez reiterated that the Vote Centers will be for the November 2013 Constitutional Election only and will be used to get data for future elections. He explained that by creating the vote centers, the county will be providing its residents greater convenience and access to polling locations and stated that the committee's general recommendation is to move away from the schools. Olivarez concluded "that there will never be a wrong voting place in Hidalgo County, therefore; it is the committee's opinion that Hidalgo County will experience a higher voter turnout".

-Rosalie Weisfeld questioned the amount of the budget, lack of information and cost to obtain and maintain the Vote Centers. Ms. Weisfeld expressed concerns that voters would be negatively affected by removing some schools from the list of polling locations.

-Commissioner Hector Palacios expressed concerns with Napper Elementary in Pharr not being on the list of Vote Centers/Polling Locations and asked that the Court consider adding it to the list.

-Elise Alvarado, Advocacy Alliance Center of Texas (AACT) Board President, stated that even though the committee nor the County have empirical data, that they should go forward with the Vote Centers because they have "Nothing to Loose" and should take into consideration the impact on future voting.

-Cindy Garza-Reyes, District Director for Congressman Ruben Hinojosa, read a letter of support on the implementation of Vote Centers as a pilot program. In his letter, Congressman Hinojosa expressed that Vote Centers have convenient access and that the County should consider the pilot program which may increase voter turnout and possibly federal dollars.

-Annette Muniz also asked that the Court consider moving away from the schools for the safety of the children but that they proceed with the Vote Centers pilot program.

-Ann Williams Cass, with Proyecto Azteca and the Equal Voice Network, commented that they have supported voting centers but asks that they maintain the neighborhood locations to accommodate the low income.

Daniel Diaz, with the Equal Voice Network and La Union de Pueblo Entero,
explained that they are big believers in Voting Centers but after reviewing the Secretary of States's report, believes that not everyone who had vote centers increased their voting numbers.

-Commissioner Joseph Palacios congratulated the committee on the work they've done. Commissioner Palacios stated that they need to do a lot of public involvement to make the people aware of what the County is trying to do, however; he mention that he would like to see Jefferson Elementary in Edinburg and Gonzalez in McAllen on the list of voting locations.

-Ms. Ramon clarified that whatever data is obtained is by polling location. She quoted Lubbock County..."The only way to truly get empirical data on vote centers is to begin," because there is nothing else to compare with. In addition, she explained that along with the UT Pan Am and STC, she plans on conducting a survey to track where people vote and whether it's near where they live or work. Discussion continued and Ramon explained that the budget is in place and that not all of the same 30 locations from 2011 are available due to space constraints, traffic, etc. The Court expressed that they wish to contact the various governmental entities within the county to discuss the voting locations, what the plans of the county are, etc. Ms. Ramon informed the Court that only twelve counties are allowed to use the pilot programs and that she will contact the state and other counties to ask about their time lines.

-Judge Garcia reiterated that he would send out a letter to the city commissions and the school boards to inform them on what the county plans to do, in attempts to speed up the process.

 
B.
AI-38867
Presentation, Discussion and approval of proposed Vote Center locations for the November 5, 2013 Constitutional Amendment Election.

NO ACTION taken on this item.
 
18.
 
WIC - Norma Longoria:
 
A.
AI-38913
WIC - Lactation (1292)
1. Approval of 2013 budget amendment for the  WIC Lactation Grant in the amount of $17,500.00.
2. Approval of Certification of Revenues as certified by the County Auditor in  the amount of $17,500.00.
3. Approval of appropriation of funds for the 2013 WIC Lactation Services Grant. 

Commissioner Flores stepped away.
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 18.A.1, 2 & 3.

Vote: 4 - 0 - Unanimously

 
19.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-39027
1. Requesting authorization for Hidalgo County to execute the Interlocal Cooperation Agreeement between Hidalgo County and City of Weslaco for the Mile 9 (Mile 3W to Mile 2W) Project.

On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 18.A.1, 2 & 3.
Vote: 4 - 0

2. Acceptance and approval of the Interlocal Cooperation Agreement Project pursuant to the approval of the Interlocal Agreement as stated above.
 

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

 
20.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-39016
Approval of appointment to the Hidalgo County Emergency Services District #4.

NO ACTION taken on this item.
 
21.
 
Precinct #3 - Comm. Flores:
 
A.
AI-38965
Requesting approval to process the following invoice as claim with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor. PO # 688203.
Vendor Invoice Date Amount
Mobile Relay Partners M137497 3-4-2013 $5,094.00
 

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:
 
22.
 
Budget & Management - Sergio Cruz:
 
A.
AI-38844
Discussion, consideration and approval of Amendment #1 to the Advanced Funding Agreements between the State of Texas, acting by and through the Texas Department of Transportation and the County of Hidalgo for the Safe Routes to School Program Projects with the authority for County Judge to sign the required documentation:

Project CSJ No.
San Carlos & J.F. Kennedy Elementary Schools  0921-02-265
Carmen Avila Elementary School 0921-02-263
Esparza & Betts Elementary Schools 0921-02-269
 

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

 
B.
AI-38342
Edward Byrne Memorial:
1. Authorization and approval to apply for the FY 2013 Edward Byrne Memorial - Justice Assistance Grant (JAG) Program with the U.S. Department of Justice.
2. Authorization for County Judge to sign the required documents.
 

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 22.B.1 & 2.

Vote: 4 - 0 - Unanimously

 
C.
AI-39031
Precinct No.1
1. Approval of 2013 unappropriation of funds from proceeds of sale of assets by Precinct No.1 from (1302 Fund) in the amount of $92,376.00.

Commissioner Flores joined the meeting.

2. Approval of 2013 appropriation of funds from proceeds of sale of assets by Precinct No.1 to (1100 Fund) in the amount of $92,376.00.
 

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 items 22.C.1 & 2.

Vote: 5 - 0 - Unanimously

Attachments:
 
23.
 
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 item 23.A.1 & 2. a, b & c.
 
3.
AI-39010
A.  Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code, 262.024(a)(7)(C);

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

B.   Approval of a "Sole Source Declaration" for GTE Southwest, dba, Verizon for the provision of telephone and Related services for Hidalgo County's Elected Offices, Departments,  Programs and/or Agencies (all funding sources); 

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.  Approval for Hidalgo County Elected Offices, Departments, Programs and/or Agencies to purchase phone & related services from GTE Southwest, dba, Verizon inasmuch as this provider has proprietary/exlusive areas/zones. 
 

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

 
4.
AI-38815
Presentation of sole 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 Bids titled: Hidalgo County - "MS-1 Emulsified Asphalt" through project No.: 2013-052-05-01-SGS.
 

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 Performace Grade Asphalt.
Judge Garcia Abstained.

Vote: 4 - 0

 
5.
AI-38803
a. Requesting approval to declare as "surplus" for the purpose of destruction, with the assistance of the Hidalgo County Precinct 4 Road & Bridge) twenty two (22) total emergency/law enforcement light bars (detailed in Exhibit attached).

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

b. Requesting authorization to remove said assets from Hidalgo County Inventory List
 

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:
 
6.
AI-38754
A.  Presentation for discussion, consideration and acceptance of  Resolution #2013-29 by City Of Kingsville authorizing the Mayor to enter into the Mutual Benefit And Use Agreement between the City Of Kingsville and Hidalgo County thus allowing both local governments to work together for the benefit of its citizenry when able to do so; and

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 of the "Mutual Benefit And Use Agreement" as reviewed and approved by legal between the County Of Hidalgo and the City of Kingsville pursuant to the City's Resolution #2013-29 in connection with emergency debris removal services.
 

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

 
B.
 
Pct. 1
 
1.
AI-38738
Approval of a Professional Engineering Service Agreement as reviewed and approved by legal with Le Fevre Environmental Management Consulting for the purposes of "Engineering Services" (on-call-on an as needed basis) for projects located within Precinct One and (as selected for negotiations through County's protocol  from the "POOL" of Engineering by CC on 03/05/13).
 

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:
 
24.
 
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: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-38985
Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County
 
D.
AI-39037
Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al
 
E.
AI-39039
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County
 
F.
AI-39043
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Red Flower - Tax Abatement and/or 381 Agreement.
 
G.
AI-38996
Claim of Diego Cletis R. Cavazos
 
H.
AI-39006
Claim of Rodolfo Trevino
 
I.
AI-39028
Claim of Domingo Villalpando

NO ACTION taken on items 24.A through I.

 
25.
 
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-38987
Civil Action No. 7:12-cv-00502; Carla Davis v. Hidalgo County
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve in the amount of $50,000.00 with all the relevant documents to be signed.

Vote: 4 - 0 - Unanimously

 
D.
AI-39038
Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al

Refer to item 7.A.1 & 2.
 
E.
AI-39040
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County

Refer to item 7.A.1 & 2.
 
F.
AI-39044
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Red Flower - Tax Abatement and/or 381 Agreement.

NO ACTION taken on this item.
 
G.
AI-38999
Claim of Diego Cletis R. Cavazos
 

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 the settlement offer in the amount of $1,800.00.

Vote: 5 - 0 - Unanimously

 
H.
AI-39007
Claim of Rodolfo Trevino
 

On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $2,150.00.

Vote: 5 - 0 - Unanimously

 
I.
AI-39029
Claim of Domingo Villalpando
 

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 the settlement offer in the amount of $1,225.17.

Vote: 5 - 0 - Unanimously

 
26.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
27.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this item.
 
28.
 
Adjourn
 

On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH 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 4th day of June, 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 June 4, 2013.

Signed this     4th    day of    June    2013




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


By: ____________________________
(Seal) Priscilla Torres, Deputy