BE IT REMEMBERED, that on this 30th day of July 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 July 30, 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 reciting the Pledge of Allegiance.
Virginia Townsend led the Court and Audience in Prayer.
The Court moved to go into Closed Session.
The Court moved to approve the Consent Agenda.
-Fern McClaugherty discussed the creation of various positions for the Tax Office.
-Opal Billman talked about her property, results of her court case, etc.
-Neff and Chris Yanez invited the Court and Audience to the McAllen Convention Center on August 2 & 3 to worship God.
Judge Garcia stepped away from the Court and Commissioner Hector Palacios presided.
Mike Lopez and other members of the Hidalgo County Housing Authority were recognized for their client services.
The Court recognized Erin Guerra for her outstanding achievements and participation with the Environmental Compliance Department in Hidalgo County.
Ms. Ortega and other members of the Hidalgo County Historical Commission were recognized by the Court.
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
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.
Valde Guerra, Exexcutive Officer, notified the Court that the County Clerk's Office may keep records in electronic form.
Presentation by John David Franz.
O'reilly Auto Parts
| Invoice # | Date | Amount |
| 1582-351189 | 01/30/2013 | $78.99 |
| 1582-375752 | 05/07/2013 | $123.92 |
| 1582-376231 | 05/09/2013 | $224.28 |
Autozone
| Invoice# | Date | Amount |
| 1392710525 | 05/06/2013 | $45.65 |
| 1392710513 | 05/06/2013 | $47.64 |
NO ACTION taken on item 8.A.
| Account Number: | Billing Date: | Amount: |
| 512-151-5019-861-4 | 7-1-2013 | $6,379.10 |
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: 3 - 0 - Unanimously
| Invoice Date: | Amount: |
| 6-29-2013 | $1,850.00 |
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
| Vendor | Invoice Date | Purchase Order No. | Amount of Invoice |
| James R. Wade | 04/28/2013 | 693454 | $468.00 |
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
Presentation by Paul Villareal, Tax Assessor/Collector.
Presentation made.
1. Approval of the following personnel actions:
| Action | Slot # | Position Title | Proposed Budget Salary |
| Delete | 0009 | Computer System Administrator (Auto Allowance) |
$49,264.00 $1,500.00 |
| Delete | 0024 | Deputy Clerk II | $36,020.00 |
| Authorize | 0128 | Administrative Assistant III (Auto Allowance) |
$1,500.00 |
| Create | 0144 | Technician IV | $39,560.00 |
| Create | 0145 | Deputy Clerk I | $26,014.00 |
| Create | 0146 | Clerk I | $19,710.00 |
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
2. Approval to create the following full time positions:
| Slot # | Position Title | Proposed Budgeted Salary |
| 0147 | Deputy Clerk II | $30,342.00 |
| 0148 | Deputy Clerk II | $30,342.00 |
| 0149 | Deputy Clerk II | $30,342.00 |
| 0150 | Deputy Clerk II | $30,342.00 |
| 0151 | Deputy Clerk II | $30,342.00 |
| 0152 | Deputy Clerk II | $30,342.00 |
Ray Eufracio, Auditor, and Valde Guerra, Executive Officer, both expressed concerns due to lack of funding.
COMMISSIONER, PCT. 2 HECTOR PALACIOS moved to approve twenty (20) Deputy Clerk II positions for the Tax Office.
Motion failed for a lack of a second.
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.2 & 3, subject to funding.
Vote: 3 - 0 - Unanimously
1. Approval of the following personnel actions:
| Action | Position Title | Slot# | Budgeted Salary |
| Delete | Administrative Assistant I | 0018 | $ 24,087.00 |
| Create | Communications Officer | 0022 | $ 28,825.00 |
Joel Rivera explained that this position has been vacant for a couple of weeks, and will be for a couple more, which will help recover the cost. Mr. Eufracio, County Auditor, expressed concerns with the lack of funding and compliance with the policy.
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.B. 1 & 2, subject to funding.
Vote: 3 - 0 - Unanimously
1. Approval of the following personnel actions:
| Action | Position Title | Slot # | Budgeted Salary |
| Delete Clothing Allowance | Sergeant (Step III) | 0038 | $500.00 |
| Add Clothing Allowance | (Sr) Deputy Sheriff Step (IV) | 0089 | $500.00 |
2. Approval of revised salary schedule.
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 11.C.1 & 2.
Vote: 3 - 0 - Unanimously
NO NACTION taken on this item
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval, subject to Auditor review.
Vote: 4 - 0
b. Approval of Certification of Revenues as certified by the County Auditor for Demonstration Year 2 IGT drawdown.
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
c. Approval of 2013 appropriation of funds in Demonstration Year 2 IGT drawdown in the amount of $10,515,300.00 to fund Uncompensated Care.
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 Auditor's Review.
Vote: 4 - 0 - Unanimously
NO ACTION taken on this item.
| Vendor | Invoice # | Date | Amount |
| Mingo's | 11678 | 06/27/13 | $185.00 |
| Total | $185.00 |
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
| Vendor | Account No. | Billing Date | Amount |
| Verizon | 10-5492-2863047639-10 | 07/01/13 | $285.26 |
| ATT | 956-581-8596-751-1 | 06/11/13 | $103.95 |
| ATT | 857868885 | 06/16/13 | $57.78 |
| ATT | 956-682-6155-728-4 | 07/07/13 | $257.54 |
| ATT | 956-787-1531-073-5 | 07/09/13 | $1,493.20 |
| ATT | 805227770 | 07/03/13 | $212.96 |
| Total |
$2,410.69 |
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.
Vote: 4 - 0 - Unanimously
| Invoice Date | Invoice | Vendor | Amount |
| 07/03/13 | 803358989 | AT & T Long Distance | $206.51 |
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
a. Los Cielos Subdivision – Pct. 1 (Ramon Saenz Jr.)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
2. Preliminary Approval
a. Pueblo de Palmas at Mile 4 Phase 3 – Pct. 3 (PDP Mile 4 Ltd, Steve Griffith)
b. Ranchitos Escondido Phase I – Pct. 4 (Forrest Runnels, Jr.)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote to approve items 14.A.2.a & b.
Vote: 3 - 0
3. Final Approval
a. Ninja Ranch Subdivision – Pct. 3 (Three Rupperts, Kyle Ruppert)
On motion byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, seconded byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
b. North Tower Acres Subdivision – Pct. 4 (Jose Quiroga)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
c. Huisache Acres No. 9 Subdivision – Pct. 1 (Rick Harbison)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
d. M. Villarreal Subdivision – Pct. 1 (Gerardo Favila)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
e. Evergreen Valley Estates Phase V – Pct. 4 (Tillmin Welch)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
f. Sunset Valley Phase 2 – Pct. 1 (Sandoval Development, Jose Sandoval)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
4. Final Approval with Financial Guarantee
a. Chune Subdivision – Pct. 4 (Jose Eloy Pulido)
On motion byCOMMISSIONER, PCT. 1 A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
5. Reimbursement of a Cash Deposit
a. Los Novillos Subdivision – Pct. 4 (KCJC Real Estate Partnership)
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 reimburse $1,000,00.
Vote: 3 - 0 - Unanimously
- Los Cielos - Preliminary
- Pueblo De Palmas at Mile 4 Phase 3 - Prelim
- Ranchitos Escondido Ph I - Prelim.
- Ninja Ranch - Final
- North Tower Acres - Final
- Huisache Acres No 9 - Final
- M. Villarreal - Final
- Evergreen Valley Estates 5 - Final
- Sunset Valley Phase 2 - Final
- Chune - Final
- Los Novillos - Reimbursement
1. Approval of Certification of Revenues by the County Auditor for TxDOT Reimbursement of BCAP Forced Labor
2. Approval of 2013 appropriation of funds into Precinct No.1 Road & Maintenance (program 005) in the amount of $36,346.66.
NO ACTION taken on items 15.A.1 & 2.
Karina Cardoza read the Resolution in honor of Jared Janes 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
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
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 appropriation of funds and interfund transfer to TXDOT (fund 1315) in the amount of $935,539.68.
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 19.A.1 & 2.
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).
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 award to Kalifas Western Wear.
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 to approve Mountain Glacier.
Vote: 3 - 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: 3 - 0
2. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subdivision (1) at auction on 8-14-2013 resulted in no bids were received;
On motion byCOMMISSIONER, PCT. 1. A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
3. Requesting authority to publish advertisment for the auction of surplus equipment and vehicles scheduled for 8-14-2013, including but not limited to Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.
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
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. Approval of Closing documents for Sale of Aguilar and Dickerson Pond tracts of real property and Authority for County Judge to execute same.
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
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
A. Texas Cordia Construction, LLC in the amount of $167,630.15 for Bid No. CAP-13-192-06-26-YSI “Road & Drainage Construction for Regal Estates Subdivision”;
On motion byCOMMISSIONER, PCT. 1. A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
B. Castle Enterprises LLC in the amount of $79,724.50 for Bid No. CAP-13-191-06-26-YSI “Road & Drainage Construction for Randolph Barnett Subdivisions.”
On motion byCOMMISSIONER, PCT. 1. A.C. CUELLAR, JR., seconded byCOMMISSIONER, PCT. 4 JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0
& Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".
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 Commissioner Flores selecting his designee.
Vote: 3 - 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 Closed Session.
Vote: 4 - 0 - Unanimously
NO ACTION taken on items 21.A through G.
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 amount of $4,429.81 to be paid to Nelda Ruiz and $270.00 to be paid to Selvino Padilla, Attorney at Law, total amount will be $4,699.81.00.
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 to approve the settlement offer in the amount of $2,058.24.
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 to approve the $1,000.00 settlement offer.
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 to approve the release and settlement agreement with a promissary note in the amount of $1,288.83. with monthly payments of $128.00 per month for ten months.
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 to approve the promissary note in release and settlement agreement with payments of $389.00 for two months, total being $778.00.
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. 4 JOSEPH PALACIOS, seconded by COMMISSIONER, PCT. 1 A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to Adjourn.
Vote: 3 - 0 - Unanimously
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 30th day of July, 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 July 30, 2013.
Signed this 1st day of August 2013
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Priscilla Torres, Deputy