BE IT REMEMBERED, that on this 23rd day of April A.D., 2013, there was begun and held a REGULAR 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 April 23, 2013 9:30 A.M. |
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NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR 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 Joseph Palacios.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
Judge Garcia led the Court and Audience in Prayer.
The Court moved to approve the Consent Agenda.
-Beth Barnes addressed safety in Public Schools.
-Fern McClaugherty questioned travel arrangements for various departments and taxes by various entities.
-Elda Gonzalez (LUPE) commented on the installation of public lighting in the colonias.
-Frank Traver discussed punctuality.
-Commissioner Hector Palacios made some clarifications in reference to punctuality of the Court.
-Opal Billmane expressed concerns on the interpretation of the law, divorce settlement and her false imprisonment.
Rick Alvarez informed the Court that HB1426 (Appointment of County Auditor) and SB 170 (Building Code Standards) that are before Legislature and may affect the County.
Raul Sesin discussed HB 611 as it pertained to Earnest Money contract, 90 day cure and possible changes/corrections on the Administrative errors.
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: 3 - 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
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.
Requesting permission to allow Emilio De Los Santos and 2 staff members to travel to San Antonio, Texas to attend the Texas Veterans Commission 2013 Spring Training Conference on May 20-23, 2013 (TVC will pay for lodging and food expenses)
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: 3 - 0 - Unanimously
1. Requesting permission to allow Barbara Storz travel to Galveston, Texas on April 30, 2013 through May 3, 2013 to attend the Professional Development Seminar & Program Conference.
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Requesting permission for agents, Barbara Storz, Brad Cowan, Adelita F. Munoz and Christina L. Perez travel to South Padre Island, Texas on May 14-16, 2013 to attend the District 12 Spring Faculty Meeting.
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: 3 - 0 - Unanimously
Requesting approval for Darlene H. Betancourt and Leticia H. Saenz to attend the 2013 Lone Star Conference (Hosted by: SAPPA ) Public Purchasing Association on May 1- 3, 2013 in San Antonio, Texas.
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: 3 - 0 - Unanimously
Requesting permission to allow Wesley Bradley, Chief Deputy, to attend the 2013 IAAI Annual Training Conference in Orlando, Florida on May 5-10, 2013.
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: 3 - 0
Requesting permission/approval of travel for Armando Guzman and Rene Parrao to attend the OSH502 90 - Update for Construction Industry Outreach Trainers Course to be held in San Antonio, Texas on June 24-26, 2013.
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: 3 - 0 - Unanimously
Requesting approval to process payment of the following invoices as claims to Slik Pitt Wash And Lube, with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor
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: 3 - 0 - Unanimously
Norma Garcia, County Treasurer and Rene Guerra, District Attorney, informed the Court that some employees were overpaid through Longevity pay. Annette Muniz, County Clerk's Chief Deputy, explained that an employee in her department was also overpaid, but felt that the employee should be given the opportunity to repay in installments. Sergio Cruz, Budget Officer, expressed that he didn't believe that the monies could be placed back into the employee's account once the monies is taken. Mr. Cruz discussed the possibility of amending the Longevity Policy for future instances
2. Discussion and possible action on Hidalgo County Wage Deduction Authorization Agreement
Judge Garcia asked Mr. Cruz that he bring back a policy that will address this issue in the future
NO ACTION taken on items 9.A.1 & 2.
NO ACTION taken on this item.
Commissioner Flores stepped away.
Eddie Olivarez provided the Court information on the UTPA Conference.
| Vendor | Account No. | Billing Date | Amount |
| AT&T | 956-383-0111-942-9 | Mar 19, 2013 | $100.93 |
| AT&T | 956-843-7463-001-7 | Mar 29, 2013 | $1,702.55 |
| AT&T | 956-262-1141-273-7 | Mar 23, 2013 | $3,123.21 |
| Total | $4,926.69 | ||
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: 3 - 0 - Unanimously
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: 3 - 0
NO ACTION taken on this item.
Mr. Montoya provided the Court an update on water shortage, how it's affecting Donna and the rest of the County.
Authorization and approval to purchase new wireless devices and service through the County's membership/participation with CONTRACT: DIR-SDD-1779 with awarded vendor VERIZON WIRELESS for the following:
| Requisition#: | Description: | Monthly Plan: | Equipment Cost: | Employee Name: | Accessories: |
| 232721 | Data Card | 4G Unl. Mobile Broadband Plan @ $37.99 X 20 (data cards) X 9/mo (April-Dec.2013) = $6,838.20 | VZW MIFI4620L @ $0. | Office Use | VPC(one time cost car chargers) @ $19.49 X 20 = $389.80 |
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: 3 - 0 - Unanimously
| Vendor Name | Inv. Date | Invoice No. | Amount |
| McCreery Aviation Co., Inc. | 10/25/12 | 2012-263427(Nov.) | $50.00 |
| McCreery Aviation Co., Inc. | 11/25/12 | 2012-265428(Dec.) | $50.00 |
| McCreery Aviation Co., Inc. | 12/25/12 | 2012-267690(Jan.) | $50.00 |
| McCreery Aviation Co., Inc. | 01/25/13 | 2013-269504(Feb.) | $50.00 |
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: 3 - 0 - Unanimously
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: 3 - 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.
Vote: 3 - 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 to approve the list, including new members Mario Garcia, Don Medina, Sylvia Cruz, Joel Valdez, Hilda Pedraza, Annette Villareal, Elizabeth Walker and Lauro Torres.
Vote: 3 - 0
Presentation made by Ms. Flores.
NO ACTION taken on this item.
Presentation by Ms. Flores.
NO ACTION taken on this item.
Presentation by Ms. Flores.
NO ACTION taken on this item.
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: 3 - 0 - Unanimously
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: 3 - 0 - Unanimously
NO ACTION taken on this item.
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: 3 - 0 - Unanimously
| Texas Regional Properties: | |
| Donna IV H/S Center | Mercedes II H/S Center |
| Edinburg III H/S Center | Mission III H/S Center |
| La Herencia H/S Center | Mcallen VI H/S Center |
| Las Milpas I H/S Center | Mcallen IV H/S Center |
| Mission IV H/S Center |
| Guillermina Garcia: |
| Weslaco III H/S Center |
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 the one year extension for all items listed under 16.H.
Vote: 3 - 0 - Unanimously
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: 3 - 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.
Vote: 3 - 0 - Unanimously
| Vendor | Invoice # | Date | Amount |
| L&G Consulting Engineers | 11324402 | 03-31-2013 | $84,375.62 |
| L&G Consulting Engineers | 11324401 | 03-31-2013 | $50,185.60 |
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: 3 - 0 - Unanimously
1. Approval to accept the revised agreement for FM 493 (from US Bus. 83 to US 281) from TXDOT and rescind prior agreement. This revised agreement will decrease the local participation rate from 10% to 1.2%. Ref: ROW CSJ-0863-01-057 and Construction CSJ-0863-01-047
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Approval to submit payment to TXDOT in the amount of $17,778.00, with authority for the County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Board made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
3. Approval of Second Amendment and Restatement of Interlocal Cooperation Agreement between the County of Hidalgo and City of Donna, Texas concerning certain improvements to FM 493 from Champion St. south to US Highway 281.
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, subject to legal review.
Vote: 3 - 0 - Unanimously
a. Approval to authorize clothing allowance as follows, effective 01/01/13.
| Slot No. |
Position Title | Allowance | Budgeted Amount |
| 0028 | Sergeant (Step I) | Clothing | $500.00 |
| 0052 | (Sr.) Deputy Sheriff (Step II) | Clothing | $500.00 |
c. Approval of revised salary schedule.
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 20.B.1.a, b & c., effective April 23, 2013.
Vote: 3 - 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 21.A.1 & 2.a, b & c.
b. Acceptance of final negotiated rates, fees, terms and conditions, award, and/or approval of the final negotiated Hidalgo County Depository Bank and/or Remittance Processing (Lockbox) with if applicable, Trust and/or Other Related Service Agreements with Lone Star National Bank, with the effective date upon expiration of current agreement and expiring on Commissioners Court May term of________________ ; or in the alternative,
c. Recommendation to cease negotiations with Lone Star National Bank, Pharr, Texas and re-advertise pursuant to Chapter 116, Texas Local Government Code, for the selection of a County Depository Bank as other ranked Banks do not meet all requirements set forth by Hidalgo County with current depository bank remaining as such until new bank is selected and permitted by statute.
NO ACTION taken on items 21.A.3.a, b & c.
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. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to go into Closed Session.
Vote: 3 - 0 - Unanimously
NO ACTION taken on items 22.A through F.
NO ACTION taken on this item.
NO ACTION taken on this item.
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 in the amout of $1,896.74.
Vote: 3 - 0
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 in the amount of $4,858.20.
Vote: 3 - 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 to approve in the amount of $750.00.
Vote: 3 - 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 to approve in the amount of $720.00.
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.
Judge Garcia announced that Govenor Rick Perry ordered that flags be flown at half staff on March 25, 2013 in honor of the lives lost in West Texas last week.
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 to Adjourn.
Vote: 3 - 0
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 23rd day of April, 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 April 23, 2013.
Signed this 23rd day of April 2013
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Priscilla Torres, Deputy