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Minutes for CC REGULAR

SPECIAL MEETING - December 3, 2013

BE IT REMEMBERED, that on this 3rd day of December 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-OFFICIO 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
December 3, 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:

 
1.
 
Roll Call

All members of the Court were counted present for the exception of Commissioner Joe M. Flores.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 5.A and 5.H.2 to be pulled for discussion.
 
5.
 
Open Forum

>Opal Billman stated the Court awarded themselves her and her late husband’s community property. After the petition for divorce the Court did nothing and was dismissed. She stated Texas law states that when a person dies, their property becomes their estate and should be divided among the heirs and that was not done.

>Fern McClaugherty commented that the County buildings should be maintenanced properly to avoid such incidents as the one last week. On Item 8.A, regarding temporary charges and commented that it would be nice to have it in writing because it is likely to turn into a permanent fee.

>Virginia Townsend addressed the temporary closing of the Courthouse and feels they are excuses. She would prefer to work with the building that we currently have instead of building an entirely new building.

>Karina Cardoza informed the Court of the Employee Blood Drive on December 9. She also announced the Annual Toy Drive has kicked off. The gifts can range from $10-$15 and will go toward the children of Hidalgo County Headstart.

>Annette Muniz stated that the Courthouse has had more than one type of emergency and it is not necessarily negligence. She feels the County does need a new Courthouse to avoid the constant issues. She asked if anyone has ever added up all the expenditures of the constant issues has cost and perhaps building a new one would prevent such expenses.
 
6.
 
Executive Officer - Valde Guerra:
 
A.
 
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

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 1 and 2.
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION taken on Items 1 - 3.
 
C.
AI-42007
Discussion and action to reschedule/cancel the following court meetings due to closure of offices for scheduled holidays:
Tuesday, December 24, 2013 (holidays - Dec. 24-25, 2013 (Tues./Wed.)
Tuesday, December 31, 2013 (holidays - Dec. 31, 2013 & Jan.1, 2014 (Tues./Wed.)

This Item was heard after Item 16.F; therefore, Commissioner Joseph Palacios was not in attendance.
 

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 the court meeting for December 20, 2013 and the following meeting will be on January 7, 2014.

Vote: 3 - 0

 
D.
AI-41731
Appointment of Hidalgo County Fire Marshal

Mr. Valde Guerra, Executive Officer, recommended to reappoint Juan G. Martinez for a 2 year term.  Mr. Martinez was sworn in by Judge Garcia.

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 -0 - Unanimously
Attachments:
 
E.
AI-41982
Approval to accept settlement check from TML Intergovernmental Risk Pool in the amount of $505.20 to settle auto accident with County vehicle. (Sheriff Office)
 

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

 
F.
AI-41959
Discussion, consideration and possible action regarding closure of county offices due to unforseen cirmcumstances/ emergencies

Mr. Guerra advised the Court that there is a need for establishing a protocol in such incidents that may occur.  The Sheriff's Department is whom is responsible for taking action for instances where situations are out of control, but there are some instances where they are not the ones who have the authority to make certain decisions.  Therefore, Mr. Guerra feels it it necessary to establish a protocol that everyone must follow.  He stated he would work with Legal Counsel to create and bring forth such protocol for the Courts approval.

NO ACTION taken on this item.

AT this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
7.
 
Constables:
 
A.
AI-41995
Constable Pct. 3 - LBSP FY2014 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY14 grant with Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.
2. Authorization for County Judge, as authorized official, to sign required documents. 
 

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 on Items 1 and 2.

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-41997
Constable Pct. #3 (1284):
1. Authorization to accept the Grant Adjustment Notice in reference to Operation Stonegarden FY12 (3rd phase) and authorization for County Judge, as authorized official, to sign (and initial) required documents.

NO ACTION taken on this Item.

2. Approval of appropriation of the FY2012 Operation Stonegarden Grant funds for the Constable Precinct No. 3 Department in the total amount of $7,077.62 for Phase 3.

     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 on amount to be $7,077.63.

     Vote: 3 - 0 - Unanimously
 
Attachments:
 
C.
AI-41969
Constable Pct. 4 - LBSP FY2014 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY14 grant with Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.
2.Authorization for County Judge, as authorized official, to sign required documents.
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UANANIMOUS vote of approval.

Vote: 3 - 0

Attachments:
 
8.
 
District Clerk - Laura Hinojosa:
 
A.
AI-41857
Discussion, consideration and approval of temporary increases in the records archive fee and the records management and preservation fee in the amount of $10 per applicable filing, in accordance with HB 1513. In accordance with Subchapter D, Chapter 51 of the Texas Government Code, the district clerk office further requests approval of the updated Preservation and Restoration Plan, which the clerk under a county that adopts a fee under this section is required to prepare.

NO ACTION taken on this Item.
 
9.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

NO ACTION taken on this Item.
 
B.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

NO ACTION taken on this Item.
 
10.
 
Urban County - Diana Serna:
 
A.
AI-41911
1) Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 4’s proposed budget and program amendment for fiscal years (2008, 2011 & 2012) to decrease Street Improvements funding and increase the Parks, Recreational Facility Improvements line item.

Judge Garcia opened the Public Hearing and the floor for discussion.  Commissioner Joseph Palacios noted that the improvements were to be made to Sunflower Park.  The streets that have been programmed to do will continue, but will be utilizing funds from Road and Bridge.  With no further comments, Judge closed the Public Hearing.

2) Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 4 for fiscal years (2008, 2011 & 2012) to decrease the Street Improvements line item and increase Parks, Recreational facility improvements line item allowing for additional funding to the Sunflower Park Project.

     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
 
Attachments:
 
B.
AI-41917
Approval of a Resolution for appointment of Diana R Serna as the Section 504, Equal Opportunity/Fair Housing and Labor Standards Officer designated to coordinate compliance for the Urban County Program regarding nondiscrimination requirements implementing Section 504, Equal Opportunity/Fair Housing and Labor Standards. 
 

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

 
C.
AI-41919
Requesting authorization to dispose of Community Development Block Grant records for Program Years 1999 thru 2008

NO ACTION on this Item.
Attachments:
 
11.
 
Planning Department - Raul Sesin:
 
A.
AI-41908
1. Preliminary Approval
a. Las Carretas Subdivision – Pct. 4 (Nemesio Reyes)
b. Pueblo De Palmas Phase 15 Subdivision – Pct. 4 (J Gary Frisby)
c. Concho Heights Unit 3 Subdivision – Pct. 4 (Kyndel Bennett)
d. Idea Quest Subdivision – Pct. 4 (Idea Public School)
e. Aria Ranches Subdivision – Pct. 4 (Richard Garza)

     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 on Items a - e.
     Vote: 3 - 0 - Unanimously

2. Final Approval with Financial Guarantee
a. Mirage Ranches Subdivision – Pct. 4 (Richard Garza)

     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

b. A & V Subdivision – Pct. 4 (Aldo Quintanilla)

    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
 
12.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-41924
Pct. #4- Misc. Reimbursements (1200):
1.  Approval of Certification of Revenues as certified by the County Auditor for Pct. #4 Edinburg Effluent Line and Faysville Drain Project.

     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 2013 appropriation of funds for Pct. #4 Edinburg Effluent Line and Faysville Drain Project in the amount of 17,765.64 for labor, fuel, and equipment for pay period 16

      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
Attachments:
 
13.
 
Budget & Management - Sergio Cruz:
 
A.
 
Budget Appropriations:
 
1.
AI-42002
Precinct No.3 Road Project:

A. Approval of 2013 certification of revenues, as certified by the County Auditor, for proceeds from the sale of assets to Hidalgo County DD No.1

B. Approval of 2013 appropriation of funds in the amount of $728,425.00 for the Shary Road project. 
 

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 on Items A and B.

Vote: 3 - 0 - Unanimously

 
2.
AI-41756
Justice Court Building Security Fund (1245):
Approval of appropriation of funds for the Justice Court Building Security Fund in the total amount of $ 3,307.20 to cover the cost proposal from AL3 Enterprises for the purchase & installation of cameras at Pct.1 JP Offices. 
 

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

Attachments:
 
14.
 
Purchasing Department - Marty Salazar:
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).
 
A.
 
Hidalgo County

Commissioner Hector "Tito" Palacios joined the meeting.
 
1.
AI-41785
Presentation of low bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County- "CRS-2 Emulsified Asphalt" through project No.: 2013-298-10-23-SGS.
 

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 on bid from Ergon.

Vote: 4 - 0 - Unanimously

 
B.
 
Pct. 3
 
1.
AI-41920
a. Acceptance and approval to execute the final form of a Professional Engineering Agreement with L&G Engineering, for "Shary Road (FM 494) from FM 1924 (Mile 3) to SH 107"as approved for negotiations on CC 11/12/13. 
 
     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

b. Acceptance and approval of Work Authorization No. 1 (with an estimated cost of $728,425.00) as submitted by project engineer, L&G Engineering for engineering services for "Preparation of the (1) Environmental Assessment, Public Involvement, Schematic and Hydrologic Design and (2) Surveying for the Shary Rd (FM 494) project from FM 1924 (Mile 3) to SH 107" within Hidalgo County Pct. No. 3.

     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
 
C.
 
Co. Wide
 
1.
AI-41633
Presentation of sole bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County- "Mailing Services" through project No. 2013-203-09-04-SGS.
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval on sole bid from Upper Valley Mail Services.

Vote: 4 - 0 - Unanimously

 
15.
 
Closed Session:
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 proceed to Executive Session.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-42003
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator
 
D.
AI-42005
Civil Action No. 7:13-CV-00496; Adriana Mora as Next Friend of Brian Mora Valadez, incapacitated v. Hidalgo County, Texas
 
E.
AI-41978
C-1989-12-B Domingo Gonzalez v. County of Hidalgo, in the 93rd Judicial District Court of Hidalgo County, Texas
 
F.
AI-41975
Subrogation Claim Against Noe Vela-Castillo

NO ACTION taken on Items 15.A - 15.F.
 
16.
 
Open Session:

Commissioner Joseph Palacios was not in attendance for the remainder of the meeting.
 
A.
 
Real Estate Acquisition and appropriation for same

NO ACTION taken on this Item.
 
B.
 
Pending and/or potential litigation

NO ACTION taken on this item.
 
C.
AI-42004
C-6392-13-I; San Juanita Saldana, et al v. Hidalgo County and Hidalgo County Elections Administrator

NO ACTION taken on this Item.
 
D.
AI-42006
Civil Action No. 7:13-CV-00496; Adriana Mora as Next Friend of Brian Mora Valadez, incapacitated v. Hidalgo County, 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 of settlement documents in the settlement of Civil Action No. 7:13-CV-00496; Adriana Mora as Next Friend of Brian Mora Valadez, incapacitated v. Hidalgo County, Texas.

Vote: 3 - 0 - Unanimously

 
E.
AI-41979
C-1989-12-B Domingo Gonzalez v. County of Hidalgo, in the 93rd Judicial District Court of Hidalgo County, Texas

NO ACTION taken on this Item.
 
F.
AI-41976
Subrogation Claim Against Noe Vela-Castillo

NO ACTION taken on this Item.
 
17.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
18.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.

AT this time, the Court proceeded to Item 6.C.
 
19.
 
Adjourn
 

, the Court made a UNANIMOUS vote of approval to adjourn.

Vote: 4 - 0 - Unanimously

There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the blank day of Month, 2013

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Virginia Jones, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on MONTH DAY, 2013.

Signed this _DAY__ day of MONTH 2013




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Virginia Jones, Deputy