BE IT REMEMBERED, that on this 11th day of June 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 June 11, 2013 9:30 A.M. |
|
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 reciting the Pledge of Allegiance.
Virginia Townsend led the Court and Audience in Prayer.
The Court moved to approve the Consent Agenda.
The Court took up item 13 at this time.
-Opal Billman commented on her Divorce Case and who was awarded her property.
-Jose Pepe Saldana expressed concerns with the Vote Centers.
Karina Cardoza acknowledged the State Legislative Delegation members and then read the Resolution into the Record.
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
NO ACTION taken on this item.
Andrew Canon informed the Court that on July 15, 2013 they will be doing the I-69 unveiling of signs, etc.
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 changes by legal counsel.
Vote: 4 - 0 - Unanimously
On motion byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve the exemption as it pertains to item 21.D. -C-2749-13-G; Leihliana Ruelas and Deyanira Ruelas v. Hidalgo County Sheriff Department and Gilbert Flores.
Vote: 3 - 0 Unanimously
2. Requesting engagement with the firm of Willette, Guerra & Leads for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement
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 as it pertains to item 21.D. -C-2749-13-G; Leihliana Ruelas and Deyanira Ruelas v. Hidalgo County Sheriff Department and Gilbert Flores.
Vote: 3 - 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
Valde Guerra, Executive Officer, informed the Court that the Modulars are ready, but are awaiting to ask the city for the occupancy documents.
3) Emergency situations occurring since last agenda meeting
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 of approval in the amount of $40,000.00.
Vote: 4 - 0 - Unanimously
1. Biometric Electronic Clock Policy
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval, effective July 1, 2013.
Vote: 4 - 0
2. Outside Employment Policy
NO ACTION taken on this item.
3. Modified Policy on leave for FLSA Exempt Employees
NO ACTION taken on this item.
Requesting approval to process the following invoice as a claim, with authority for County Treasurer to issue payment after review, audit and processing procedures are completed by County Auditor:
| Vendor | Invoice # and date | Amount |
| Border Animal Hospital | #305136 - 9/17/12 | $ 408.50 |
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: 3 - 0 - Unanimously
Approval to renew Interlocal Agreements between Hidalgo County and the following school districts - (STOP Truancy Program) for the 2013-2014 school year:
1. La Joya I.S.D.
2. Mission C.I.S.D.
3. Sharyland I.S.D.
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 item 8.B.1, 2 & 3.
Vote: 3 - 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: 3 - 0
Account Number: Billing Date: Amount:
956-383-0373-003-3 3-19-2013 $1,766.68
956-383-0373-003-3 4-19-2013 $1,016.84
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: 3 - 0 - Unanimously
Eddie Olivarez informed the Court that they arewaiting to see if the hospital Fee Law gets approved and signed. Mr. Olivarez stated for the Record: We did receive the $7,022,937 which was multiplier that came from the Court for writting the plan.. and was received last week.
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: 3 - 0 - Unanimously
2. Approval of the Certification of Revenue as certified by the County Auditor.
3. Approval of the Budget Appropriation in the amount of $2,100.00.
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: 3 - 0 - Unanimously
2. Requesting approval to process partial payment of the following invoices pending resolution of charges dispute with AT&T.
| Vendor | Account No. | Billing Date | Amount of Invoice | Amount To Pay |
| AT&T | 956-787-1531-073-5 | 05/09/13 | $2,306.09 | $706.72 |
| AT&T | 956-843-7463-001-7 | 04/29/13 | $1,844.66 | $554.66 |
| AT&T | 956-262-1141-273-7 | 04/23/13 | $1,537.10 | 1,537.10 |
| AT&T | 956-383-0111-942-9 | 05/19/13 | $108.77 | $108.77 |
| Total | $2,907.25 |
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 item 10.D.1 & 2.
Vote: 3 - 0 - Unanimously
2. Requesting approval of the Certification of Revenue as certified by the County Auditor.
3. Requesting approval of the Budget Appropriation.
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 item 10.E.1, 2 & 3.
Vote: 3 - 0
1. Discussion, consideration and approval to create the following temporary full time position not to exceed six (6) months:
| Slot No. | Position Title | Budgeted Salary/Rate of Pay |
| T096 | Office Clerk | $9,360.00 Per Year/ $9.00 per Hour |
2. Approval of intradepartmental transfer.
3. Approval of revised salary schedule.
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 11.A.1, 2 & 3.
Vote: 3 - 0
1. Approval of the following personnel actions:
| Action | Position Title | Slot # | Budget Salary |
| Delete | Maintenance I | 005-0059 | $28,840.00 |
| Create | Receptionist/Clerk | 005-0097 | $28,000.00 |
2. Approval of revised salary schedule.
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 item 11.B.1 & 2.
Vote: 3 - 0
NO ACTION taken on this item.
Commissioner Hector Palacios joined the meeting.
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
On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval, subject to legal review.
Vote: 4 - 0
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
Diana Serna informed the Court that they were provided an additional $20,000.00 when the department was lead to believe that the state would be cutting their funds by 5%.
Ms. Serna is recommending that the Court provide it back to the communities they took it from (precincts & cities) Ms. Serna for the Record: The allocation prior to the award of the funding was $9,536,563 and after the substancial agreement $9,911,988.
Judge Garcia Opened the Public Hearing.
There being no one come forward, Judge Garcia closed the Public Hearing.
2. Requesting approval of a Substantial Amendment for Hidalgo Urban County Program Fiscal Year 26 (2013) Annual Action Plan. The proposed substantial amendment is required due to final funding allocation being released by Congress. The Annual Action Plan was originally submitted to the Housing and Urban Development HUD office on May 10, 2013 with preliminary numbers.
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 submission of the substantial agreement.
Vote: 4 - 0
Mrs. Ramon informed the Court that she had been meeting with various commissioners, joining school board meetings, etc, but is still pending a few visits with other entities. She discussed the June 28, 2013 and September 21, 2013 deadlines.
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, subject to corrction to read Hidalgo County and not Hidalgo County Drainage District.
Vote: 4 - 0 - Unanimously
a. Los Vientos Estates Subdivision – Pct. 4 (Kathryin I. East)
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. Mirage Ranches Subdivision – Pct. 4 (Richard Garza)
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. Final Approval
a. Aza Subdivision – Pct.1 (Jose Cruz Aza)
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. 1 A.C. CUELLAR, JR., seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Approval to process payment of invoice #13107155 from Atomic Energy Industrial Laboratories as a claim with authority for County Treasurer to issue payment after review and auditing procedures are completed by the County Auditor as follows:
| Company | Invoice # | Invoice Date | Amount |
| Atomic Energy Industrial Laboratories | 13107155 | March 31, 2013 | 104.10 |
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
Approval of 2013 appropriation of funds from Pct.# 2 RD MAINT unreserved fund balance into Precinct No. 2 Road Maintenance - other (program 006) in the amount of $800,000.00.
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 19.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 to approve the exemption.
Vote: 4 - 0 - Unanimously
b. Presentation of scoring grid (for the purpose of ranking by CC) of the firms graded & evaluated through the County’s approved “pool” in connection with professional engineering services required for Projects (on an as needed basis) for "On Call Services-MPO and HCRMA , Traffic Studies County Wide Projects.
| TEDSI Infrastructure | L&G Engineering | Cortran Engineering | |
| Evaluator 1 | 95 | 94 | 97 |
| Evaluator 2 | 97 | 91 | 98 |
| Evaluator 3 | 80 | 100 | 88 |
| Evaluator 4 | 86 | 100 | 82 |
| Evaluator 5 | 98 | 95 | 98 |
| Average | 91.2 | 96 | 92.6 |
| Ranking | 3 | 1 | 2 |
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.
Vote: 4 - 0 - Unanimously
c. Authority for the Purchasing Department to negotiate a professional services contract with No. 1 ranked firm of __________________________for the provision of "On call -Project - MPO and HCRMA, Traffic Studies" County Wide Projects
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. 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 of approval.
Vote: 4 - 0 - Unanimously
| Invoice Date | Invoice # | Vendor | Amount | Account # |
| 3/25/13 | E426693 | Escobar's Auto Electric Inc. | $89.90 | 3-1200-431-00-121-005-0-432 |
| Total | $89.90 | |||
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
|
|
Description
|
Qty
|
Total
|
Vendor:
|
Thru Co-op Awarded Contract
|
|
1
|
One New Doosan DL-250 Loader
|
1
|
$161,107.76
|
H & V Equipment, Inc.
|
Buy Board
Contract # 345-10
|
|
2
|
One New Doosan DX-490LC Hydraulic Excavator
|
1
|
$495,487.00
|
H & V Equipment, Inc.
|
Buy Board Contract # 345-10
|
|
3
|
One Cat Model CT660 Dump Truck
|
1
|
$118,753.00
|
Holt Texas, LTD DBA Holt Cat
|
National Joint Powers Alliance Contract # 060311-CAT (Gov-11-NJPA)
|
Marty clarified that the One New Doosan DX-490LC Hydraulic Excavator should read $395,487.00 and not as posted on the Agenda.
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, with correction.
Vote: 4 - 0
| Asset Number | Description | Serial Number |
| 13-0371 | Total of 65 - Large Metal Boxes (15 x 11 x 17) | N/A |
| 13-0372 | Total of 6- Small Metal Boxes (13 1/2 x 8 1/2 x 8 1/2) | N/A |
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. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 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:
On motion by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval to go into Closed Session.
Vote: 4 - 0 - Unanimously
NO ACTION taken on items 20.A through G.
Commissioner Joseph Palacios is away from the Court.
NO ACTION taken on this item.
NO ACTION taken on this item.
Proceed as directed.
C-2749-13-G; Leihliana Ruelas and Deyanira Ruelas v. Hidalgo County Sheriff Department and Gilbert Flores
Refer to item 7.A.1 & 2.
Valde Guerra informed the Court that the Office of Ms. Josephine Ramirez would be facilitating this suit.
On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, , the Court made a UNANIMOUS vote to approve the offer in the amount of $10,500.00.
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 the offer in the amount of $1,820.00.
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.
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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 11th day of June , 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 June 11, 2013.
Signed this 12th day of June 2013
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Priscilla Torres, Deputy