BE IT REMEMBERED, that on this 5th day of February 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 JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 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 February 5, 2013 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.
Judge Garcia led the Court and Audience in Prayer.
Virginia Townsend led the Court and Audience in Prayer.
The Court made moved to approve the Consent Agenda.
-Opal Billman discussed her false imprisonment and the ownership & beneficiary of her property.
-Judge Garcia requested a moment of silence in honor of Adela Cantu Partida, Judge Partida's mom, who has passed away.
-Virginia Townsend discussed the start time of Drainage District and Commissioners' Court Meeting, airing of Commissioners' Court Meeting fees, and County Policy on use of a Construction Manager.
-Fern McClaugherty discussed items 7.G, H & I, which pertained to vehicle accidents.
- Lydia Jefferies discussed damages to her mobile home while repairs were being made to it and asked for assistance in repairing her home.
a. Marisela Prieto
b. Marcela Hernandez-Flores
c. Cecilia Garza
d. Juanita Isabel Rea
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approvethe appointment of interns and the Affiliation Agreement.
Vote: 4 - 0
2. Authorization for County Judge or authorized representative (Karina Cardoza, Public Affairs Director) to sign Affiliation Agreement for Internship-Preceptorship Program
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 authorize the County Judge to sign the Affiliation Agreement.
Vote: 4 - 0
NO ACTION taken on this item.
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
2) Update on Courthouse Portable Building Project, other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on items 7.B.1, 2 & 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: 4 - 0 - Unanimously
Requesting permission to allow Adelia F. Munoz to travel to Columbus, Texas on February 26-28, 2013 to attend the South Region FCS Retreat.
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
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
Requesting permission to advertise/hire for the following:
| Position | Slot # | Salary |
| Data Entry Clerk I (temporary) | T147 | $17,636.00 |
| Data Entry Clerk I (temporary) | T148 | $17,636.00 |
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, not to exceed six months and/or the end of this year.
Vote: 4 - 0
2. Approval to authorize Ramon Garcia, Hidalgo County Judge, to sign Power of Attorney forms for title purposes to settle total loss auto claim with Travelers Insurance Company.
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 items 7.G.1 & 2.
Vote: 4 - 0
Valde Guerra for the Record: This is not a total loss, we retained the property.
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
1. Approval of Order setting salary for the following:
| Position | Slot # | Salary (approved by Board of Judges on 1/31/13) |
| Court Reporter | 0002 | $73,000.00 |
2. Approval of intradepartmental transfer.
3. Approval of revised salary schedule.
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 8.A.1, 2, & 3.
Vote: 4 - 0 - Unanimously
Discussion, consideration, and approval to appoint John Paul Sauceda as Deputy Constable by Constable Celestino Avila Jr, Constable Pct.1 in accordance with Texas Local Goverment Code Section 86.011.
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
Pursuant to the Hidalgo County Fuel Policy, requesting approval to reimburse Chief Deputy, Joel Rivera for the purchase of fuel in the amount of $148.80 for county vehicle unit #420, with authority for the County Treasurer's Office to issue payment/check after the Auditor's Office processing procedures are completed.
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
1. Authorization and approval to accept an extension for the 2010 Operation Stonegarden Grant (New termination date is 4/30/13).
2. Authorization and approval for County Judge, as authorized official, to sign required documents.
3. Authorization to de-obligate remaining amounts in twelve (12) of the participating cities and three (3) of the Hidalgo County Constable Precincts (PCT. 2, PCT. 3, and PCT. 4) and transferring of amounts to the 2010 Operation Stonegarden Sheriff's Office, PCT. 3 and PCT. 4 grant budgets.
| Alamo - $206.66 | Pharr - $5,377.63 |
| Alton - $14,509.52 | San Juan - $3997.15 |
| Donna - $16,162.10 | Sullivan City - $7,812.82 |
| Hidalgo - $5,074.66 | Weslaco - $32,542.59 |
| Mercedes - $3,506.71 | Pct. #2 - $4,365.90 |
| Mission - $3,163.98 | Pct. #3 - $2,208.77 |
| Palmview - $6,743.02 | Pct. #4 - $148.41 |
| Penitas - $120.59 |
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 items 10.A.1, 2 & 3.
Vote: 4 - 0
Surplus Property Program.
2. Authorization for the County Judge, as authorized official, to sign the required documents.
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote to approve items 10.B.1 & 2.
Vote: 4 - 0 - Unanimously
NO ACTION taken on this item.
NO ACTION taken on this item.
a. Approval to apply for a continuation of the Veterans Treatment Court Grant through Office of the Governor (Criminal Justice Division)
b. Approval of resolution to be designated the authorized official for the grant
2. DWI Court:
a. Approval to apply for the continuation of the DWI Court Grant through the Office of the Governor (Criminal Justice Division)
b. Approval of resolution to be designated the authorized official for the grant
3. Re-Entry Court Grant:
a. Approval to apply for a Re Entry Court Grant through the Office of the Governor (Criminal Justice Division)
b. Approval of resolution to be designated the authorized official for the grant
4. Intake Unit Grant:
a. Approval to apply for an Intake Unit Grant through the Office of the Governor (Criminal Justice Division)
b. Approval of resolution to be designated the authorized official for the grant
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 12.A.1, 2, 3 & 4.a & b.
Vote: 4 - 0 - Unanimously
1. Approval to accept the Safe Shelter grant on behalf of La Joya Independent School District (ISD) in the amount of $2,400,000.00 with a 25% match of $600,000.00 to be provided by La Joya ISD; this grant was awarded by the Federal Emergency Management Administration (FEMA) through the State of Texas Division of Emergency Management (TDEM).
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
2. Requesting approval to accept the Memorandum of Agreement (MOU) between Hidalgo County and La Joya ISD.
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, subject to going back to the La Joya I.S.D. for approval.
Vote: 4 - 0
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval, subject to legal review.
Vote: 4 - 0
2. Requesting Electronic Authorization for Reporting process between CHCSA and funding source.
On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Authorization and approval to transfer wireless device and continue wireless service through the County's membership/participation with CONTRACT: DIR-SDD-1779 for the following:
| Description: | Device: | Department Name: | Department Account Number: | Plan Description: | MDN: |
| Transfering From | Data Card | Executive Office | 3-1100-413-00-125-001-0-532 | Unlimited Data Plan | 956-310-1305 |
| Transfering To | Data Card | County Judge's Office | 3-1100-415-00-110-006-0-532 | Unlimited Data Plan | 956-310-1305 |
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
Authorization and approval to continue wireless service through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:
| Requisition No: | Wireless Device Type: | MDN: | Monthly Plan: | Employee No: | Employee Name: |
| 228256 | Cell Phone | 956-369-0823 | Nationwide Talk Small Business Share 1,400 mins @ $80.00 + $5.00 X 12months = $1,020.00 | 083909 | Ricardo Cuellar |
| 228256 | Cell Phone | 956-457-5627 | Nationwide Talk Small Business Share 1,400 mins @ $9.99 + $5.00 X 12months = $179.88 | 164313 | Eralio Palacios |
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
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
2. Authorization for Yvonne Ramón, Elections Administrator, to sign Notice of Intent to Participate.
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 of items 16.A.1 & 2, to apply for the Texas Secretary of State's Countywide Election Precinct Polling Place Program and to have Ms. Ramon sign the Notice of Intent to Participate.
Vote: 4 - 0 - Unanimously
Ms. Barbara Storz provided Commissioner Hector Palacios a certificate for his attendance in the Continuing Education Converence.
Presentation by Barbara Storz on the various garden classrooms that have been created for edcucational purposes.
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
1. Approval of certification of revenues as certified by the County Auditor for various TxDOT projects and the 10th St. project.
2. Approval of 2012 appropriation of funds for various TxDOT projects and the 10th St. project in the total amount of $2,969,497.16.
On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 19.A.1 & 2.
Vote: 4 - 0 - Unanimously
PROPOSED Name: Diego SR
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 to name as Diego Service Road as recommended by 9-1-1.
Vote: 4 - 0
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the appointment of Mr. Josue Reyes to the RMA Board of Directors.
Vote: 4 - 0
NO ACTION taken on this item.
Approval of 2013 appropriation of funds into Courthouse Security Fund (1241) in the amount of $1,500.00 to fund repairs of metal detector at Courthouse.
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
Approval of 2013 appropriation of funds into Justice Court Technology Fund (1242) in the amount of $410,492.91 to fund two phases of the Constable Automation Project.
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
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 22.A.1 & 2. a, b & 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: 4 - 0
b. Requesting authority to re-advertise and approval of procurement packet (i.e., specifications, requirements, legal notice and draft contract etc.,) "Pipes (Reinforced Polyethylene Pipe, Corrugated PVC Storm Sewer Pipes, Corrugated Steel Storm Sewer Pipe, Plumbing Pipes and Additional Miscellaneous Items)" RFB 2013-025a-02-27-YZV.
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
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
b. Requesting authority to advertise the Request for Proposals (RFP): “Vending Machine Services" (on an as needed basis) for Hidalgo County with approval of draft procurement packet (RFP No. 2013-000-00-00-SMA)
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
NO ACTION taken on this item.
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, subject to legal review.
Vote: 4 - 0 - Unanimously
Presentation by Martha Salazar.
a. Construction of the Renovations/Remodeling of the first and second floors of theformer Administration Bldg. located at 100 E. Cano, Edinburg, Texas through contractor, D. Wilson Construction and project architect, Alcocer/Garcia Associates Design Consultants; and/or
NO ACTION taken on this item.
b. Renovation of the former Hidalgo County Restitution Center located on Richardson/Schunior and M. Road for use by Precinct #4 and Others (as maybe determined);
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to move forward on the project.
Vote: 4 - 0
c. Nominations:
1.__Prodigy _______________________;
2.__GAS __________________________;
3.__Dannenbaum Engineering__________
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the Nominations as presented.
Vote: 4 - 0 - Unanimously
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
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., 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 23.A through E.
NO ACTION taken on this item.
NO ACTION taken on this item.
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 $1,500.00.
Vote: 4 - 0 - Unanimously
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 $150.00.
Vote: 4 - 0 - Unanimously
Valde Guerra explained that the appropriate paperwork has been attached with respect to the settlement, terms and conditions. It is also to include a payment in the sum of $15,000.00 to be made payable to the Law Office of Javier Pena and Maricela Gutierrez.
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 to include payment in the sum of $15,000.00 to be made payable to the Law Office of Javier Pena and Maricela Gutierrez.
Vote: 4 - 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. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to Adjourn.
Vote: 4 - 0 - Unanimously
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 5th day of February, 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 February 5, 2013.
Signed this 6th day of February 2013
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Priscilla Torres, Deputy