BE IT REMEMBERED, that on this 12th 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 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 February 12, 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.
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.
-Opal Billman discussed her false imprisonment.
-Virginia Townsend discussed the possibility of hiring a county engineer and rail permit.
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption as it pertains to CL-13-0324-E; Lidia Flores v. Hidalgo County, David Esquivel and Sylvia Esquivel.
Vote: 5 - 0 - Unanimously
2. Requesting engagement with the firm of Atlas & Hall & Rodriguez for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve as it pertains to CL-13-0324-E; Lidia Flores v. Hidalgo County, David Esquivel and Sylvia Esquivel.
Vote: 5 - 0 - Unanimously
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 explained to the Court as to why they were behind on construction of the Portable Buildings and discussed move in timeframes.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
2. Approval to authorize Guadalupe Trevino, Hidalgo County Sheriff, 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. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Requesting approval of claim/invoice #2079 from Leonel Garza, Jr. & Associates, LLC as permitted under Contract #C-12-085-03-27, inasmuch Auditor historically had paid these services without a purchase order; in the amount of $1,300.00 in connection with condemnation hearing testimony on Mile 2 West Rd. Phase 2 Project parcel #106 with authority for the County Treasurer to issue payment/check after review, audit, and processing procedures are completed by the County Auditor.
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
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 reschedule next week's Commissioners' Court for Friday, February 15, 2013 @ 1:00 p.m.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
NO ACTION taken on this item.
Eden read the Resolution into the Record.
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 Resolution.
Vote: 5 - 0 - Unanimously
Karina Cardoza read the Resolution into the Record.
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: 5 - 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 the re-appointment of Alonzo Cantu.
Vote: 5 - 0 - Unanimously
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
Robert Villareal and Yolanda Chapa attended a meeting in Austin in which the Govenor addressed the briefing stating that he would push legislature to use 3.7 billion of the Rainy Day Fund for infrastructure (which includes transportation and water projects) and that he was looking to end a version of the gas tax (approximately 1.3 billion a year).
1. Approval of the following salary adjustments:
| Action | Slot No. | Position Title | Current Budgeted Salary |
Proposed Budgeted Salary |
Total Adjustment |
| Salary Increase | 0003 | Court Coordinator | $ 56,650.00 | $ 63,000.00 | $ 6,350.00 |
| Salary Decrease | 0004 | Asst. Court Coordinator | $ 46,350.00 | $ 40,000.00 | $ (6,350.00) |
2. Approval of revised salary schedule.
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 8.A.1 & 2.
Vote: 5 - 0 - Unanimously
Discussion, consideration and action on appointment/reappointment to Civil Service Commission Board to fill two (2) vacancies.
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 the appointment of Aurora Zamora (Co. Judge) and Sylvestre Rodriguez (Pct. 2).
Vote: 5 - 0 - Unanimously
NO ACTION taken on this item.
NO ACTION taken on this item.
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
2. Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) engineering firms from the County’s approved “pool” as graded and evaluated by the Hidalgo County Precinct No. 4, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 25 (2012) Precinct No. 4 Street Improvement funds.
| Professional Service Firm | Grade | Ranked |
| Dos Logistics, Inc. | 96.34 | 1 |
| Quintanilla, Headley & Associates | 93.67 | 2 |
| Perez Consulting Engineers | 92.34 | 3 |
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
3. Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Dos Logistics, Inc. for the provision of engineering services for an Urban County Program Year 25 (2012) Precinct No. 4 Street Improvements project located on Moises Flores Street, (from Sunflower Road to FM 493).
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
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve with correction to read Pct. 2 Certificate of Obligation 1342 Funds.
Vote: 5 - 0 - Unanimously
2. Consideration and approval to authorize the County Judge to sign any and all documents associated with Change Orders/ and or Amendments pertaining to GLO Contract No. 10-5066-000-5043.
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
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 Resolution.
Vote: 5 - 0 - Unanimously
2. Approval of Project under the Interlocal Agreement with the City of Peñitas for installation of culvert pipes in Upper Valley Estates in accordance with Texas Government Code Section 791.014.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 13.A.1 & 2.
Vote: 4 - 0 - Unanimously
a. Discussion and possible action to grant a variance request to the Hidalgo County Subdivision Rules:
Appendix (5) Section 3.4 Drainage Requirements for proposed Sharyland ISD Pioneer High School
Subdivision.
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 - Unanimously
b. Discussion and possible action to grant a variance request to the Hidalgo County Subdivision Rules:
Appendix (5) Section 2.4.2 Road, Drainage and General Utility Construction Specifications for proposed
Aurora Valley Phase 2 Subdivision.
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
2. Development Permit Request
a. Discussion and Possible action to allow a conditional development permit for the construction of
Sharyland ISD Pioneer High School
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
1. Approval of the following personnel actions:
| Action | Pgm. | Slot No. | Position Title | Budgeted Salary |
| Delete | Administration | 0010 | Clerk IV | $38,110.00 |
| Create | Rd. Maintenance | 0132 | Construction Inspector | $38,110.00 |
2. Approval of interdepartmental transfer.
3. Approval of revised salary schedules.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 14.A.1, 2 & 3.
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 by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve the appointment of yolanda Olivarez.
Vote: 4 - 0 - Unanimously
| Vendor | Invoice # | Date | Amount |
| Mobile Relays Partners, LTD | AIR0030994 | 01/01/13 | $865.90 |
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 3 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
2. Authority for County Judge to sign the following Advance Funding Agreements on the above mentioned project.
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
3. Approval of 2013 interfund transfer from Pct.2 Rd. Maintenance (1200) to TxDOT Project (1315) in the total amount of $44,169.00 to fund initial payment by the County to the State.
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 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. Approval of certification of revenues as certified by the County Auditor for Pct. 1 Drainage Improvement Project labor reimbursements.
b. Approval of 2012 appropriation of funds for the Pct. 1 Drainage Improvement Project (program 052) in the amount of $38,562.22 to fund payroll expenditures.
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 17.C.1.a & b.
Vote: 4 - 0 - Unanimously
a. Approval of Certification of Revenues as certified by the County Auditor for Pct. #4 Drainage Improvement Project Labor Reimbursements.
b. Approval of 2012 appropriation of funds for Pct. #4 Drainage Improvement Project (program 036) in the amount of $29,750.29 (Labor Reimbursements - December 2012).
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 items 17.C.2.a & b.
Vote: 4 - 0 - Unanimously
b. Approval to reset the salary for the following positions in accordance with the Law Enforcement/ Constable's pay plan:
| Dept. | Slot No. | Current Position Title |
Proposed Position Title |
Current Budgeted Step |
Proposed Budgeted Step |
Effective Date |
| 280-001 | 0032 | Sergeant Step II | Sergeant Step III | S2 | S3 | 02/05/2013 |
| 293-001 | 0016 | Deputy Constable Step I | Deputy Constable Step II | S1 | S2 | 01/01/2013 |
c. Approval of transfer.
d. Approval of revised salary schedules.
On motion by COMMISSIONER, PCT. 3 JOE M. FLORES, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve items 17.D.1.a, b, c & d.
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 18.A.1 & 2.a, b & c.
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of professional engineering services, for Construction Materials Testing Services (on call ) for Precinct No. 3
| Evaluator | Professional Services Industries | L&G Engineering | Millennium Engineering Group |
| Evaluator 1 | 94 | 100 | 92 |
| Ranking | 2 | 1 | 3 |
On motion byCOMMISSIONER, PCT. 3 JOE M. FLORES, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the scores in the order of the grades.
Vote: 5 - 0 - Unanimously
c. Authority for the Purchasing Department to negotiate a professional engineering services contract with the No. 1 ranked firm of L&G Engineering for: the provision of professional engineering services, for Construction Materials Testing Services (On Call) for Precinct No. 3.
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
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
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms nominated, graded and evaluated through the County’s approved “pool” of professional architectural services, for the design and construction of the new San Carlos Community Resource Center facility/building located in Pct No. 4;
| Total Scores | Mata & Garcia Architects | EGV Architects | Dannenbaum |
| Evaluator 1 | 98 | 95 | 94 |
| Ranking | 1 | 2 | 3 |
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve in the order of the scores.
Vote: 5 - 0 - Unanimously
c. Authority for the Purchasing Department to negotiate a professional architectural services contract with the No. 1 ranked firm of Mata & Garcia Architects for: the provision of professional architectural services in connection the design and construction of the new San Carlos CRC facility/building located in Pct No. 4.
On motion by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to go into Closed Session.
Vote: 5 - 0 - Unanimously
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 19.A.through I.
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. 3 JOE M. FLORES, the Court made a UNANIMOUS vote to approve the settlement offer in the amount of $1,415.41.
Vote: 5 - 0 - Unanimously
Valde Guerra, Executive Officer, informed the Court that this item is being assigned to Ms. Josie Ramirez, with the District Attorney's Office, for processing.
Valde Guerra, Executive Officer, informed the Court that this item is being assigned to Ms. Josie Ramirez, with the District Attorney's Office, for processing.
Valde Guerra, informed the Court that here is no further action to be taken on this issue.
Refer to items 6.A.1 & 2.
Proceed as directed.
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 proceed as directed.
Vote: 5 - 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. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 3 JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 12th 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 12, 2013.
Signed this 12th 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