BE IT REMEMBERED, that on this 18th 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 18, 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 Hector Palacios. Commissioner Palacios joined the meeting shortly after.
Seargent Benito Alaniz, with the VFW Post 7473 in Elsa, led the presentation of the colors of the flag.
Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
The Court then proceeded with items 9.A. and 6.B.
Virginia Townsend led the Court and Audience in Prayer.
The Court moved to approve the Consent Agenda.
Opal Billman discussed her Court case, beneficiary of property and being imprisoned on her property.
Rick Alvarez, with the County Judge's Office, informed the Court that HB 2094 pertaining to Roadside Vendors was signedby the Govenor.
Virginia Townsend would like to see SB 5, pertaining to Abortion Clinics, become more of a priority.
Karina Cardoza read the Resolution into the Record.
On motion by COMMISSIONER, PCT. 2 HECTOR PALACIOS, seconded by COMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Jaime Longoria stated that this form has been placed on-line and has Roland Garcia and himself as Point of Contacts, with Judge Ramon Garcia as Head of Organization.
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 to approve the exemption as it pertains to Civil No. 7:13-cv-00282; Benito Gutierrez v. Hidalgo County, Hidalgo County Irrigation District & A.C. Cuellar, Jr.
Vote: 4 - 0
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 byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve as it pertains to Civil No. 7:13-cv-00282; Benito Gutierrez v. Hidalgo County, Hidalgo County Irrigation District & A.C. Cuellar, Jr.
Vote: 4 - 0
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 they have installed the piers for cameras and lights, gates, and are working on getting their temporary occupancy permit. The possibility of having a roving court was also discussed.
3) Emergency situations occurring since last agenda meeting
NO ACTION taken on this item.
Requesting approval to pay the following claim/invoice with authority for County Treasurer to issue check after review and auditing procedures are completed by the County Auditor:
| Vendor Name | Invoice# | Date | Amount |
| Video Sound & Light Enterprises | 13-0905 | 5-10-13 | $244.60 |
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, subject to services being rendered due to work stoppage.
Vote: 3 - 0
1. Approval to create the following full time positions:
| Slot # | Position Title | Budgeted Salary |
| 0076 | Deputy District Clerk I | $26,014.00 |
| 0077 | Deputy District Clerk I | $26,014.00 |
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 9.A.1, 2 & 3.
Vote: 4 - 0 - Unanimously
1. Approval of the following personnel actions:
| Slot # |
Position Title | Action | Budgeted Salary |
Proposed Salary |
Difference |
| 0009 | Computer System Administrator | reduce budgeted salary & remove auto allowance |
$49,264.00 $1,500.00 |
$40,000.00 -0- |
($9,264.00) ($1,500.00) |
| 0024 | Deputy Clerk II | reduce budgeted salary | $36,020.00 | $26,020.00 | ($10,000.00) |
| 0008 | Accountant IV | salary increase | $52,002.00 | $54,002.00 | $2,000.00 |
| 0128 | Administrative Assistant III | salary increase & add auto allowance |
$32,960.00 -0- |
$34,005.00 $1,500.00 |
$1,045.00 $1,500.00 |
| 0018 | Deputy Clerk III | salary increase | $40,347.00 | $42,566.00 | $2,219.00 |
| 0057 | Deputy Clerk I | salary increase | $27,213.00 | $29,213.00 | $2,000.00 |
| 0084 | Deputy Clerk I | salary increase | $26,014.00 | $28,014.00 | $2,000.00 |
| 0088 | Deputy Clerk I | salary increase | $26,014.00 | $28,014.00 | $2,000.00 |
| 0096 | Deputy Clerk I | salary increase | $26,014.00 | $28,014.00 | $2,000.00 |
| 0100 | Deputy Clerk I | salary increase | $26,014.00 | $28,014.00 | $2,000.00 |
| 0117 | Deputy Clerk I | salary increase | $26,014.00 | $28,014.00 | $2,000.00 |
| 0133 | Deputy Clerk I | salary increase | $26,014.00 | $28,014.00 | $2,000.00 |
2. Approval of revised salary schedule.
During discussion, Sergio Cruz, Budget Officer, explained that the Financial Policy was approved, subject to legal review and went on to explain concerns in which they had.
NO ACTION taken on items 9.B.1 & 2.
Commissioner Hector Palacios stepped away.
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
| Invoice Date | Amount |
| January 29, 2013 | $1,295.00 |
| February 22, 2013 | $2,220.00 |
| March 19, 2013 | $2,035.00 |
| April 2, 2013 | $ 925.00 |
| April 19, 2013 | $ 370.00 |
| May 11, 2013 | $1,295.00 |
| May 21, 2013 | $ 925.00 |
| May 23, 2013 | $2,220.00 |
| Total | $11,285.00 |
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
| VENDOR | INVOICE # | DATE | AMOUNT |
| O'REILLY'S | 1582-368703 | 4-08-13 | 38.18 |
| 1582-369770 | 4-12-13 | 79.76 | |
| 1582-369739 | 4-12-13 | 79.60 | |
| 1582-370421 | 4-15-13 | 123.92 | |
| 1582-370670 | 4-16-13 | 159.99 | |
| 1582-371563 | 4-19-13 | 86.34 | |
| 1582-372346 | 4-23-13 | 79.60 | |
| 1582-372608 | 4-24-13 | 37.36 | |
| 1582-372784 | 4-25-13 | 79.76 | |
| VENDOR | INVOICE # | DATE | AMOUNT |
| AUTOZONE | 1392625967 | 1-03-13 | 38.79 |
| 1392626718 | 1-04-13 | 11.98 | |
| 1392637807 | 1-23-13 | 28.71 | |
| 1392643327 | 2-01-13 | 34.99 | |
| 1392701956 | 4-24-13 | 31.62 |
| VENDOR | INVOICE # | DATE | AMOUNT |
| AUTOZONE | |||
| (partial invoice amount considered "open market items") | 1392637341 | 1-22-13 | 121.17 |
| 1392637799 | 1-23-13 | 150.94 |
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
1. Approval for requisition #237885 for 93 Data Link Hosted Access for Vehicle Modems ($47.99 each per month) for six months.
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
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
NO ACTION taken on this item.
Joe Barrera, Executive Director to the RGV Water Authority, explained that even though our water levels are not as low as last year, he ask that the various cities in the County work together in attempts to alleviate the water issues. In efforts to alleviate the water deficit owed by Mexico, Mr. Barrera asked that everyone log on to http://www.texansfortreatycompliance.org/p/sign-petition.html and sign the petition asking President Obama to step in and help resolve the matter of the 1944 Water Treaty.
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. Approval of Service Agreement/Application and Service Agreement with the City of Mcallen Public Works to initiate solid waste collection services at 9805 N. 10th St., McAllen, Texas with authority for Executive Officer to sign documents
Commissioner Hector Palacios joined the meeting.
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 14.A.1 & 2., subject to changes by the District Attorney's Office.
Vote: 4 - 0
| Vendor | Invoice Number | Invoice Date | Amount |
| DELL Marketing L.P. | XJ1WNRF48 | 12/05/2012 | $1,427.35 |
| DELL Marketing L.P. | XJ1DD8K83 | 11/16/2012 | $513.42 |
| DELL Marketing L.P. | XJ27N7MJ9 | 12/21/2012 | -$1,317.36 |
| DELL Marketing L.P. | XJ2FNNTJ6 | 01/07/2013 | $1,317.36 |
| Total: | $1,940.77 |
NO ACTION taken on this item.
| Invoice Date | Invoice # | Vendor | Amount |
| 04/03/2013 | 803358989 | AT & T Long Distance | $214.11 |
| 05/03/2013 | 803358989 | AT & T Long Distance | $280.32 |
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
| Account No. | Vendor | Amount | Billing Date |
| 956381-04447233 | AT&T | $325.96 | 04/09/13 |
| 956381-04447233 | AT&T | $91.57 | 05/09/13 |
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
Treasurer to issue check for auditing procedures are completed by County Auditor.
| Vendor | Acct.# | Billing Date | Amount |
| ATT | 956-783-7251 | May 03-June 02, 2013 | 31.02 |
| ATT | 956-783-5471 | May 03-June 02, 2013 | 45.49 |
| ATT | 956-381-8620 | May 09-June 08, 2013 | 626.71 |
| ATT | 956-318-1609 | May 09-June 08, 2013 | 87.45 |
| ATT | 956-581-9768 | May 11-June 10, 2013 | 29.15 |
| ATT | 512-A37-6040 (14 accounts) |
May 13-June 12, 2013 | 1,932.26 |
| ATT | 956-702-7740 | May 13-June 12, 2013 | 58.30 |
| ATT | 956-519-8551 | May 23-June 22,2013 | 31.20 |
| ATT | 956-519-7161 | May 23-June 22,2013 | 31.20 |
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. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Commissioner Joseph Palacios stepped away.
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. (1) Unit in the City of Mercedes and (1) unit in the City of Granjeno in the amount of $99,360.00 to G & G Contractors.
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 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, subject to legal review.
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
Ms. Yvonne Ramon requested NO ACTION taken as it pertains to the Vote Centers in order to have more time to survey voters and political subdivisions.
Ms. Ramon also commented that HB 2475, pertaining to the Voter's Oath, was signed by Govenor.
Commissioner Joseph Palacios joined the meeting.
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
Commissioner Joseph Palacios for the Record: Initially, McAllen Independent School District was getting bids somewhere around $700,000.00. We managed to do it with our crews for a savings of over $300,000.00. The school district will be reimbursing the county, both labor and equipment...and materials.
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 with the Interlocal Agreement effective on June 18, 2013.
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 to keep the Budget Officer as the contact person and the fiscal officer.
Vote: 4 - 0 - Unanimously
1. Public Hearing on the FY 2013 Edward Byrne Justice Assistance Grant (JAG) Program Application/Strategies/Narrative.
Judge Garcia Opened the Public Hearing.
Sergio Cruz informed the Court that the monies received would be used to fund the positions of this Court.
There being no one else come forward, Judge Garcia Closed the Public Hearing.
2. Discussion, consideration, review, and approval of the program application/strategies/narrative of the FY 2013 Edward Byrne Justice Assistance Grant.
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
1. Approval of certification of revenues, as certified by the County Auditor, for 2012 capital lease expenditures.
2. Approval of 2012 appropriation of revenues and expenditures in the total amount of $654,878.23 to fund capital lease expenditures (agreements) for WIC Adm.
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
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 23.A.2.a, b & c.
B. Requesting authorization to remove said assets from Hidalgo County Inventory List
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 23.A.3.A & B.
Vote: 4 - 0
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 legal review.
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 to approve the exemption.
Vote: 4 - 0
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 appraisal services for (on call and as needed basis) for Precinct No.2
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 2 HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0
In response to the Court's concerns of the scoring grid, Ms. Salazar stated for the record that the participating venders were:
HLH @ 89
Leonel Garza, Jr. @ 97
Professional Appraisal Services @ 94
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote to approve in the order of their scores.
Vote: 4 - 0
c. Authority for the Purchasing Department to negotiate a professional (Appraisal Services) contract with the No. 1 ranked firm of Leonel Garza, Jr. for: the provision of professional appraisal services for (on call and as needed basis) for Precinct No. 2
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
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. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to go into Executive Session.
Vote: 4 - 0 - Unanimously
NO ACTION taken on items 24.A through D.
NO ACTION taken on this item.
NO ACTION taken on this item.
Proceed as directed.
Refer to item 7.A.1 & 2.
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed
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 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 18th 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 18, 2013.
Signed this 18th 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