BE IT REMEMBERED, that on this 20th 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 JOEL QUINTANILLA 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:
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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING November 20, 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 Quintanilla. Commissioner Quintanilla joined the meeting shortly after commencement.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
Jaime Longoria led the Court and Audience in Prayer.
The Court moved to approve the Consent Agenda.
-Frank Traver discussed the cost of public and private bus services.
-Lydia Jefferies thanked Commissioner Flores and the Court for helping her with her glasses.
-Fern McClaugherty expressed concerns with the possible removal of the Step & Grade and had questions on the New Courthouse.
-Lupe Chavez expressed concerns
-Karina Cardoza informed the Court and Audience that the County Judge's Office, Public Affairs, Emergency Management, Human Resources Department and the Fire Marshal's Office will be moving to new locations.
-Opal Billman discussed various issues pertaining to her property and false imprisonment.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve all three Amendments.
Vote: 4 - 0 - Unanimously
Ms. Chapa reminded the Court that this item was previously discussed and acted upon. She briefly read Dr. Richard Flemming's biography.
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
2. Requesting engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
NO ACTION taken on items 7.A.1 & 2.
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
Richard Sunday informed the Court that the portable buildigs are about 98% complete and should be able to occupy the buildings by early to mid January. Valde Guerra, Executive Officer, informed the Court that the walk through punch list complied with respect to Ramtech Building Systems and that an action item will be placed on the Agenda next week.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
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 3-1 vote of approval to suspend the Hidalgo County Classification and Compensation Pay Plan for all participants. The vote was carried as follows:
AYE:Commissioner Flores, Commissioner Joseph Palacios, Judge Garcia
NAY:Commissioner Hector Palacios
ABSTAINED/ABSENT: Commissioner Quintanilla
Vote: 3 - 1
1. Approval to accept overtime funding from the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) in the amount of $15,000.00.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval with authority to pay the overtime.
Vote: 4 - 0
2. Approval of certification of revenues, as certified by the County Auditor, for ICE overtime funding.
3. Approval of appropriation of funds in the amount of $15,000.00.
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 8.A.1 & 2.
Vote: 4 - 0 - Unanimously
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
2. Approval for County Judge Ramon Garcia to sign the Asset Forfeiture Report.
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. Approval to create the following part-time position.
| Position/Title | Slot # | Grade |
| Coordinator I | 031 | 09 |
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval @ $15.64 per hour.
Vote: 4 - 0 - Unanimously
2. Approval of intradepartmental transfer.
3. 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 9.B.2 & 3.
Vote: 4 - 0 - Unanimously
NO ACTION taken on this item.
Eddie Olivarez informed the Court that he had submitted the 1115 Waiver Documents and is expecting to submit the next level of documents by December 16, 2012.
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 fees.
Vote: 4 - 0 - Unanimously
Mr. Martinez informed the Court that changes are being made of the By Laws and should be placed on the Agenda for December 3rd for action.
1. Approval to create the following full-time position:
| Slot No. | Position Title | Budgeted Salary |
| 0002 | Clerk I | $22,000.00 |
2. Approval of appropriation from reserved funds.
3. Approval of 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 12.A.1, 2 & 3, subject to legal counsel.
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: 3 - 0 - Unanimously
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval;
Vote: 3 - 0
(2) the County Judge to act as the County’s Executive Officer and Authorized Representative in all matters pertaining to the County’s participation in the Texas Department of Agriculture’s Texas Community Development Block Grant Program 2012 CEDAP fund application.
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: 3 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval;
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
| Invoice Date | Invoice # | Vendor | Amount |
| 10-4-2012 | XY925100412 | COMDATA | $258.02 |
| 11-4-2012 | XY925110412 | COMDATA | $ 48.03 |
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: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
NO ACTION taken on this item.
1. McAllen I.S.D (Austin One Stop H/S Center) - Two Years
2. McAllen Housing Authority (McAllen V H/S Center) - One Year
3. McAllen Housing Authority (Vine Terrace H/S Center) - One Year
4. City of Weslaco (Weslaco I H/S Center) - One Year
On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 16.C.1, 2, 3 & 4.
Vote: 4 - 0 - Unanimously
1. San Martin de Porras Catholic Church (Land) - Western Road H/S Center
2. Daniel Garza (Land) - Granjeno H/S Center
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 16.D.1 & 2.
Vote: 4 - 0 - Unanimously
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
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
| Vendor | Invoice # | Amount |
| Valley Metro Security | 122295 | $3,723.93 |
| Valley Metro Security | 122264 | $3,474.64 |
| Valley Metro Security | 122421 | $2,827.00 |
| Valley Metro Security | 122333 | $3,721.36 |
| Valley Metro Security | 122364 | $3,721.36 |
with authority for County Treasurer to issue payment after review and auditing procedures are completed.
NO ACTION taken on this item.
On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
1. Approval of the following personnel actions:
| Action | Position/ Slot No. | Position Title | Current Budgeted Amount |
Proposed Budgeted Amount |
Total Increase/Decrease |
| Salary Decrease | 330-032-G001 | Probation Officer | 35,545.00 | 35,545.00 | -0- |
| 330-002-G059 | 7,972.00 | 3,750.00 | (4,222.00) | ||
| Salary Increase (Vacant) |
330-002-0014 | Probation Officer | 37,000.00 | 41,222.00 | 4,222.00 |
| 330-010-G043 | 2,295.00 | 2,295.00 | -0- |
On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Approval of 2012 appropriation of funds for the District Clerk Records Management & Preservation Fund (1235) in the amount of $25,000.00 to fund records storage and retrieval services.
On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 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.
1. Dental - Metlife
2. Vision - Safeguard thru Metlife
3. Disability:
Short Term - UNUM
Long Term - UNUM
4. Accident Plans - Allstate
5. Critical Illness - Allstate
6. Universal Life - Allstate
7. Cancer - Allstate
b. Action by CC applicable to responses received by current providers in connection with employees that have policies:
1. "Grandfather" current providers for only those employees that currently have policies and continue payroll deductions; or,
2. Conversion of said policies for employees that currently have policies to a "post-tax" product with no payroll deduction but rather individual responsibility (by employees) to pay premiums;
c. Accept or reject all proposals received (and thus not proceed to rank) for: "Section 125 Voluntary Insurance Products" (i.e. Voluntary Short & Long Term Insurance, Dental, Vision, Cancer Plan, Accident, Critical Illness, Universal Life Insurance and COBRA Administration & Others) and, if accepted:
d. Proceed to rank the proposals for each product so as to proceed to the negotiation phase of the process; or, if rejected;
e. Authority to re-advertise an RFP for: "Section 125 Voluntary Insurance Products" (Voluntary Short & Long Term Insurance, Dental, Vision, Cancer Plan, Accident, Critical Illness, Universal and Other Types of Life Insurance and COBRA Administration) with inclusion/imposition of the following:
1. No Loss No Gain Provision;
2. New Grading Criteria, if necessary & recommended;
3. Selection and/or designation of Scoring/Grading Committee:
a. Proposed names as recommended by Pct. #3 - Raul Silguero, Mona Parras & Marty Salazar
b. Additions or Deletions, if applicable;
4. Presentations to CC by top __________ scored vendors with a ten point max value thus a total max score of 110;
5. Hidalgo County's sole option to award to one or multiple vendors;
6. Minimum of a 42 months term with possible multi-year rate guarantee with option to renew additional _____ extensions with HC sole discretion to permit rate negotiations (only, if necessary);
7. Ad dates: 11-24, 12-1, & 12-8- RFP acceptance date: 12-19-12
f. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Section 262.024(a)(4)-professional service;
g. Approval for Purchasig to negotiate a professional consulting agreement with William "Bill" Rusteberg to provide assistance to Hidalgo County Commissioners Court directly or to CC Designated/Assigned Grading Committee (i.e.score, grade, evaluate, analyze, develop recommendation grid directly to CC or to Benefits Committee for the responses received and in the process assist Committee in their grading duties and responsibilities with educational information);
h. If necessary, Commissioner Court's declaration of a new plan year of ____________________________.
NO ACTION taken on items 19.A.3.a-h.
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 3 JOE FLORES, the Court made a UNANIMOUS vote of approval, subject to deleting the four precinct rooms/offices.
Vote: 4 - 0
b. Authority for project archiect, AGA to proceed with the Design Development Phase for the addition to the former administration building project (100 E. Cano, Edinburg) titled the design and construction of a New Commissioners' Court Room Chamber Facility.
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve, subject to modifications to the four precinct offices/rooms.
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
a. Final construction contract (CC previously approved to award on 10-23-12) in the amount of $363,487.00;
On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 3 JOE FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
b. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
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. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion byCOMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to go into Closed Session.
Vote: 3 - 0
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 20.A through E.
NO ACTION taken on this item.
NO ACTION taken on this item.
NO ACTION taken on this item.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, the Court made a UNANIMOUS vote to approve in the amount of $8,489.14.
Vote: 3 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 1 JOEL QUINTANILLA, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve in the amount of $14,184.81.
Vote: 3 - 0 - Unanimously
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. 1 JOEL QUINTANILLA, 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 20th 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 Noember 20, 2012.
Signed this 27th 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