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Minutes for CC REGULAR AGENDA REGULAR MTG

REGULAR MEETING - SEPTEMBER 24, 2024

BE IT REMEMBERED, that on this 24th day of September A.D., 2024, 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 24, 2024
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 21m:29s)

Judge Richard F. Cortez called the meeting to order at 2:03 P.M.

All members of the Court were present during the roll call, except Commissioner Eduardo "Eddie" Cantu.

Commissioner Eduardo "Eddie" Cantu joined the meeting at a later time.
 
2.
 
Pledge of Allegiance (Audio Reference 21m:29s)

Hidalgo County Sheriff Deputy, Tony Vargas, led the Court in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 22m:41s)

Hidalgo County Domestic Relations Officer, Ida Trejo, offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 23m:50s)

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

See the consent agenda for the action taken.
 
5.
 
Open Forum (Audio Reference 27m:36s)

Open Forum Participant Fern McClaugherty, came before the Court to express her concerns about the current tax rate and proposed lowering it to $0.1087 per $100 tax valuation.

Participant Diane Tether, came before the Court to express her gratitude towards the Court for the tremendous work they have done. Furthermore, Ms. Tether stated that she agreed with the Court to maintain the current tax rate for the upcoming year. Ms. Tether also made a recommendation to provide more public transportation.

Participant Gustavo Chapa, thanked the Court for being good stewards for the County and its constituents. Mr. Chapa suggested to the Court that the property tax rate be lowered to $0.47 per $100 tax valuation.

Participant Ramon Salinas, came before the Court to suggest that the property tax rate be lowered and also frozen for retired individuals like him who live on a set income.

Public participant Martha Cantu, came before the Court to suggest lowering the property tax rate for the upcoming year.
 
6.
 
Sheriff's Office:
 
A.
AI-96816
LEO Technologies: 
Authorization and Approval for Hidalgo County Sheriff to sign required documents to enter into agreement with LEO Technologies and Verus System. (Audio Reference 40m:42s)

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 6.A.

Vote: 5 - 0 - Unanimously
 
B.
AI-96738
Sheriff's Office - D.O.J. (1229):
Requesting approval of appropriation of funds in the amount of $31,000.00 needed for the purchase of new uniforms for Hidalgo County Sheriff's Office. (Audio Reference 41m:15s)

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 6.B.

Vote: 5 - 0 - Unanimously

The Court proceeded to Agenda Item 12.A. (Audio Reference 41m:48s)
Attachments:
 
7.
 
Constable Pct. #2:
 
A.
AI-96787
Requesting approval of an Interlocal Agreement between The Lower Rio Grande Valley Development Council and the County of Hidalgo by and through the Hidalgo County Constable Precinct 2 Office for The Texas Commission On Law Enforcement (TCOLE) Training Reporting. (Audio Reference 45m:08s)

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 7.A.

Vote: 5 - 0 - Unanimously

The Court proceeded to Agenda Item 9.A. (Audio Reference 45m:58s)
 
8.
 
Constable Pct. #3:
 
A.
AI-96711
Constable Pct. 3 STOP Truancy Program (1285):
1. Approval to renew Interlocal agreement between Hidalgo County and La Joya ISD for the FY 2025 (period of 9-1-2024 to 8-31-2025) in relation to the STOP Truancy Program with authority for the County Judge, as authorized official, to execute agreement. 
2. Approval of certification of revenues, as certified by the Co. Auditor, and appropriation of the same. (Audio Reference 46m:37s)

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

The Court proceeded to Agenda Item 11.A.1. (Audio Reference 47m:05s)
 
9.
 
Constable Pct. #4:
 
A.
AI-96767
Hidalgo County Constable Pct.4 - AED Grant Application 
1. Authorization and approval to apply for the AED Grant with AEDGrant.com
2. Authorization and approval for Hidalgo County Constable Pct.4 Constable to sign, as Applicant, the application and any related documents. (Audio Reference 45m:59s)

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 items 9.A.1.. and 9.A.2.

Vote: 5 - 0 – Unanimously

The Court proceeded to Agenda Item 8.A. (Audio Reference 46m:35s)
Attachments:
 
10.
 
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
3. Budget Amendment Policy - Personnel Related Amendments

(Audio Reference 55m:08s)

No action was taken on Agenda Item 10.A.
 
B.
AI-96775
CSLFRF-El Paraiso CRC Project (1290):
Approval of the following actions, effective upon Commissioners Court approval:
Action Dept./Prg. Slot # Position Title Grade
Create 115-264 0001 Division Manager I 14
Create 115-264 0002 Administrative Assistant IV 10
Create 115-264 0003 - 0004 Clerk III 05

(Audio Reference 55m:19s)

Participant Fern McClaugherty came before the Court to request clarification on what all these resources are for. Commissioner Everardo "Ever" Villarreal stated that this is for a new clinic being built at Los Ebanos Rd., to which there is a deadline to use the ARPA funds to create these new positions before December. Commissioner Villarreal added that this is to help the community in continuing education courses.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 10.B.

Vote: 5 - 0 - Unanimously

The Court proceeded to Agenda Item 13.A. (Audio Reference 57m:33s)
Attachments:
 
11.
 
Health & Human Services Department:
 
A.
 
Health Care Funding District:
 
1.
AI-96233
A. Public Hearing, at 2:30 pm, to consider public comments concerning the amount of mandatory payments required to be paid by paying hospitals for the District’s fiscal year 2025 (September 2024 – August 2025) and how the revenue derived from those payments is to be spent. (Audio Reference 47m:07s)

Judge Richard Cortez opened a public hearing at 2:30 P.M., concerning the amount of mandatory payments required to be paid by paying hospitals for the District’s fiscal year 2025 (September 2024 – August 2025) and how the revenue derived from those payments is to be spent. A Public Participation Form was submitted by Fern McClaugherty for agenda item 11.A.1. Mrs. Fern McClaugherty came before the Court to request clarification if illegal immigrants receive benefits. Judge Cortez Closed the public hearing at 02:31 P.M.

No action was taken on Agenda Item 11.A.1.A.

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. (Audio Reference 47m:07s)
C. Consideration and approval for the Hidalgo County Tax Assessor/Collector to collect the mandatory payment required by Hidalgo County Health Care Funding District. (Audio Reference 49m:45s)

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 11.A.1.B., and 11.A.1.C.

Vote: 5 - 0 -Unanimously 

D. Consideration and approval to assess mandatory payment annual rate. (Audio Reference 51m:40s)

Chief Administrative Officer Eddie Olivarez recommended that the assessed mandatory payment annual rate be 6%.

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 11.A.1.D.

Vote: 5 - 0 -Unanimously 

E. Consideration and approval to set quarterly assessment dates. Assessment dates are:
1st Quarter due 11/30/2024
2nd Quarter due 02/28/2025
3rd Quarter due 05/31/2025
4th Quarter due 08/31/2025

(Audio Reference 54m:30s)

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 11.A.1.E.

Vote: 5 - 0 -Unanimously 

The Court proceeded to Agenda Item 10.A. (Audio Reference 55m:05s)
Attachments:
 
12.
 
Head Start Program:
 
A.
AI-96726
Discussion/Approval on Request Approval to Purchase Fire and Security Systems and Monitoring Services (Contract #654-21) through the Hidalgo County’s Membership/Participation with the Texas Association of School Board (TASB) Buyboard’s Multiple Awarded Vendor, Superior Alarms, for the Term of the TASB Contract Expiring on 11.30.24. (Audio Reference 41m:49s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 12.A.

Vote: 5 - 0 - Unanimously
 
B.
AI-96724
Discussion/Approval to submit the following two (2) 2025 Budget Applications:
a. Department of Health and Human Services (DHHS)
b. Texas Department of Agriculture (TDA)

(Audio Reference 42m:35s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda items 12.B.a., and 12.B.b.

Vote: 5 - 0 - Unanimously

Commissioner Everardo "Ever" Villarreal thanked Mrs. Peña for her outstanding work and leadership. Mrs. Peña stated that all this was due to the hard work of her team, crediting the success of the Head Start Program to the arduous work of all the employees. County Executive Officer, Valde Guerra, added that he is in constant communication with Mrs. Peña and thanked her and her team for being responsive to any unforeseen issue. 

The Court proceeded to Agenda Item 7.A. (Audio Reference 45m:07s)
Attachments:
 
13.
 
Budget & Management:
 
A.
AI-96455
1.  Public Hearing on the 2025 Proposed Budget as per Texas Local Government Code 111.067. (Audio Reference 57m:35s)

Judge Richard Cortez opened a public hearing at 2:40 P.M., regarding the 2025 Proposed Budget as per Texas Local Government Code 111.067. Participant, Fern McClaugherty came before the Court to inquire if all the county departments are under the Step & Grade. County Executive Officer, Valde Guerra, stated that all the departments participate in the Step & Grade unlsess indicated otherwise. Judge Cortez Closed the public hearing at 2:41 P.M.

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

2.  Discussion, consideration, and action on changes and corrections to the 2025 Proposed Budget. (Audio Reference 59m: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 13.A.2.

Vote: 5 - 0 - Unanimously

3.  Adoption of the 2025 Annual Budget at the departmental level. (Audio Reference 59m: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 13.A.3.
                                                        
Vote: 5 - 0 – Unanimously

4.  Approval of Hidalgo County Pay Tables. (Audio Reference 59m:59s)

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 13.A.4.

Vote: 5 - 0 - Unanimously
 
B.
AI-96456
1. Public Hearing on 2024 Proposed Tax Rate of $0.5750 per $100 valuation. (Audio Reference 1h:00m:12s)

Judge Richard Cortez opened a public hearing at 2:42 P.M., regarding the 2024 Proposed Tax Rate of $0.5750 per $100 valuation. Public participant, Fern McClaugherty came before the Court to express her concern regarding the proposed tax rate. Mrs. McClaugherty stated that if the County were to lower the tax rate to $0.1087 per $100 valuation the County would bring almost the same amount brought in last year. Participant, Gustavo Chapa came before the Court to express that it is his understanding that the County does not provide very much to the city residents. Mr. Valde Guerra stated that the county provides infrastructure, including roadways, CRC, community services, and a multitude of items to all county residents, whether they reside in the city or in the rural areas of the county. Participant, Diane Tether came before the Court to thank them for all their hard work and suggested that the County continue investing in the  Employees and the County's infrastructure to bring everyone up in order to continue to make the Rio Grande Valley as good as it is. 

Commissioner Eduardo "Eddie" Cantu stated that, unfortunately, the Commissioner's Court did not decide how the constituents are taxed; this comes from the State Legislature. The Commissioner's Court does not decide whether the appraisals go up; the Texas Comptroller decides that. Commissioner Cantu added that if all costs for the county were fixed, then it would be their responsibility to lower or maintain a low tax rate. Commissioner David Fuentes stated that the Commissioner's Court has reduced the tax rate twice in the past. Commissioner Everardo "Ever" Villarreal mentioned to Mr. Gustavo Chapa that there are currently over 550 miles of unpaved roads in his precinct due to the lack of funds to pave them. Commissioner Villarreal added that it saddens him to know that many of his residents have to plan their activities in advance because of all the dust these unpaved roads cause. Furthermore, Commissioner Villarreal stated that seeing his employees work day in and day out in the heat makes him sad, especially knowing they are not being compensated enough for all their work. Judge Cortez stated that the best way to help the poor is not by lowering taxes but by giving them opportunities by building human capital. Judge Cortez added that the struggles are multiple, from infrastructure, social, environmental, financial, etc. Judge Cortez thanked everyone for their comments and said they would be considered. Commissioner Ellie Torres thanked all her fellow commissioners for all their hard work and stated that she believes all of them are good stewards of taxpayer money.

Judge Cortez Closed the public hearing at 2:59 P.M. 

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

2. Approval of order setting the 2024 Hidalgo County Tax Rates as follows: (Audio Reference 1h:17m:00s)
a. Maintenance and Operations Tax Rate -  0.5188

Commissioner David Fuentes moved to adopt a maintenance and operations tax rate of 0.5188 for each $100 valuation for all taxable property for general operating purposes.

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 13.B.2.a.
                                                        
Vote: 5 - 0 – Unanimously

The Court then proceeded with a record vote for Agenda Item 13.B.2.a.

Pct. No. 1 Commissioner David Fuentes voted aye.
Pct. No. 2 Commissioner Eduardo "Eddie" Cantu voted aye.
Pct. No. 3 Commissioner Everardo "Ever" Villarreal voted aye.
Pct. No. 4 Commissioner Ellie Torres voted aye.
Judge Richard F. Cortez voted aye.

b. Debt Service Tax Rate - 0.0562 (Audio Reference 1h:18m:08s)

Commissioner David Fuentes moved to adopt a debt service tax rate of 0.0562 for each $100 valuation for all taxable property to provide sinking funds and pay interest on the outstanding debts issuance, which include both bonds issuance and certificates of obligation.

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 13.B.2.b.
                                                        
Vote: 5 - 0 – Unanimously

The Court then proceeded with a record vote for Agenda Item 13.B.2.b.

Pct. No. 1 Commissioner David Fuentes voted aye.
Pct. No. 2 Commissioner Eduardo "Eddie" Cantu voted aye.
Pct. No. 3 Commissioner Everardo "Ever" Villarreal voted aye.
Pct. No. 4 Commissioner Ellie Torres voted aye.
Judge Richard F. Cortez voted aye.

c. Total Ad Valorem Tax Rate - 0.5750 (Audio Reference 1h:18m:45s)

Commissioner David Fuentes moved that the property tax rate be increased by adopting a tax rate of 0.5750 for each $100 valuation, which is effectively a 2.83% increase in the tax rate.

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 13.B.2.c.
                                                        
Vote: 5 - 0 – Unanimously

The Court then proceeded with a record vote for Agenda Item 13.B.2.c.

Pct. No. 1 Commissioner David Fuentes voted aye.
Pct. No. 2 Commissioner Eduardo "Eddie" Cantu voted aye.
Pct. No. 3 Commissioner Everardo "Ever" Villarreal voted aye.
Pct. No. 4 Commissioner Ellie Torres voted aye.
Judge Richard F. Cortez voted aye.
Attachments:
 
14.
 
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.
 
Hidalgo County
 
1.
AI-96796
A. Requesting approval of the final negotiated AIA Document (B-101-2017) Standard Form of Agreement between Hidalgo County and Milnet Architectural Services, PLLC, in connection with the "Architectural Services - Hidalgo County Annex II Remodel Office Interiors" project; (Audio Reference 1h:19m:30s)

 A Public Participation Form was submitted by Fern McClaugherty for agenda items 14.A.1, and 14.A.2.

Mrs. McClaugherty came before the Court to request clarification on where this property is located and what departments will be housed in it. Mr. Ignacio Amezcua stated that the address is 1101 S. 10th Avenue in Edinburg, TX, and that this is just a remodeling of the office interiors of the Annex II building.

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.1.A.

Vote: 5 - 0 - Unanimously

B. Pursuant to Article 1.1.11 of the AIA Document (B-101-2017) Standard Form of Agreement with Milnet Architectural Services, LLC, requesting authority to engage subcontractors, Simon Solorio, PE.  (Audio Reference 1h:20m:52s)

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 14.A.1.B.
                                                        
Vote: 5 - 0 – Unanimously
 
2.
AI-96567
A. Requesting approval of the final negotiated AIA Document (B-101-2017) Standard Form of Agreement between Hidalgo County and Milnet Architectural Services,PLLC, in connection with the "Architectural Services - Administration 1 Building Expansion Project" project; (Audio Reference 1h:21m:12s)

Mrs. McClaugherty came before the Court to request clarification on where this property is located and what departments will be housed in it. Mr. Ignacio Amezcua stated that the address is 2802 US Business 281 in Edinburg, TX, and that the departments in this building are the Tax Office, Purchasing Department, Planning Department, and Marshals.

Commissioner David Fuentes stepped away from the meeting.

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 14.A.2.A.

Vote: 4 - 0 - Unanimously

B. Pursuant to Article 1.1.11 of the AIA Document (B-101-2017) Standard Form of Agreement with Milnet Architectural Services, LLC, requesting authority to engage subcontractors, Simon Solorio, PE. (Audio Reference 1h:22m:11s)
 
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.2.B.

Vote: 4 - 0 - Unanimously
 
B.
 
Pct. 1
 
1.
AI-96773
A. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024(a)(4): a personal or professional services; (Audio Reference 1h:22m:29s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 14.B.1.A.

Vote: 4 - 0 - Unanimously

B. Presentation of the scoring grid, for the purpose of ranking by HCCC, of firms graded through the County's Pool of pre-qualified Professional Services for "[ARPA-22-121-044] - Geotechnical and Construction Material Testing Services - Hidalgo County Precinct 1 Mercedes Gate Structure Stormwater Project"
Evaluated Firms B2Z Engineering, LLC L&G Consulting Engineers, Inc. Terracon Consultants, Inc.
Evaluator No.1 2 1 3
TOTAL 2 1 3
RANK      
*Evaluation and Scoring conducted by Pct No.1

(Audio Reference 1h:22m:45s)

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 14.B.1.B., as ranked.

Vote: 4 - 0 – Unanimously


C. Requesting authority for the Hidalgo County Purchasing Department to negotiate a Professional Geotechnical and Construction Material Testing Services Agreement commencing with the number ranked firm of L&G Consulting Engineers, Inc., for the "[ARPA-22-121-044] - Geotechnical and Construction Material Testing Services - Hidalgo County Precinct 1 Mercedes Gate Structure Stormwater Project". (Audio Reference 1h:23m:06s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 14.B.1.C.

Vote: 4 - 0 - Unanimously
Attachments:
 
C.
 
Pct. 2
 
1.
AI-96811
Requesting acceptance and approval of Work Authorization No. 4 with an estimated cost of $279,264.40 as submitted by project engineer, L&G Consulting Engineers (C-16-199-07-19), to provide Engineering Services [as detailed in the document] for the Bus 281/SH 107 Intersection Project, with authority for the County Judge and Commissioner Precinct No. 2 to sign all required documentation. (Audio Reference 1h:23m:31s)

Commissioner David Fuentes rejoined the meeting at this time.

Participant Fern McClaugherty came before the Court to express her concerns about when this project will start. Mr. Ignacio Amezcua stated that once the project was approved by the Commissioner's Court, it would commence within the next few days.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 14.C.1.

Vote: 5 - 0 -Unanimously 
 
D.
 
Pct. 3
 
1.
AI-96784
Requesting acceptance and approval of the final negotiated On-Call Professional Engineering Services Agreement (C-24-0311-09-24) with KCI Technologies, Inc., for HSIP Projects located within Precinct 3, on an as-needed basis, as ranked and approved by CC (09/03/2024; AI-96587). (Audio Reference 1h:24m:56s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 14.D.1.

Vote: 5 - 0 - Unanimously
 
E.
 
Pct. 4
 
1.
AI-96727
Requesting acceptance and approval of the Certification of Construction Completion from Mor-Will, LLC, for the "[ARPA-22-124-096] North Main Drain III Phase II Stormwater Project", with the final payment of $149,889.49, as recommended by Project Engineer, HCDD No. 1. (Audio Reference 1h:25m:21s)

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 14.E.1.

Vote: 5 - 0 – Unanimously
 
F.
 
Health & Human Services Dept.
 
1.
AI-96652
A. Requesting acceptance and approval of Professional Engineering Services' final negotiated agreement (C-24-0289-09-24 / ARPA-23-340-330) with Texas Infrastructure Development Group, LLC, for the "[ARPA-23-340-330] - Professional Construction Management Services for La Mansion Health Clinic Project in Precinct 3", as ranked and approved by CC (08/20/24, AI-96329). (Audio Reference 1h:25m: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 14.F.1.A.

Vote: 5 - 0 - Unanimously

B. Requesting approval of Work Authorization No.1, with an estimated cost of $186,587.02, as submitted by Texas Infrastructure Development Group, LLC, through Hidalgo County's Professional Engineering Services Agreement (C-24-0289-09-24 / ARPA-23-340-330) to provide Professional Construction Management Services for "[ARPA-24-340-330] - Professional Construction Management Services for La Mansion Health Clinic Project in Precinct 3". (Audio Reference 1h:26m:13s)

On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on agenda item 14.F.1.B.

Vote: 5 - 0 - Unanimously
 
G.
 
WIC
 
1.
AI-96812
Requesting approval to purchase Mitel Phone Systems and accessories through HC's membership with Sourcewell Cooperative (Contract No. 120122-MBS), from Richline Technical Services, LLC dba Richline IT Solutions in the total amount of $76,017.50. (Audio Reference 1h:26m:38s)

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.G.1.

Vote: 5 - 0 – Unanimously
 
H.
 
District Attorney
 
1.
AI-96759
A. Requesting exemption from competitive bidding requirements pursuant to Texas Local Government Code 262.024 (a)(7)(A) for an item that can only be obtained from one source, including items for which competition is precluded because of the existence of patents, copyrights and secret processes or monopolies. (Audio Reference 1h:27m:00s)

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.H.1.A.

Vote: 5 - 0 – Unanimously

B. Requesting approval to enter into a twelve (12) month software license agreement for five (5) licenses with HotDocs Corporation, a subsidiary of Mitratech Holdings, Inc. in the total amount of $5,000.00. (Audio Reference 1h:27m:24s)

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.H.1.B.

Vote: 5 - 0 – Unanimously

The Court proceeded to Agenda Item 16 - Closed Session. (Audio Reference 1h:27m:45s)
 
15.
 
Executive Office:
 
A.
 
Presentation for discussion and possible action 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
4) Update on ongoing ARPA Projects

(Audio Reference 1h:28m:35s)

No action was taken on Agenda Item 15.A.1., 15.A.2., 15.A.3., nor 15.A.4.
 
B.
AI-96695
Approval of Resolution nominating candidate(s) for Hidalgo County Appraisal District Board of Directors for 2025-2027. (Audio Reference 1h:28m:41s)

County Executive Officer, Valde Guerra stated that the current Hidalgo County Appraisal District Board of Directors are Albert D. Cardenas, Joe D. Olivarez, Amador Requenez, Eddy Betancourt, and Richard A. Garza. Mr. Valde Guerra added that the Tax-Assessor Collector Paul Villarreal serves as a member as well. 

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.B.

Vote: 5 - 0 - Unanimously

The Court proceeded to Agenda Item 17.A. (Audio Reference 1h:29m:40s)
 
16.
 
Closed Session: (Audio Reference 1h:27m:46s)
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:

The Court proceeded into Closed Session with a vote of approval at 3:10 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: 5 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

Reference Agenda Item 18.A., for action taken.
 
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.

Reference Agenda Item 18.B., for action taken.
 
C.
AI-96800
Consultation with Legal Counsel Regarding Hidalgo County Civil Service Commission Complaint No. CONSTPCT#1-C-006 and Grievance No. 0424-CONSTPCT#1-T-007.

Reference Agenda Item 18.C., for action taken. 
 
D.
AI-96820
Consultation with Legal Counsel concerning settlement of Cause No. C-3781-23-D, Marilin Rodriguez et al v. Hidalgo County, pending in the 206th District Court of Hidalgo County, Texas.

Reference Agenda Item 18.D., for action taken. 
 
E.
AI-96769
Claim of Maria Del Carmen Castrejon. 

Reference Agenda Item 18.E., for action taken. 
 
F.
AI-96771
Claim of Sergio Cabriales.

Reference Agenda Item 18.F., for action taken. 
 
17.
 
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."
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:29m:47s)

No action was taken on Agenda Item 17.A., and 17.B.

The Court proceeded to Agenda Item 18.A. (Audio Reference 1h:29m:51s)
 
18.
 
Open Session: (Audio Reference 1h:28m:20s)

The Court returned from Closed Session at 3:42 P.M.

The Court proceeded to Agenda Item 15.A. (Audio Reference 1h:28m:34s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:29m:52s)

No action was taken on Agenda Item 18.A.
 
B.
 
Pending and/or potential litigation. (Audio Reference 1h:29m:56s)

No action was taken on Agenda Item 18.B.
 
C.
AI-96801
Possible action to authorize resolution of Hidalgo County Civil Service Commission Complaint No. CONSTPCT#1-C-006 and Grievance No. 0424-CONSTPCT#1-T-007. (Audio Reference 1h:30m:00s)

 Mr. Valde Guerra requested the Court to entertain a motion to resolve the complaint.

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 18.C.

Vote: 5 - 0 - Unanimously

Mr. Guerra requested authority for himself as the County Executive Officer to sign all documents in the resolution of this case.

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.

Vote: 5 - 0 -Unanimously 
 
D.
AI-96821
Consultation with Legal Counsel concerning settlement of Cause No. C-3781-23-D, Marilin Rodriguez et al v. Hidalgo County, pending in the 206th District Court of Hidalgo County, Texas. (Audio Reference 1h:30m:52s)

 Mr. Valde Guerra requested the Court to entertain a motion in settlement of Cause No. C-3781-23-D, Marilin Rodriguez, et al. v. Hidalgo County, pending in the 206th District Court of Hidalgo County, and authorize himself as County Executive Officer to sign any and all settlement documents in settlement of this case.

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.D.

Vote: 5 - 0 - Unanimously
 
E.
AI-96770
Claim of Maria Del Carmen Castrejon. (Audio Reference 1h:31m:27s)
                                                
Mr. Valde Guerra requested settlement authority to make an offer in the amount of $571.44.

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.E.

Vote: 5 - 0 - Unanimously
 
F.
AI-96772
Claim of Sergio Cabriales. (Audio Reference 1h:31m:41s)
                                                
Mr. Valde Guerra requested settlement authority to make an offer in the amount of $400.00 dollars.

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.F.

Vote: 5 - 0 - Unanimously
 
19.
 
Closed Session: (Audio Reference 1h:32m:00s)
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The Court did not proceed into Agenda Item 19 - Closed Session.


 
20.
 
Open Session: (Audio Reference 1h:32m:02s)
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The Court did not proceed into Agenda Item 20 - Open Session.
 
21.
 
Adjourn (Audio Reference 1h:32m:05s)

Judge Richard F. Cortez adjourned the meeting with a vote of approval at 6:46 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: 5 - 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 24th day of September, 2024

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 24, 2024.

Signed this 26th day of September, 2024




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


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