BE IT REMEMBERED, that on this 7th day of January A.D., 2014, 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 JOE M. FLORES HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 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 January 7, 2014 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 Joseph Palacios, but joined the meeting shortly after commencement.
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.
Fern McClaugherty had a concern over Item 15.A and expressed to the Court that not all counties are jumping on it and requested that the elected officials think about the taxpayers by not increasing taxes.
Judge Garcia clarified that they have not increased the tax rate in the last thirteen years.
Opal Billman stated that her and her deceased husbands community property was never divided; it was dismissed due to Joe Billmans death and appointed a manager to the community property. The case continues to remain pending.
Hilda Salinas, Public Affairs, introduced Mr. Gallardo. Mr. Gallardo's position is a two year term; he has served as a member of the board for the past six years. TAC was created in 1969 when Texas counties joined together to improve and promote the value of county government on a statewide basis, the group consist of 20 elected county officials from throughout the State of Texas. TAC is the representative voice for all Texas counties and county officials.
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 on Items 7.A.1 & 2.
1) Renovations to Former Administration Building 1st and 2nd Floors
Mr. Alex Palacios, Prodigy Construction Management, stated the delays are brought upon a misunderstanding between the Architect, Mr. Wilson and the Design Consultant, Mr. Alcocer. Mr. Wilson informed the Court that the architectural and plumbing plans that were given to him did not match and stated that what was on paper also did not match to the layout of the actual building. Mr. Alcocer accepted responsibility and will deliver the correct plans to Mr. Wilson today.
2) Update on other ongoing county owned building construction and renovation repair projects
Mr. Valde Guerra informed the Court that the gate in the surrounding the portable has been repaired. He also informed the Court of the building for Constable Pct. 1 had some water intrusion through the cement block. Holchemont, the General Contractor, is looking into the issue and Mr. Guerra will have an update at a later time.
3) Emergency situations occurring since last agenda meeting
NO ACTION was taken on this Item.
Commissioner Joseph Palacios joined the meeting and Commissioner Joe Flores stepped away from the meeting.
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” 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
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. 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
2. Authorization to pay Overtime reimbursable under the grant terms and conditions.
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
3. Approval of Certification of Revenues as certified by the County Auditor for the FY 2012 Operation Stonegarden Grant (4th phase).
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
4. Approval to appropriate the budget for Sheriff's Office portion of the FY 2012 Operation Stonegarden Grant (4th Phase) in the amount of $141,640.82.
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
5. Approval to appropriate the budgets for the (12) twelve cities' portion of the FY 2012 Operation Stonegarden Grant (4th phase) in the amount of $156,680.79.
| City of | 4th Phase | |
| 1 |
Alamo |
8,090.58 |
| 2 |
Donna |
10,616.33 |
| 3 |
Edinburg |
39,576.74 |
| 4 |
Hidalgo |
11,488.45 |
| 5 |
La Joya |
5,114.37 |
| 6 |
Mercedes |
6,520.80 |
| 7 |
Mission |
10,659.08 |
| 8 |
Palmview |
9,835.48 |
| 9 |
Penitas |
7,072.38 |
| 10 |
Pharr |
27,060.00 |
| 11 |
San Juan |
9,415.83 |
| 12 |
Weslaco |
11,230.75 |
| |
Total |
156,680.79 |
At this time, Commissioner Joe Flores joined the meeting.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR “TITO” 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: 5 - 0 - Unanimously
1.) One word change to the Work Plan / Exhibit, under C-5, fourth bullet under activities section ("over" to "under");
2.) Addition to the Financial Status Report requirements and due dates to the Programmatic Reporting Requirements Section;
3.) Update of the LHD ILA reporting requirements program end date from 05/30/2014 to 05/31/2014.
The effective date of this amendment is 01/07/14.
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, 2, and 3.
Vote: 5 - 0 - Unanimously
Mr. Olivarez informed the Court that they will be presenting the finalization next week.
NO ACTION taken on this Item.
NO ACTION taken on this Item.
| Invoice Date | Invoice | Vendor | Amount |
| 12/01/13 | 512 A01-0439 | AT & T | $23,307.56 |
| 12/03/13 | 803358989 | AT & T Long Distance | $221.42 |
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Approval to process the following ATT invoice as claim with authority for County Treasurer to issue a check after auditing procedures are completed by County Auditor.
| Vendor | Account No. | Statement Date | Amount |
| ATT | 805227770 | 12/03/13 | $66.11 |
| Total | $66.11 |
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES , the Court made a UNANIMOUS vote of approval to appoint Fern McClaugherty as Alternate Judge, Melissa Beall, Richard Montesdecca, Dennis Church, and Kevin Ramsey as members representing the Republican Party.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to appoint Don Medina as Judge, Alma Vera, Aaron Alonzo, Julio Garza, Jr., Marissa Garza, Debbie Contreras, Juventino Rodante, Vi Champion, and Scott Crane as members representing the Democratic Party.
Vote: 5 - 0 - Unanimously
2. Appointment of the Central Counting Station for the March 4, 2014 Primary Election.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval to appoint Deborah Avellano as Alternate Judge, Elijah Casa, and Adrienne Pena as members representing the Republican Party.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT.3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to rescind the previous action.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to appoint Deborah Avellano as Alternate Judge, Nethaniel Henderson, and Adrienne Pena as members representing the Republican Party.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval to appoint Leticia Hinojosa as Judge, Lazaro Cardenas, and Jordan Gonzalez as members representing the Democratic Party.
Vote: 5 - 0 - Unanimously
Ms. Storz stated there would be no expense to the County; she will be traveling with grant monies.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Mr. Ray Eufracio, County Auditor, clarified that there will be an expense to the County which will include Ms. Storz's meals during her trip.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to rescind the previous action.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, JOE M. FLORES , seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval to include meal expenses.
Vote: 5 - 0 - Unanimously
Andrea Valdez, agent from Texas A&M Agrilife, read the Proclamation.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Commissioner Joe Flores and Commissioner Hector "Tito" Palacios stepped away from the meeting.
Mr. Sesin explained that there is no donation deed; it is an existing county road, therefore there is no acquisition required for the right-of-way.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
| Vendor | Invoice No. | Amount |
| Mobile Relays Partners, LTD | AIR0032377 | $1170.83 |
| Mobile Relays Partners, LTD | AIR0032223 | $1170.83 |
Commissioner Joseph Palacios joined the meeting at this time.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
Judge Garcia opened the public hearing for comments. A discussion was had on whether to create one or more CETRZs, as authorized by law; to promote one or more infrastructure projects to be located within the County to be funded by the CETRZ. Created by Texas Legislature, Senate Bill 1747 allows monies collected on Texas oil and gas royalties to be given back to counties to help fund road and bridge maintenance.
Mr. Sergio Cruz announced the deadlines and requirements. The zone has not be defined, but in February an order will be created. Mr. Cruz suggests we begin with a small zone for grant application purposes. They will be working with TXDOT to receive further guidance. Ms. Fern McClaugherty
questioned whether property taxes will increase and whether it will become another taxing entity. Judge Garcia answered that they will not be a taxing entity and they are basing the amount of funds allotted to the zone by the value of the property. Mr. Cruz explained that if property value were to increase within the zone, increased tax levy monies will be used within that area. Mr. Frank Traver stated this is not a proposal we should be involved in. Commissioner Joseph Palacios stated that there still needs to be extensive research before any action is taken on this matter. The grants and zones do have terms; therefore they are not ever standing.
With no further comments, Judge Garcia closed the public hearing.
1. The potential boundaries and requirements of a County Energy Transportation Reinvestment Zone (CETRZ), as authorized §222.1071 of the Texas Transportation Code.
NO ACTION taken on this Item.
2. Whether or not to create one or more County Energy Transportation Reinvestment Zone (CETRZ), as authorized by law, to promote one or more infrastructure projects to be located within the County to be funded by the CERTZ.
NO ACTION taken on this Item.
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.
Vote: 4 - 0 - Unanimously
b. Requesting authority to purchase repairs only (excludes maintenance for vehicles or equipment) for County-owned vehicles and equipments from the vendors identified and detailed revised list attached hereto through the established and approved procedures for the requisition and purchase order process with said authority to extend through December 31, 2015;
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. Requesting authority to purchase parts for County-owned vehicles, equipment, heavy equipment and machinery from the vendors identified and detailed revised list attached hereto through the established and approved procedures for the requisition and purchase order process with said authority to purchase through December 31, 2015;
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
d. Requesting authority to purchase books, publications, films and manuscripts as detailed in attachments herein for those applicable Elected Offices, Departments, Programs and/or Agencies as well as Specialized Local Entities through all funding sources;
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
At this time, Commissioner Joseph Palacios stepped away from the meeting.
e. Requesting exemption from competitive bidding requirements under Tx. Local Govn.Code, Chapter 262, Section .024(a)(8)(d)"an item of food for Sheriff Office, Adult Detention Facility, aka, County Jail), Texas Agrilife Extension Service including all other Hidalgo County Elected Offices, Departments, Programs and/or Agencies as well as Specialized Local Entities (i.e. Adult & Juvenile) through all funding sources with action valid through December 31, 2015;
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
f. Pursuant to same statute, specifically 262.024(d), action the following:
1. Solicitation of at least three (3) quotes by:
2. Telephone;
3. Written quotations;
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on 1 - 3.
Vote: 3 - 0 - Unanimously
g. Set the intervals for the solicitation of quotes for:
1. Current & historic time frame is 30 days;
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
2. Other as approved ________________;
NO ACTION taken on this Item.
h. Presentation for approval of the proposed draft solicitation quote/bid form including, terms, conditions, requirements, as detailed on Hidalgo County Purchase Order document valid through December 31, 2015.
On motion by COMMISSIONER PCT. 3, JOE M. FLORES,seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 3 - 0 - Unanimously
NO ACTION on Items 17.A - 17.C.
Commissioner Joseph Palacios was not present for Open Session.
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. 3, JOE M. FLORES , the Court made a UNANIMOUS vote of approval for settlement in the amount $11,750.00 with authority to execute all settlement documents that pertain to this case.
Vote: 4 - 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. 3, JOE M. FLORES, 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 7th day of January, 2014
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 January 7, 2014.
Signed this 7th day of January 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
