BE IT REMEMBERED, that on this 8th day of July 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:
![]() |
AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING July 8, 2014 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:
All members of the Court were counted present.
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.
Jim Barns, of the OWLS, a citizen watchdog group, and member of the Hidalgo County Tea Party, expressed his concerns with the health and well-being of our citizens including Border Patrol Officers, at and near the border by reason of infectious disease that might be spread due to the immigration influx.
Opal Billman voiced her grievance with her court case.
Fern McClagherty expressed concerns on the issue of illegal immigration that is occurring at our border. She stated, according to her research, that these immigrants that are being shipped to areas further north are reported to have more contagions than previously reported. She stated that constructing a new Courthouse would not serve in the best interest of the counties tax payers.
John David Franz asked to be on the agenda to explain the particulars and terms following outcome of the settled case between his own firm of John David Franz Law Office and that of Perdue, Brandon, Fielder, Collins & Mott LLP, and will no longer be a party involved in tax collecting for the County. He then respectably thanked the Judge, Commissioners, The County of Hidalgo, and certain members of its staff for allowing himself and office to handle the delinquent tax collections of the County for the last eight years.
Priscilla Alvarez, Program Director for VIDA, asked the Court to be considered for agenda admittance for further program funding.
Bobby Villarreal, County Judge's Office, gave the Court that the Judge's Office, Border Patrol, and Sheriff's Department along with Congressional Committee are working together to assess the border situation, and are requesting funds be reimbursed to County for the expenses occurring at the border.
At this time, the Court proceeded to Item 17; Closed Session.
NO ACTION taken on this Item.
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: 5 - 0 - Unanimously
Michael Leo, Hidalgo County Judges Office, informed the Court and audience that the program was initiated to recover funds from the devastation the County endured during Hurricane Dolly in 2008. The program assisted 34 families with over 60 beneficiaries in Hidalgo County between 2009 to 2014 and allowed Hidalgo County residents to regain their lives.
2. Recognition of the Hidalgo County Urban County Program for their efforts in administering the program.
Ms. Diana Serna and her staff were responsible for administering the Disaster Recovery Program on behalf of Hidalgo County. Ms. Serna listed the areas in which the improvements were received. They are continuing their efforts on Phases 2.1 and 2.2.
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
Mr. Alex Palacios gave an overview of the status of the renovations of the administration building. He wanted to remind the Court that all of the issues within the renovation process is and will always remain transparent.
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 2 and 3.
Appointment by Dr. Ruben Saldana, Ed.D., District Extension Administrator of Andrea A. Valdez as County Extension Agent-Family and Consumer Sciences (CEA-FCS) effective July 8, 2014
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: 5 - 0 - Unanimously
Discussion, consideration and action to allow for partial occupancy of the Hidalgo County Forensic Center (County Morgue) located at 3100 S. Closner, Edinburg
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 subject to the pulling of the electrical permit.
Vote: 5 - 0 - Unanimously
Mr. Valde Guerra explained that scheduling conflicts may affect attendance for the remainder of the year; therefore, he suggested court be held two times a month (one week on, one week off). He informed the court that the auditors issuance of payments would not be an issue and if needed, they would ensure compliance with the 72 hour notice to the public if a meeting is to be scheduled during an off week.
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
Request approval to process payments after review and audit procedures are completed by the County Auditor. Checks issued will be included in the check register of the next available meeting
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
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 raise the expenditure limit to $25,000.00 for the Precincts Operations Expenses.
Vote: 5 - 0 - Unanimously
Constable Pct. #2- Tropical Texas Behavioral Health Interlocal (1285):
1. Discussion, consideration and approval to enter into an Interlocal Agreement between Hidalgo County and Tropical Texas Behavioral Health (TTBH) for participation in the Mental Health Officer Program.
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
2. Authorization to pay overtime reimbursable under the interlocal agreement terms and conditions.
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
3. Authorization for County Judge, as authorized official, to sign interlocal agreement award and related 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.
Vote: 4 - 0 - Unanimously
4. Approval of Certification of Revenues as certified by the County Auditor.
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
5. Approval to create the following positions:
| Action | Slot # |
Position Title |
Salary |
| Create | 0001 | Deputy Constable Step I | $39,140.00 |
| Create | 0002 | Deputy Constable Step I | $39,140.00 |
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
6. Approval of appropriation of funds.
7. Approval of salary schedule.
Commissioner Joe Flores 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 of approval of Items 6 and 7.
Vote: 5 - 0 - Unanimously
1. Discussion, consideration and approval to extend the following five (5) temporary part time positions, as of 07/01/2014 through 12/30/2014:
| Dept/Program | Slot# | Position Title |
Budgeted Salary |
| 080-007 | T107 | Clerk IV | $8,320.00 |
| 080-007 | T108 | Criminal Investigator I | $5,999.00 |
| 080-010 | T013 | Clerk I | $7,056.00 |
| 080-010 | T014 | Clerk I | $7,047.00 |
| 080-010 | T015 | Clerk I | $6,683.00 |
3. Approval of salary schedule(s).
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 of Items 1, 2, and 3.
Vote: 5 - 0 - Unanimously
Approval to apply for the FY 2014-2015 Border Prosecution Unit Grant.
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: 5 - 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: 5 - 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: 5 - 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: 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.
Vote: 5 - 0 -Unanimously
Legal Counsel, Steve Crain, stated that because this entity is not government entities, the caption reads incorrectly. He recommended the item be brought back for approval at the next meeting with the proper caption.
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 RESCIND the previous motion.
Vote: 5 - 0 -Unanimously
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
Legal Counsel, Steve Crain, stated that because this entity is not government entity, the caption reads incorrectly. He recommended the item be brought back for approval at the next meeting with the proper caption.
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 RESCIND the previous motion.
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.
Vote: 5 - 0 - Unanimously
2. Requesting approval to appropriate the MAC budget in the amount of $135,837.65.
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: 5 - 0 - Unanimously
Commissioner Joe Flores stepped away from the meeting.
NO ACTION taken on this Item.
NO ACTION taken on this Item.
Authorization and approval to change the username on wireless device through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:
| Description: | Employee Name/ID: | Transfer To: | MDN: |
| Name Change | Carlos G. Garcia / 122475 | Office Use | 956-483-2133 |
| Name Change | Juan De Leon / 087815 | Office Use | 956-207-9204 |
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
| Department: | Description: | Employee Name/ID: | New Plan Description: | MDN: |
| Human Resources | iPhone | Esther A. Cortez/ 053074 | Nationwide Unlimited Anytime Mins., Email & Data + Msging @ $115.49 + $5.00 taxes/fees = $120.49 a month | 956-330-1796 |
| Planning | iPhone | Jose R. Tovar/ 140619 | Nationwide Unlimited Anytime Mins., Email & Data + Msging @ $115.49 + $5.00 taxes/fees = $120.49 a month | 956-648-7780 |
| Planning | iPhone | Arturo A. Hernandez/ 180181 | Nationwide Unlimited Anytime Mins., Email & Data + Msging @ $115.49 + $5.00 taxes/fees = $120.49 a month | 956-515-6860 |
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
| Qty: | Description: | User: | Service Plan: | Equipment Cost: | Requisition: | Notes: |
| 2 | Data Cards | Office Use | 4G Mobile Broadband Unlimited @ $37.99 X 2 = $75.98 a month | $0 | 259175 | AI-45185 CC Consent 7/8/14 for fund transfer |
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
| Alamo | Granjeno | Palmhurst | San Juan |
| Alton | Hidalgo | Palmview | Sullivan City |
| Donna | La Joya | Peñitas | Weslaco |
| Edcouch | La Villa | Progreso | |
| Elsa | Mercedes | Progreso Lakes |
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
- Cooperation Agreement City of Alamo-Elsa
- Cooperation Agreement City of Granjeno-Mercedes
- Cooperation Agreement City of Palmhurst-Progreso Lakes
- Cooperation Agreement City of San Juan-Weslaco
- Alamo/executed
- Alton/executed
- Donna/executed
- Edcouch/executed
- Elsa/executed
- Granjeno/executed
- Hidalgo/executed
- La Joya/executed
- La Villa/executed
- Mercedes/executed
- Palmhurst/executed
- Palmview/executed
- Penitas/executed
- ProgresoLakes/executed
- Progreso/executed
- San Juan/executed
- Sullivan City/executed
- Weslaco/executed
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. 2, HECTOR 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. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
This Item was addressed after Open Session; the entire Court being present.
Jesse Ozuna, Hidalgo County Precinct 4 Right of Way Agent, presented the resolution and requested support for the amendment and informed that, if passed, the amendment would allow funds for projects on state roads, highways and bridges. He explained that the constitutional amendment is to provide for the transfer of certain general revenue to the economic stabilization fund and to the state highway fund and for the dedication of the revenue transferred to the state highway fund.
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
At this time, the Court proceeded to Item 6.
1. Approval of Certification of Revenues by County Auditor in relation to revenues from the assessment of Scofflaw Fees.
2. Approval of 2014 appropriation of funds in the amount of $48,000.00 for various operating expenditures related to the Scofflaw Program.
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 of Items 1 and 2.
Vote: 4 - 0 - Unanimously
A. Approval of Certification of Revenue by County Auditor for the Sheriff.
B. Approval of 2014 appropriation of funds for Sheriff in the amount of $13,741.82 to fund the purchase of a used vehicle.
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 of Items A and B.
Vote: 4 - 0
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. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 - Unanimously
A. Payment Application No. 12 (Retainage) - $ 40,006.41; and,
B. Payment Application #13 (final)- $27,943.13 through PO#707013
as submitted by Holchemont LTD, awarded vendor (AIA Contract #C-12-028-07-24) for the "Construction of a New Constable Building" in Precinct #1 as certified for payment by project architect, Alcocer Garcia Associates (which includes the acceptance of the punch-list status document) and sign-offs by D. Flores-Bldg. Maint. Mgr. & Constable, Pct. #1 with authority for County Treasurer to issue payment after County Auditor's review and processing procedures are completed.
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 receipt of revised Pay Application 13 from the vendor in order to eliminate the recorded retainage amount.
Vote: 4 - 0
| Program | Requisition No. | Vendor | Amount | Item |
| Pct 2 Equip. & Maint. Facility | 259315 | Petroleum Solutions Inc. | $12,612.07 | Lube Pit Area Equipment |
| Pct 2 Equip. & Maint. Facility | 259317 | Petroleum Solutions Inc. | $32,384.89 | Lube Equipment & Wall Tanks |
| Pct 2 Equip. & Maint. Facility | 259404 | Petroleum Solutions Inc. | $8,541.56 | Air Compressor/Air Dryer |
| Pct 2 Pecina Road Project | 259591 | Frontera Materials, Inc. | $21,170.00 | Asphalt |
| Pct 2 El Gato Rd Project | 259593 | Frontera Materials, Inc. | $104,748.00 | Asphalt |
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
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: 4 - 0 - Unanimously
B. Approval of Closing documents for Sale of LJ Pond tracts of real property and Authority for County Judge to execute same.
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 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:
NO ACTION taken on this Item. Executive Session was discussed after Open Forum.
NO ACTION taken on Items 17.A - 17.F.
NO ACTION taken on this Item.
NO ACTION taken on this Item.
NO ACTION taken on this Item.
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 accept settlement and compromised aggreement by Travelers Insurance Company on behalf of Hidalgo County.
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 authorize Mr. Rex Leech on behalf of Hidalgo County to sign the Rule 11 document.
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 for settlement authority in the amount of $22,423.91 for property damage.
Vote: 5 - 0 - Unanimously
At this time, the Court proceeded to Item 14.A.
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. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 - Unanimously
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 8th day of July, 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 July 8, 2014.
Signed this 8th day of July 2014
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
