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:
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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING December 3, 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 for the exception of Commissioner Joe M. 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 for the exception of Items 5.A and 5.H.2 to be pulled for discussion.
>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.
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.
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.
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
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
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
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.
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
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
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
NO ACTION taken on this Item.
NO ACTION taken on this Item.
NO ACTION taken on this 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
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 on this Item.
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
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
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
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
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).
Commissioner Hector "Tito" 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 on bid from Ergon.
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
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
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
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
NO ACTION taken on Items 15.A - 15.F.
Commissioner Joseph Palacios was not in attendance for the remainder of the meeting.
NO ACTION taken on this Item.
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 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
NO ACTION taken on this Item.
NO ACTION taken on this Item.
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.
AT this time, the Court proceeded to Item 6.C.
, 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 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
