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Minutes for CC REGULAR AGENDA REGULAR MTG

REGULAR MEETING - SEPTEMBER 26, 2023

BE IT REMEMBERED, that on this 26th day of September A.D., 2023, there was begun and held a REGULAR MEETING of the Honorable Commissioners Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE EVERARDO "EVER" VILLARREAL

HONORABLE ELLIE TORRES
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
SEPTEMBER 26, 2023
2:00 P.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted: 

In accordance with Section 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location.  Some members of the governing body and/or government officials may participate via videoconference.

Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

 
1.
 
Roll Call (Audio Reference 13m:51s)

Judge Richard F. Cortez called the meeting to order at 2:00 P.M.

All members of the Court were present during the roll call.
 
2.
 
Pledge of Allegiance (Audio Reference 14m:05s)

Veteran Corporal Israel E. Rodriguez led the Court in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 15m:35s)

Chief Assistant County Treasurer, Alfredo Zamarripa, offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 18m:30s)

The Court proceeded with the discussion and approval of the Consent Agenda.

See the consent agenda for the action taken.
 
5.
 
Approval of Awards/Recognitions:
 
A.
AI-92552
Requesting approval of Resolution and Order to rename county owned facilities known as the San Carlos Community Resource Center, located within Hidalgo County Precinct 4, to the Lydia Maldonado Precinct 4 Whole Life Complex. (Audio Reference 21m:00s)

Velinda Reyes, with Precinct No. 4, read the Resolution and Order to rename county owned facilities known as the San Carlos Community Resource Center, to the Lydia Maldonado Precinct 4 Whole Life Complex.

Dr. John Ronnau, with the University of Rio Grande Valley, came before the Court to express his gratitude towards Mrs. Lydia Maldonado for all her arduous work and her dedication to the San Carlos community.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 5.A.

Vote: 5 - 0 – Unanimously

The Court proceeded to Agenda Item 19.D.1 (Audio Reference 37m:10s)
 
B.
AI-92544
Requesting approval of Proclamation declaring October 2023 as National Breast Cancer Awareness Month. (Audio Reference 40m:00s)

Velinda Reyes, with Precinct No. 4, read the Proclamation declaring October 2023 as National Breast Cancer Awareness Month.

Anabel Arellano, with Patient Services at Doctor's Hospital at Renaissance, and cancer survivors, Linda Bravo and Esmelda Guiterrez came before the Court to express their gratitude for declaring October 2023 as National Breast Cancer Awareness Month.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 5.B.

Vote: 5 - 0 – Unanimously
 
6.
 
Open Forum (Audio Reference 50m:32s)

A public participation form was submitted by Manuel Pescador, however, Mr. Pescador was not present to participate.

The Court proceeded to Agenda Item 18.A.1. (Audio Reference 51m:05s)
 
7.
 
Sheriff's Office:
 
A.
AI-92630
Sheriff- FY 2021 Operation Stonegarden (1284): 
1. Authorization to approve grant adjustment for a 1-month extension for FY 2021 Operation Stonegarden.
2.  Authorization for Judge Cortez to certify adjustment on e-Grants. (Audio Reference 1h:00m:25s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda items 7.A.1., and 7.A.2.

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-92631
NCIC Tech Grant
Approval of partial Certification of Revenues, as certified by the County Auditor, for the NCIC Tech Grant in the amount of $145,750.00 from total award in the amount of $210,000. (Audio Reference 1h:00m:57s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 7.B.

Vote: 4 - 0 - Unanimously
 
8.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed:
1. Civil Service Commission Rules - Section 3.22
2. Hidalgo County Personnel Policy Manual - Section 6.27 (Audio Reference 1h:01m:23s)

No Action was taken on Agenda Items 8.A.1., and 8.A.2.

3. Budget Amendment Policy - Personnel Related Amendments (Audio Reference 1h:01m:35s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 8.A.3.

Vote: 4 - 0 – Unanimously
 
B.
AI-92590
Community Service Agency (3300):
Approval to extend the following full-time temporary positions beginning 10/01/2023 and ending 12/31/2023 as follows:
Action Dept./Prg. Slot # Position Title Salary
Extend 901-033 0049 Eligibility Worker I $7,269.60
Extend 901-033 0101 Eligibility Worker I $7,269.60

(Audio Reference 1h:01m:42s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 8.B.

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI-92594
Sanitation Pct. 3/Parks Pct. 3 (1100) / Pct. 3 Road Maintenance (1200):
Approval of the following actions, effective upon Commissioners Court approval:
Action Dept./Prg. Slot # Position Title Grade
Delete 123-001 0004 Equipment Operator I 06
Delete 123-005 0020 Equipment Operator II 08
Delete 123-005 0058, 0060 Maintenance I 03
Delete 123-008 0010 Maintenance I 03
Create 123-001 0055 Equipment Operator III 10
Create 123-005 0138 Equipment Operator III 10
Create 123-005 0139, 0140 Maintenance II 05
Create 123-008 0026 Maintenance II 05

(Audio Reference 1h:02m:14s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 8.C.

Vote: 4 - 0 – Unanimously

The Court proceeded to Agenda Item 10.A. (Audio Reference 1h:02m:54s)
 
9.
 
Community Service Agency:
 
A.
AI-92597
1. Convene a public hearing regarding the proposed 2024 Community Service Block Grant (CSBG) CAP Plan and Budget. (Audio Reference 1h:16m:08s)

Judge Richard F. Cortez opened a public hearing at 3:02 P.M., regarding the proposed 2024 Community Service Block Grant (CSBG) CAP Plan and Budget, however, there were no participants for the public hearing. Judge Cortez closed the public hearing at 3:03 P.M.

Community Service Agency Executive Director, Jaime Longoria, stated that the total budget for the 2024 Community Service Block Grant is $1,818,837.00. 

No action was taken on Agenda Item 9.A.1.

2. Discussion, consideration, and possible action to recommend approval of the 2024 (CSBG) CAP Plan and Budget. (Audio Reference 1h:16m:50s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 9.A.2.

Vote: 4 - 0 - Unanimously
 
B.
AI-92556
Recognition and update regarding the Texas Mission of Mercy Dental Program (TMOM). (Audio Reference 1h:18m:50s)

The Court proceeded to Agenda Item 9.C.1.

(Audio Reference 1h:27m:00s)

Community Service Agency Executive Director, Jaime Longoria presented the recognition and update regarding the Texas Mission of Mercy Dental Program.

Dr. Carlos Cruz came before the Court to express his gratitude for all the support received from Judge Cortez, Mr. Longoria, Mr. Pepe Cabeza de Vaca and all the dentist in the Texas Mission of Mercy Dental Program event.

The Court proceeded to Agenda Item 19.A.1. (Audio Reference 1h:41m:00s)
 
C.
AI-92546
1. Discussion, consideration, and possible action to rescind agenda items AI-91833 presented on August 8, 2023, to accept an agreement with the Action Janitorial Service for a period of one (1) year term and shall automatically renew for additional one (1) year periods on the anniversary date of this agreement and authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 1h:18m:52s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 9.C.1.

Vote: 4 - 0 - Unanimously

2. Discussion, consideration, and possible action to accept an agreement with the Action Janitorial Service, in the amount of $1,720.00 per month, for a period of one (1) year term and shall automatically renew for additional one (1) year periods on the anniversary date of this agreement, with authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 1h:19m:30s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 9.C.2.

Vote: 4 - 0 - Unanimously

The Court proceeded to Agenda Item 14.A (Audio Reference 1h:20m:05s)
Attachments:
 
10.
 
Head Start Program:
 
A.
AI-92558
Discussion/Approval to Submit the Following Two (2) 2024 Budget Applications:
1. Department of Health and Human Services (DHHS)
2. Texas Department of Agriculture (TDA) (Audio Reference 1h:03m:05s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda items 10.A.1., and 10.A.2.

Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-92560
Discussion/Approval of 2022-2023 Program Information Report (PIR) (Audio Reference 1h:03m:46s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 10.B.

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI-92559
Discussion/Approval of 2023-2024 Training and Technical Assistance (T/TA) Plan (Audio Reference 1h:04m:12s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 10.C.

Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI-92561
Discussion/Approval of School of Social Work Program Agreement (Educational Experience) between The University of Texas Rio Grande Valley (UTRGV) and Hidalgo County Head Start Program (Audio Reference 1h:04m:29s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 10.D.

Vote: 4 - 0 - Unanimously
 
E.
AI-92564
Presentation for Discussion/Consideration/Approval to Enter into an Interagency Cooperation Contract between Hidalgo County Head Start Program and Texas A&M University Health Science Center (Audio Reference 1h:04m:54s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 10.E.

Vote: 4 - 0 - Unanimously
 
F.
AI-92563
Discussion/Approval on Request to Purchase Three (3) Play Structures with Safety Surface through the Hidalgo County's Membership/Participation with the Buyboard Awarded Vendor Alamo Classroom Solutions (Contract #653-21) (Audio Reference 1h:05m:19s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 10.F.

Vote: 4 - 0 – Unanimously
 
G.
AI-92562
Request Approval of Application and Certificate for Payment for Invoice #320392 in the Amount of $8,805.61 for Professional Services Submitted by B2Z Engineering, Construction Management Engineer, through Contract C-21-004-09-21-AS for the Hidalgo County Head Start Program Outdoor Learning Environments and Discovery Classrooms (Audio Reference 1h:05m:58s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 10.G.

Vote: 4 - 0 – Unanimously
Attachments:
 
11.
 
Urban County:
 
A.
AI-92557
Requesting approval of Year 36 (2023) Urban County Program Interlocal Agreements with fifteen (15) participating cities and authorization for Hidalgo County Judge Richard F. Cortez to sign any and all agreements. (Audio Reference 1h:07m:17s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 11.A.

Vote: 4 - 0 - Unanimously
 
B.
AI-92567
Consideration and approval of Construction Contract Change Order No. 1 for the Texas Department of Agriculture (TDA) Colonia Contract No. CFC21-0418 in the amount of $50,922.00 and authorize the County Judge to sign any and all documents associated with the Change Order. (Audio Reference 1h:07m:35s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 11.B.
                                                        
Vote: 4 - 0 – Unanimously
 
C.
AI-92547
Requesting approval of Amendment to the 2021 HOME Community Housing Development Organization (CHDO) Program Agreement between Hidalgo County Urban County Program and Affordable Homes of South Texas, Inc. (AHSTI).
 
The proposed amendment will decrease the number of new construction units from seven (7) to eight (8) to four (4) to five (5). 

(Audio Reference 1h:08m:00s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 11.C.

Vote: 4 - 0 -Unanimously 
 
12.
 
Elections Department:
 
A.
AI-92571
1. Discussion on Election Updates. (Audio Reference 1h:08m:38s)

Elections Administrator, Hilda Salinas, provided an update to the court about the upcoming November 7, 2023 Special Constitutional Amendment Election and local entities elections.

No action taken on agenda item 12.A.1.

2. Approval of the November 7, 2023 Special Constitutional Amendment Election and Local Entities Elections Services Contract between Hidalgo County and the following entities: (Audio Reference 1h:10m:28s)
  • Edcouch Elsa Independent School District
  • La Joya Independent School District
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 12.A.2.

Vote: 4 - 0 – Unanimously
 
B.
AI-92514
Requesting approval to accept donation from requestor Toni Trevino in the amount of $2.90. (Audio Reference 1h:10m:53s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 12.B.

Vote: 4 - 0 – Unanimously
 
13.
 
Health & Human Services Department:
 
A.
AI-92589
Requesting approval of the Certification of Revenue by the County Auditor in the amount of $80.00 and appropriation of the same. The revenue was collected by our Title V Prenatal program FY23. (Audio Reference 1h:11m:15s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 13.A.

Vote: 4 - 0 – Unanimously
 
B.
 
Health Care Funding District:
 
1.
AI-92457
A. Public Hearing, at 3:00 pm, to consider public comments concerning the amount of mandatory payments required to be paid by paying hospitals for the District’s fiscal year 2024 (September 2023 – August 2024) and how the revenue derived from those payments is to be spent. (Audio Reference 1h:13m:15s)

Judge Richard F. Cortez opened a public hearing at 3:00 P.M., regarding the amount of mandatory payments required to be paid by paying hospitals for the District’s fiscal year 2024 (September 2023 – August 2024) and how the revenue derived from those payments is to be spent, however, there were no public participants for the public hearing. Judge Cortez closed the public hearing at 3:00 P.M.

No action was taken on Agenda Item 13.B.1.

B. Consideration and approval of mandatory payment to be assessed quarterly by the Hidalgo County Health Care Funding District on the net patient revenue of an institutional health care provider and how the revenue derived from those payments is to be spent. 

Eddie Olivares, with the Hidalgo County Health and Human Services, stated that the estimated revenue is $1,885,127,182.00.

C. Consideration and approval for the Hidalgo County Tax Assessor/Collector to collect the mandatory payment required by Hidalgo County Health Care Funding District.
D. Consideration and approval to assess mandatory payment annual rate. 

Mr. Olivares stated that the assess mandatory payment annual rate is 6%.

E. Consideration and approval to set quarterly assessment dates. Assessment dates are :
1st Quarter due 11/30/2023
2nd Quarter due 02/29/2024
3rd Quarter due 05/31/2024
4th Quarter due 08/31/2024

Mr. Olivares stated that the assessment value of $113,107,632.00 is to be divided by the four (4) quarters.

(Audio Reference 1h:14m:07s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda items 13.B., through 13.E.

Vote: 4 - 0 -Unanimously 

The Court proceeded to Agenda Item 9.A.1. (Audio Reference 1h:14m:07s)
Attachments:
 
14.
 
Planning Department:
 
A.
AI-92585
1. Preliminary Approval with Variance request
a. Garza Ranch Subdivision- Pct. 1 (Gil Garza Jr.) (Mile 9 North Road & Mile 1 East Road)
No. of Lots: 2 Single Family
Flood Zone: X
Estimated Number of Streetlights:N/A
Filling Stations:N/A
Drainage: Yes, Drainage will be provided by natural perculation and surface runoff will drain into Mile 9 North Road side ditch.
ETJ: Yes, City of Mercedes.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’S.
Paved: Yes, Mile 9 Road is paved. (Audio Reference 1h:20m:15s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 14.A.1.a

Vote: 4 - 0 – Unanimously

b. Rio Meadows Subdivision- Pct. 1 (DK3 Investments Group, LLC.) (Midway Street & Business 83)
No. of Lots: 56 Multi-Family
Flood Zone: X
Estimated Number of Streetlights:9
Filling Stations:7
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: Yes, City of Weslaco.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, provided by City of Weslaco
Paved: Yes, Midway Road is paved and 4 internal streets to be paved. (Audio Reference 1h:21m:00s)
 
Valde Guerra stated that Commissioner David Fuentes abstained from any discussion and/or action regarding Agenda Item 14.A.1.b.
 
The remaining members of the Court proceeded with a vote of approval for Agenda Item 14.A.1.b.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on agenda item 14.A.1.b.

Vote: 3 - 0 - Unanimously

2. Final Approval with Financial Guarantee
a. Leal Ranch Subdivision- Pct. 4 (Oscar Leal) (Mile 20 North Road & Valverde Road)
No. of Lots: 15 Single Family
Flood Zone: X
Number of Streetlights:N/A
Filling Stations:3
Drainage: Yes, Drainage will be provided by natural perculation and surface runoff will drain into Valverde Road side ditch & Mile 20 North Road side ditch.  Detention will be provided by widening the existing drain ditch.
ETJ: No, Rural area.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’S have been installed.
Paved: Yes, Mile 20 North Road and Valverde Road are paved.
* Final Approval with a cash deposit in the amount of $10,918.00 for (Drainage Improvements) (Audio Reference 1h:21m:18s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 14.A.2.a

Vote: 4 - 0 – Unanimously

b. Santa Cruz Ranches No. 4 Phase B Subdivision- Pct. 4 (KNK Farms, LLC.) (Mile 22 ½ North Road & Valverde Road)
No. of Lots: 48 Single Family
Flood Zone: X
Number of Streetlights:24
Filling Stations:9
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: No, Rural area.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’S have been escrowed.
Paved: Yes, Mile 22 ½ North Road and 3 internal streets have been paved.
* Final Approval with Letter of Credit No. 9100195190 in the amount of $72,000.00 for (48 OSSF’S)
* Final Approval with a cash deposit in the amount of $27,900.00 for (9 Filling Stations) (Audio Reference 1h:21m:50s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 14.A.2.b.

Vote: 4 - 0 - Unanimously

c. El Encantado Subdivision- Pct. 1 (E & W Cohrs, LLC.) (Mile 9 North Road & Hutto Road)
No. of Lots: 322 Single Family
Flood Zone: C
Number of Streetlights:45
Filling Stations:22
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: Yes, City of Donna.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, provided by North Alamo Water Supply Corporation.
Paved: Yes, Mile 9 North Road, Hutto Road and Ramsey Road are paved.10 internal streets have been paved.
* Final Approval with a cash deposit in the amount of $50,402.00 for (Other Improvements) (Audio Reference 1h:22m:13s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 14.A.2.c.

Vote: 4 - 0 - Unanimously

3. Final Approval
a. BT 2812 Subdivision- Pct. 4 (Gulf AMR, LLC) (F.M. 2812 & Cesar Chavez Road)
No. of Lots: 2 Commercial
Flood Zone: X
 Number of Streetlights:N/A
Filling Stations:1
Drainage: Yes, Drainage will be provided by natural perculation and surface runoff will be detained by onsite detention.
ETJ: Yes, City of Edinburg.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, OSSF’S will be installed at building permit stage.
Paved: Yes, F.M. 2812 is paved. (Audio Reference 1h:22m:30s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 14.A.3.a

Vote: 4 - 0 – Unanimously

b. Santa Isabella Subdivision Phase I- Pct. 1 (Tres Mundos Inv., LLC. (Mile 12 North Road & La Blanca Road)
No. of Lots: 234 Single Family
Flood Zone: C
Number of Streetlights:31
Filling Stations:12
Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
ETJ: Yes, City of Donna.
Water: Yes, provided by North Alamo Water Supply Corporation.
Sewer: Yes, provided by North Alamo Water Supply Corporation.
Paved: Yes, Mile 12 North Road is paved and 11 internal streets have been paved. (Audio Reference 1h:22m:52s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 14.A.3.b.

Vote: 4 - 0 - Unanimously
 
15.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-92475
Authorization and approval to name a private road for 911 purposes as recommended by the RGVECD - 911 department: 
1. Lott Town & Improvements Subdivision, Block 114, off of Stites Road, Donna, Texas, as "Pena" SR (service road). (Audio Reference 1h:23m:22s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 15.A.

Vote: 4 - 0 - Unanimously
Attachments:
 
16.
 
Precinct #3 - Comm. Villarreal:
 
A.
AI-92542
Discussion and approval of Memorandum of Understanding between the Texas A&M Engineering Extension Service, the Texas A&M Public Works Response Team and Mr. Arnold Salazar and Participating Jurisdiction/Employer Hidalgo County Precinct 3. (Audio Reference 1h:23m:45s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 16.A.

Vote: 4 - 0 – Unanimously
Attachments:
 
17.
 
Precinct #4 - Comm. Torres:
 
A.
AI-92618
1. Requesting approval to accept counteroffer to purchase a tract of land known as Parcel No. 8 associated with the Russell Road Improvement Project (Rooth Rd to Mon Mack Rd) with authority for County Judge to sign the Administration Evaluation and Approval Form.
2. Requesting approval to accept counteroffer to purchase a tract of land known as Parcel No. 9 associated with the Russell Road Improvement Project (Rooth Rd to Mon Mack Rd) with authority for County Judge to sign the Administration Evaluation and Approval Form. (Audio Reference 1h:24m:08s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda items 17.A.1., and 17.A.2.

Vote: 4 - 0 – Unanimously

The Court proceeded to Agenda Item 22 - Closed Session (Audio Reference 1h:25m:15s)
Attachments:
 
18.
 
Budget & Management:
 
A.
AI-92540
1.  Public Hearing on the 2024 Proposed Budget as per Texas Local Government Code 111.067 (Audio Reference 51m:15s)

Judge Richard Cortez opened a public hearing at 2:37 P.M., regarding the 2024 Proposed Budget as per Texas Local Government Code 111.067, however, there were no participants for the public hearing. Judge Cortez closed the public hearing at 2:38 P.M.

No action was taken for Agenda Item 18.A.1.

Director of Budget and Management, Dagoberto Soto, Jr., stated the orders for the publication for the public hearing were sent September 9 to the County Clerk's Office and the copy of the proposed 2024 Annual Budget was made available to the public in the County Clerk's Office, County Auditor's Office and the County Clerk's Office website September 20th 2023.

2.  Adoption of the 2024 Annual Budget at the departmental level. (Audio Reference 52m:25s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 18.A.2.

Vote: 5 - 0 – Unanimously

The Court proceed with a record vote of approval on Agenda Item 18.A.2.

Pct. 1 Commissioner David Fuentes voted aye.
Pct. 2 Commissioner Eduardo "Eddie" Cantu voted aye.
Pct. 3 Commissioner Everardo "Ever" Villarreal voted aye.
Pct. 4 Commissioner Ellie Torres voted aye.
County Judge Richard F. Cortez voted aye.

3.  Approval of Hidalgo County Pay Tables. (Audio Reference 53m:10s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 18.A.3.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-92638
Consider and approve an order authorizing issuance, sale and delivery Hidalgo County, Texas Certificates of Obligation, Series 2023; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County’s parks as authorized pursuant to chapter 320, local government code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto. (Audio Reference 53m:28s)

Bobby Villarreal, with Estrada Hinojosa Investment Banking, presented the pricing summary for the Hidalgo County, Texas Certificates of Obligation, Series 2023.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 18.B.
                                                                              
Vote: 5 - 0 – Unanimously

The Court proceed with a record vote of approval on Agenda Item 18.B.

Pct. 1 Commissioner David Fuentes voted aye.
Pct. 2 Commissioner Eduardo "Eddie" Cantu voted aye.
Pct. 3 Commissioner Everardo "Ever" Villarreal voted aye.
Pct. 4 Commissioner Ellie Torres voted aye.
County Judge Richard F. Cortez voted aye.
 
C.
 
American Rescue Plan Act:
 
1.
AI-92613
Requesting approval for a budget amendment for Hoehn Stormwater Project (ARPA-22-124-097) to $714,521.43. (Audio Reference 59m:11s)

Commissioner Ellie Torres stepped away from the meeting at this time.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 18.C.1.

Vote: 4 - 0 -Unanimously 

The Court proceeded to Agenda Item 7.A. (Audio Reference 1h:00m:08s)
Attachments:
 
19.
 
Purchasing Department - 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 FORWARDED 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.
 
Executive Office
 
1.
AI-92565
Requesting approval of Supplemental Agreement No. 1 between Hidalgo County and L&G Consulting Engineers, for the RGV - MPO Technical Advisory Committee & Transportation Policy Board Advisor (C-21-117-11-30), to extend the termination date of the agreement. (Audio Reference 1h:41m:00s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 19.A.1.

Vote: 3 - 0 - Unanimously
 
B.
 
Pct. 1
 
1.
AI-92610
Pursuant to Texas Government Code §791.014 discussion, consideration and approval of the Precinct 1 Hike and Bike Trail Project beginning at the Harlon Sports Complex Park through Irrigation District No. 9 Right of Way and property and ending at South Midway Rd., as noted in the Interlocal Cooperation Agreement approved on September 19th, 2023, AI 92479. (Audio Reference 1h:41m:27s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 19.B.1.

Vote: 3 - 0 - Unanimously
Attachments:
 
C.
 
Pct. 4
 
1.
AI-92572
Requesting acceptance and approval of the Certification of Construction Completion from Rene Guerra and Son Hauling Services, LLC, for the Hidalgo County Precinct 4 Construction of Davis Road Citizen Collection project (C-22-0026-11-29), with a final payment amount of $95,680.74 as recommended by Project Engineer RO Engineering, PLLC; with the authority for County Judge to sign all required documentation. (Audio Reference 1h:41m:58s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 19.C.1.

Vote: 3 - 0 - Unanimously
 
2.
AI-92573
Requesting approval of Supplemental Agreement No. 4 to Work Authorization No. 1 between Hidalgo County and Chanin Engineering, LLC, for the Design, Renovation and Construction of Pueblo De Palmas Park for Hidalgo County Precinct No.4 (C-20-596-03-02), to increase the design fee by $770.00 based on the increase to the construction cost. (Audio Reference 1h:42m:26s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 19.C.2.

Vote: 3 - 0 – Unanimously

The Court proceeded to Agenda Item 19.E. (Audio Reference 1h:42m:50s)
 
D.
 
IT Department
 
1.
AI-92399
Requesting acceptance and approval of the Merchant Payment Card Processing Agreement between HC IT Department and Tyler Technologies, Inc. for JP 4 Place 2 payment card processing, with authority for the County Judge to sign any required documents. (Audio Reference 37m:10s)

On motion by INAUDIBLE, seconded by INAUDIBLE, the Court made a UNANIMOUS vote of approval on agenda item 19.D.1.

Vote: 5 - 0 – Unanimously

The Court proceeded to Agenda Item 5.B. (Audio Reference 39m:50s)
 
E.
 
WIC
 
1.
AI-92599
Requesting acceptance and approval to award contract to the qualified sole responsive bidder meeting all specifications, for Hidalgo County WIC Program "Lease of Office Space-City of Alton (West)" (C-23-0278-09-26) to RReal LLC, with authority for County Judge to sign all required documentation. (Audio Reference 1h:42m:50s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 19.E.1.

Vote: 3 - 0 – Unanimously
 
2.
AI-92595
Requesting acceptance and approval to award contract to the qualified sole responsive bidder meeting all specifications, for Hidalgo County WIC Program "Lease of Office Space-City of Alton (East) (C-23-0257-09-26) to XIN GUO, with authority for County Judge to sign all required documentation. (Audio Reference 1h:43m:10s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 19.E.2.

Vote: 3 - 0 – Unanimously
 
3.
AI-92593
Requesting approval to exercise the "Cancelation Notice" as stated in the "Commercial Purchase, Lease and Services Agreement" with ASG Security dba ADT Security, for eight Hidalgo County WIC locations (see termination notice). (Audio Reference 1h:43m:32s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 19.E.3.

Vote: 3 - 0 - Unanimously
 
F.
 
Co. Wide
 
1.
AI-92569
A. Requesting approval to award contract to Spikes Motor Company for "Purchase of Hidalgo County Vehicles" to the lowest responsive bidder meeting all specifications. (Audio Reference 1h:43m:58s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 19.F.1.A

Vote: 3 - 0 - Unanimously

B. Pursuant to Article 4.14 of the Legal Notice, requesting authority to waive minor technicalities for submission requirements to RFB received.(Audio Reference 1h:44m:14s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 19.F.1.B.

Vote: 3 - 0 – Unanimously
 
2.
AI-92579
Requesting approval to award MLG Protection Services, the lowest responsive and responsible bidder meeting all HC specifications and requirements for "Security Guard Services", with authority for County Judge to sign all required documents (C-23-0108-09-26). (Audio Reference 1h:44m:42s)

Valde Guerra stated that Commissioner Everardo "Ever" Villarreal abstained from any discussion and/or action regarding Agenda item 19.F.2.
 
The remaining members of the Court proceeded with a vote of approval for Agenda item 19.F.2.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by Judge Richard F. Cortez, the Court made a UNANIMOUS vote of approval on agenda item 19.F.2.

Vote: 2 - 0 - Unanimously
 
3.
AI-92550
Requesting approval to award finalized negotiated contracts to the ranked vendors (AI-92112 on 9/5/2023) for project pre-positioned "Disaster Recovery Services; Debris Clearance, Removal, & Other Miscellaneous Related Services" to the following:
  • 1st CTC Disaster Response, Inc (C-23-0161A-09-26);
  • 2nd DRC Emergency Services, LLC (C-23-0161B-09-26); 
  • 3rd CrowderGulf, LLC (C-23-0161C-09-26);
  • 4th TFR Enterprises, Inc. (C-23-0161D-09-26);
  • 5th AshBritt, Inc. (C-23-0161E-09-26);
  • 6th Ceres Environmental Services, Inc. (C-23-0161F-09-26). (Audio Reference 1h:45m:13s)
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 19.F.3.

Vote: 3 - 0 – Unanimously
 
20.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) New Courthouse Project Updates
2) Update on ongoing county owned building construction, relocation and/or renovation repair projects
3) Emergency situations occurring since last agenda meeting

(Audio Reference 1h:46m:00s)

No action taken on Agenda Items 20.A.1., 20.A.2., nor 20.A.3.
 
B.
AI-92578
1. Approval to accept Settlement Offer from SNAP Insurance Service LLC in the amount of $7,380.15 to settle auto accident claim with County vehicle. (Sheriff Office)
2. Approval to authorize Valde Guerra, County Executive Officer, to sign the Property Damage Release form to settle auto accident claim with SNAP Insurance Service LLC. (Sheriff Office) (Audio Reference 1h:46m:07s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval on agenda item 20.B.1., and 20.B.2.

Vote: 3 - 0 - Unanimously
 
21.
 
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. American Rescue Plan Act (ARPA) Funds (Audio Reference 1h:46m:38s)

No action taken on Agenda Item 21.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 1h:46m:48s)

No action taken on Agenda Item 21.B

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:46m:51s)

No action taken on Agenda Item 21.C.

The Court proceeded to Agenda Item 24.A. (Audio Reference 1h:47m:04s)
 
22.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following: (Audio Reference 1h:25m:15s)

The Court proceeded into Closed Session with a vote of approval at 3:11 P.M.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

Reference Agenda Item 23.A.
 
B.
 
Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client privilege under the authority of the Open Meetings Act Section 551.071, Government Code.
1. Ongoing New Courthouse Construction Project

Reference Agenda Item 23.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference Agenda Item 24.C.
 
D.
AI-92576
Claim of Justin Cerelli

Reference Agenda Item 24.D.
 
23.
 
A. 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." (Audio Reference 1h:47m:38s)

No action taken on Agenda Item 23.A.

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295) (Audio Reference 1h:47m:43s)

No action taken on Agenda Item 23.B.

The Court proceeded to Agenda Item 25 - Closed Session. (Audio Reference 1h:47m:48s)
 
24.
 
Open Session: (Audio Reference 1h:26m:35s)

The Court returned from Closed Session at 3:58 P.M.

Commissioner Eduardo "Eddie" Cantu did not return from Closed Session.

The Court proceeded to Agenda Item 9.B. (Audio Reference 1h:26m:42s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:47m:05s)

No action taken on Agenda Item 24.A.
 
B.
 
Pending and/or potential litigation
1. Ongoing New Courthouse Construction Project (Audio Reference 1h:47m:10s)

No action taken on Agenda Item 24.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:47m:15s)

No action taken on Agenda Item 24.C.
 
D.
AI-92577
Claim of Justin Cerelli (Audio Reference 1h:47m:24s)

Valde Guerra requested for settlement authority to make an offer in the amount of $2,281.00

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on agenda item 24.D.

Vote: 3 - 0 – Unanimously

The Court proceeded to Agenda Item 23.A (Audio Reference 1h:47m:38s)
 
25.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed (Audio Reference 1h:47m:48s)

The Court did not proceed to Agenda Item 27 - Closed Session.
 
26.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed (Audio Reference 1h:47m:54s)

The Court did not proceed to Agenda Item 26 - Open Session.
 
27.
 
Adjourn (Audio Reference 1h:48m:27s)

Judge Cortez adjourned the meeting with a vote of approval at 4:20 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 3 - 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 26th day of September, 2023

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


By: ______________________________
Daniela E. Garza, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on September 26, 2023.

Signed this 28th day of September 2023




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


By: ____________________________
(Seal) Daniela E. Garza, Deputy