BE IT REMEMBERED, that on this 13th day of November A.D., 2012, 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 HECTOR "TITO" PALACIOS HONORABLE JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE 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 November 13, 2012 9:30 A.M. |
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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:
All members of the Court were counted present, with the exception of Commissioner Flores and Commissioner Quintanilla. Commissioner Flores joined the meeting shortly after commencement of the meeting.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
Virginia Townsend led the Court and Audience in Prayer.
The Court moved to approve the Consent Agenda.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS , the Court made a UNANIMOUS vote of approval to accept the resignation of Cain Caceres.
Vote: 4 - 0 - Unanimously
2. Appointment of 5 at large members to the South Texas Independent School District Board of Directors
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to appoint/reappoint Sylvia Garza, Yolanda Cuellar, Ramon Montalvo and Dr. Richard Fleming to the South Texas I.S.D. Board of Directors.
Vote: 4 - 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
NO ACTION taken on item 6.A.1 & 2.
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, Executive Officer, informed the Court that they are on schedule as it pertains to the Portable Buildings.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
Requesting authorization for Comm. Joseph Palacios’ signature on a Delegation of Responsible Official Form to allow County Environmental Compliance Coordinator to submit required reports to TCEQ for Pct. 4 Air Curtain Incinerator.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Presentation by Iram Gutierrez with the Law Office of John David Franz.
Requesting permission to advertise/hire for the following:
| Slot no. | Position Title | Grade |
| 0006 | Health Inspector II | 9 |
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
Requesting permission to advertise/hire for the following:
| Slot No. | Position Title | Grade |
| 0002 | Deputy Fire Marshal | 10 |
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Requesting permission to allow Juan Martinez, Fire Marshal and Tommy Ureste, Deputy Fire Marshal to attend "A Forensic Analysis of Fire Dynamics Seminar" sponsored by the South Texas Fire Investigators Association. The seminar will be held November 28-30, 2012 at South Padre Island.
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
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to relocate the 430th to the Courthouse, the old 206th District Court
Vote: 4 - 0 - Unanimously
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
Authorization for County Judge to sign the Certification of Eligibility letter for the OVW Domestic Violence Prevention Demonstration Initiative
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
County Clerk
District Clerk
District Attorney
Tax Office
Mr. Guajardo, Hidalgo County Clerk, came before the Court requesting that the departments listed be removed from the Classification and Compensation Pay Plan until all county departments are on the plan. Judge Garcia explained that there is a Workshop scheduled for 11:00 a.m. to discuss this matter and that any recommendations or actions be deffered until such time.
NO ACTION taken on this item.
1. Approval of the following personnel actions:
| Action | Slot No. | Position Title | Grade |
| Create | 0142 | Deputy Clerk II | 07 |
| Create | 0143 | Deputy Clerk II | 07 |
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedule.
Paul Villareal informed the Court that these positions would be for assistance with the Scofflaw.
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 10.A.1, 2 & 3.
Vote: 4 - 0 - Unanimously
NO ACTION taken on this item.
Mr. Olivarez notified the Court that there were minor numerical corrections, as well as corrections on verbage and spelling.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
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
| Vendor | Invoice # | Date | Invoice Amount | Purpose |
| Valero | 580494 | 09/26/12 | 85.11 | Fuel Cost |
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
1. Requesting approval of the following personnel actions:
| Action | Slot # | Position Title | Grade |
| Delete | 0029 | Eligibility Specialist I | 4 |
| Delete | 0043 | Eligibility Specialist I | 4 |
| Create | 0048 | Clerk II | 3 |
| Create | 0049 | Clerk II | 3 |
2. Approval or revised salary schedule.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 11.H.1 & 2.
Vote: 4 - 0 - Unanimously
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
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
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
Authorization and approval to purchase Pooled Telemetry Connect Plans through the County's membership/participation with CONTRACT: DIR-SDD-1777 with awarded vendor AT&T for the following:
| Decription: | Quantity: | Employee Name: | Service Plan: | |
| New Activation | 120 | Office Use | Pooled Telemetry Connection Plan-1MB @ $6.65/ea X 120/units = $798.00/month |
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
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
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Ms. Serna clarified to the Court that there is $370,789.85 available for this project.
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: 4 - 0 - Unanimously
Amanda Valdez informed the Court that they will have the Canvassing of Elections scheduled for Wednesday, November 14, 2012.
a. Salida del Sol Estates Phase VI – Pct. 3 (Mario Flores)
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
b. Vista Ridge Acres Phase IV – Pct. 1 (Jack McClelland)
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
Judge Garcia requested, in addition to the exhibit, that Mr. Sesin, Planning Administrator, work on a statement that the applicant can sign acknowledging that it has been explained and that they understand that they cannot build on the back end of this property.
2. Preliminary Approval
a. La Frontera Estates Phase IV – Pct. 1 (Allen Cohrs)
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
b. Aurora Valley Phase II – Pct. 1 (Mike Rhodes)
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
3. Final Approval
a. Quintana Auto Parts Subdivision – Pct. 1 (Ruben Perez)
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
b. RBA Mission (Doffing) Subdivision – Pct. 3 (Fidel Solis III)
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
Mr. Sesin informed Judge Garcia that he has been working on a form, with Jaime Longoria of the County Judge's Office, for final routing where all of the departments can sign. Mr. Sesin is hoping to present the form within a week.
1. Approval to create the following full time position:
| Department | Slot # | Position | Budgeted Salary |
|---|---|---|---|
| Road Maintenance | 0089 | Engineering Technician IV | $40,078.00 |
2. Approval of revised 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 17.A.1 & 2.
Vote: 4 - 0 - Unanimously
1. Approval of Certification of Revenues as certified by the County Auditor for revenues received from TXDOT for reimbursement of Parcel 24 for S. McColl Rd. project.
2. Approval of 2012 appropriation of funds into Pct. 2 S. McColl Rd. in the amount of $303,638.27.
Mr. Jim Barnes and Ms. Virginia Townsend expressed that they would like Open Forum to be placed at the beginning of the Agenda due to scheduling issues. Judge Garcia explained that there have been occasions where open forum speakers have been negative or make accusations and the Court is unable to respond. Commissioner Joseph Palacios commented that there needs to be dignity and respect even if everyone is not in agreement on issues. Judge Garcia closed the discussion by stating that there needs to be respect for the Court and they see what results with this approval.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR "TITO" PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
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).
Including, but not limited to, the following items in connection with New Adult Detention Center:
a) Detention Facility Law Enforcement Center Design- Build Contract with including action regarding Landmark Application for payment, final punch list and release of retainage
b) Construction of additional pod(s)
c) Selection and engagement of an architect for the construction of additional pods
NO ACTION taken on items 19.A.1 & 2.a, b & c.
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: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
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 exemption.
Vote: 3 - 0 - Unanimously
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional architectural services for necessary repairs for the county owned building located at 9805 North 10th Street McAllen, Texas
| Polkinghorn Group Architects, Inc | Alcocer Garcia Associates, Inc | ERO Architects |
| 91 | 94 | 96 |
| 3 | 2 | 1 |
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 order of the scores.
Vote: 3 - 0 - Unanimously
c. Authority for the Purchasing Department to negotiate a professional (Architectural Services) contract with the No. 1 ranked firm of ___ERO Architects__ for the provision of professional architectural services necessary for the county owned building located at 9805 North 10th Street McAllen, Texas
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: 3 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on an as needed basis, through December 31, 2012.
Vote: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
a. Rescind bid award and cancel contract document as mutually agreed to by awarded vendor, Fresno Construction (C.C. AI-34397 -09/25/12) including approval to return the original Payment & Performance Bonds to Fresno Construction so as to prevent any charges for the bonds;
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0
b. Cancellation of the project for Civil Site Improvements for the project titled: New Multipurpose Facility and Mechanical Shop;
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: 3 - 0 - Unanimously
c. Approval to exercise option to "terminate" agreement with Raba Kistner Consultants, Inc. (CC approved on 05/29/12) in connection with "construction materials testing" services for the cancelled project titled: Construction of a New Multipurpose Facility & Mechanical Shop for Hidalgo County Precinct No. 4.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve item 19.D.1.c.
Vote: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve with L. V. Mobile Imaging, L.L.C.
Vote: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve A. R. B. Fire Protection.
Vote: 3 - 0 - Unanimously
-Opal Billman came before the Court
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
NO ACTION taken on items 21.A & B.
NO ACTION taken on items 22.A & B.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
NO ACTION taken on this item.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval to Adjourn.
Vote: 3 - 0 - Unanimously
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 13th day of November, 2012
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 November 13, 2012.
Signed this _15th _ day of November 2012
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Priscilla Torres, Deputy