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Minutes for CC REGULAR

SPECIAL MEETING - February 25, 2014

BE IT REMEMBERED, that on this 25th day of February 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 JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

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
February 25, 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:

 
1.
 
Roll Call

All members of the Court were counted present for the exception of Commissioner Hector "Tito" Palacios and Commissioner Joe Flores.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Jaime Longoria led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 11.C.2 and 11.K to be pulled for discussion.
 
5.
 
County Judge's Office:
 
A.
AI-43304
Proclamation in Support of the Establishment of South Texas College in the Delta Area
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
B.
AI-43282
Proclamation Declaring March 2014 As "Red Cross Month"
 

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: 3 - 0 - Unanimously

Attachments:
 
6.
 
Executive Officer - Valde Guerra:
 
A.
 
1. 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."

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 as it pertains to Item D: CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al.

Vote: 3 - 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 as it pertains to Item E: Rodriguez, et al v. Hidalgo County & Sheriff.

Vote: 3 - 0 - Unanimously

2. Requesting engagement with the firm of GUERRA, LEEDS, SABO, & HERNANDEZ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

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 as it pertains to Item D: CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al.

Vote: 3 - 0 - Unanimously

2. Requesting engagement with the firm of PRESTON HENRICHSON for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

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 as it pertains to Item E: Rodriguez, et al v. Hidalgo County & Sheriff.

Vote: 3 - 0 - Unanimously
 
B.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Renovations to Former Administration Building 1st and 2nd Floors
2) Update on other ongoing county owned building construction and renovation repair projects
3) Emergency situations occurring since last agenda meeting

NO ACTION on Items 1 - 3.
 
C.
AI-43263
Approval to accept settlement check from Fred Loya Insurance Company in the amount of $300.80 to settle auto accident with County vehicle. (Sheriff Office)
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
D.
AI-43310
 Authorization for Commissioner Cuellar to sign discharge monitoring reports for Delta Lake wastewater treatment plant for period from April, 2013 to September, 2013. Environmental Compliance Office will submit reports to Texas Commission on Environmental Quality.
 

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: 3 - 0 - Unanimously

 
E.
AI-43198
Authorization for Judge Ramon Garcia to sign Discharge Monitoring Report (DMR) Address and Signatory Authority Form (TCEQ-20431) authorizing county's Environmental Compliance Coordinator to sign DMRs and submit to TCEQ the waste water treatment plant at Delta Lake Park in Precinct 1.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
F.
AI-43290
1.  Discussion and possible action on an Order authorizing the Proposed Resale of Foreclosed Real Estate Properties pursuant to Texas Property Tax Code Section 34.05 (a), (c) and (d).

The Proposed Resale of Foreclosed Real Estate Properties will be held April 1 2014. 

     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: 3 - 0 - Unanimously

2.  Consider request from City of Pharr Commissioners to approve a Resolution authorizing the resale of tax foreclosed property, account number K2400-00-000-0181-09.

Mr. Guerra stated there was a correction on this item in which it will be an Order, not a Resolution.

     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:
3 - 0 - Unanimously
 
G.
AI-43296
Cancellation/termination of appointment of Luciano Garza as volunteer intern
 

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: 3 - 0 - Unanimously

Attachments:
 
7.
 
Constables:
 
A.
AI-43223
Constable Pct. 1 (1284) LBSP:
1. Authorization and Approval to accept the Local Border Security Program FY 2014 (LBSP-14) Grant award no. LBSP-14-0028

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Authorization for County Judge, as authorized official, to sign grant award form 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: 3 - 0 - Unanimously

3. Authorization to pay overtime reimbursable under the grant terms and conditions.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

4. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program Fy2014 (LBSP-14)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

5. Approval to appropriate funds from the LBSP-14 grant award in the amount of $46,000.00

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-43239
Constable Pct. #2:
1. Authorization and approval to accept the Local Border Security Program FY 2014 Grant (LBSP-14).

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Authorization for County Judge, as authorized official, to sign grant award form 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: 3 - 0 - Unanimously

3. Authorization to pay overtime reimbursable under the grant terms and conditions.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

4. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY 2014 (LBSP-14).

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

5. Approval to appropriate the budget for LBSP-14 grant award in the amount of $15,000.00.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

Mr. Eufracio commented on Item 3 from the Constables Pct. 1 and Pct. 2 in regards to overtime.  He questioned when overtime should be paid.  He stated that Commissioners' Court took action in 2003 to reduce the amount of hours to 80 from 86.  Commissioners' Court then changed the Civil Service Commission rules; therefore, they are currently gathering information to determine what is the correct amount of hours after which overtime is paid.
Attachments:
 
C.
AI-43210
Constable Precinct #3:
Presentation and discussion of 2013 Racial Profiling Report as presented by Hidalgo County Constable Precinct 3 Department in accordance with Article 2.134 of the Texas Code of Criminal Procedures.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
D.
AI-43067
Constable Pct. #4:
Presentation and discussion of the 2013 Racial Profiling Report as presented by the Hidalgo County Constable Precinct 4 Office, in accordance with Article 2.133 of the Texas Code of Criminal Procedure
 

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: 3 - 0 - Unanimously

Attachments:
 
E.
AI-43307
Constable Pct. #5:
Requesting authorization for Valde Guerra, Executive Officer to submit, on behalf of Constable Pct. 5 Office, the FY2013 Chapter 59 Asset Forfeiture Report, as required by the Office of the Attorney General.
 

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: 3 - 0 - Unanimously

Attachments:
 
8.
 
Human Resources - Esther Cortez:
 
A.
AI-43241
Precinct #1- Road Maintenance (1100):
1. Approval of the following personnel actions:
 
Action Dept/Program Slot No. Position Title Proposed /
Budgeted Salary
Delete 121-005 0036 Heavy Equipment Operator II $30,748.00
Create 121-005 0144 Truck Driver II $28,745.00

Mr. Eufracio clarified that the caption should read (1200) not (1100).

     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 with clarification.

     Vote: 3 - 0 - Unanimously

2. Approval to create one (1) full-time temporary position not to exceed six (6) months as follows:
 
Action Dept/Program Slot No. Position Title Proposed Budgeted Salary
Create 121-005 T0143 Truck Driver I $25,000.00

3. Approval of revised salary schedule.

     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 of Items 2 and 3.

     Vote: 3 - 0 - Unanimously
 
B.
AI-43266
Precinct #1 - Parks (121-013)
1.  Approval of the following personnel actions:
 
Action Dept/Program Slot # Position Title Proposed /
Budgeted Salary
Delete 121-013 022 Director of Parks $ 56,650.00
Create 121-013 025 Truck Driver I $ 26,000.00
Create 121-013 026 Truck Driver I $ 26,000.00

2.  Approval of revised salary schedule.
 

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 of Items 1 and 2.

Vote: 3 - 0

 
C.
AI-43056
Countywide Shop (1200):
1.  Approval of the following personnel actions:
Action Department Slot No. Position Title Budgeted Salary
Delete Countywide Shop 0001 Mechanic IV $53,475.00
Delete Countywide Shop 0007 Mechanic III $32,131.00
Create Countywide Shop 0009 Heavy Equipment Mechanic Supervisor $55,642.00
Create Countywide Shop 0010 Mechanic IV $47,703.00


2.  Approval of interdepartmental transfer
3.  Approval of revised salary schedule

Mr. Eufracio had an issue with the funding for the created positions. Sergio Cruz, Budget Officer, explained that there will be a budgetary impact for fiscal year 2014 in the amount of $18,000 and fiscal year 2015 in the amount of $21,473.00. For 2014, they are using contingency funds, however there will be a budgetary impact for 2015. Mr. Eufracio also commented on the policy put in place to prevent the creation of new positions and increase salaries due to the budget shortfall. Mr. Cruz explained that the policy refers to the General Fund, yet these fall under the Road and Bridge account (Special Purpose Funds).

     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 on Items 1, 2 and 3.

     Vote: 3 - 0 - Unanimously
 
9.
 
Sheriff's Office:
 
A.
AI-43141
Sheriff's Office - COPS Universal Hiring 13 (1284)
1. Approval to appropriate budget for COPS Universal Hiring 13 Grant Retention Phase.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Approval of Salary Schedule

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
Attachments:
 
B.
AI-43150
Pursuant to Hidalgo County Cellular Telephone Policy(Contract: DIR-SDD-1780), presentation for consideration, acceptance and approval of Cellular Phone Request Form (Data Card Request) for the following:

Approval for requisition # 251878 for 10 Custom 3GB Pooled Data Plans ($40.00 each per month)
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0

Attachments:
 
C.
AI-43145
Approval to appropriate $299,280.00 from the unreserved fund balance in the Sheriff's Federal
Sharing - U.S. Department of Treasury (Fund 1228).
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
D.
AI-43227
Authorization and approval for County Judge, as authorized official, to sign the State Administrative Agency Extension Request Form for the Operation Stonegarden 2012 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: 3 - 0 - Unanimously

Attachments:
 
E.
AI-43215
1. Authorization and approval to accept the Local Border Security Program FY 2014 Grant (LBSP-14).

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS , the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Authorization for County Judge, as authorized official, to sign grant award form 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: 3 - 0 - Unanimously

3. Authorization to pay overtime reimbursable under the grant 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: 3 - 0 - Unanimously

4. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY 2014 (LBSP-14).

     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: 3 - 0 - Unanimously

5. Approval to appropriate the budget for LBSP-14 grant award in the amount of $174,676.00.

     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: 3 - 0 - Unanimously
 
F.
AI-43253
Requesting authorization for the County Judge to execute the 2013 Equitable Sharing Agreement and Certification Report.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-42912
1.  Requesting approval to accept the Tuberculosis Prevention and Control - Federal grant contract amendment #2014-001400-01.  The purpose of this amendment is to increase the grant funding in the amount of $148,732.00, include various requirements and to add Special Provisions.
2.  Requesting approval for County Judge to e-sign the TB/PC-Fed contract. 
3.  Requesting approval of the Certification of Revenue in the amount of $148,732.00.  
4.  Requesting approval of the budget appropriation in the amount of $148,732.00 from federal funds and $16,125.00 from local match.   
 

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 - 4.

Vote: 3 - 0 - Unanimously

 
B.
AI-43142
Public hearing to consider public comments for the Rules for Regulation of Food Establishments in the Unincorporated Areas of Hidalgo County, pursuant to Texas Health & Safety Code Ann. Section 437.001 ET Seq., as amended; 25 Texas Administrative Code Section 229.161 - 229.171, 229.173 - 229.175, as amended; 25 Texas Administrative Code section 229.373, as amended. 
Topics for discussion include: 
1.  Fee changes
2.  Permit application process
3.  Inspections
4.  Parking, water and electricity agreements
5.  Push cart regulations
6.  Flea market requirements
7.  Mobile food vendor requirements

NO ACTION on Items 1 - 7.
Attachments:
 
C.
AI-43174
Discussion, consideration and approval of the Rules for Regulation of Food Establishments in the Unincorporated Areas of Hidalgo County, pursuant to Texas Health & Safety Code Ann. Section 437.001 ET Seq., as amended; 25 Texas Administrative Code Section 229.161 - 229171, 229173 - 229.175, as amended; 25 Texas Administrative Code section 229.373, as amended. 

NO ACTION taken on this Item.
 
D.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

NO ACTION taken on this Item.
 
E.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

NO ACTION taken on this Item.
 
11.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-43229
Requesting permission to allow Fire Marshal Juan Martinez to attend the 2014 International Training Conference for Fire & Arson Investigators in Las Vegas, Nevada on April 13-18, 2014. Meals-Requisition#251341 Airfare-Requisition#251312 Registration-Requisition#251317 Hotel-Requisition#251298
 

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: 3 - 0 - Unanimously

 
12.
 
Urban County - Diana Serna:
 
A.
AI-43153
 Urban County Program on behalf of Hidalgo County Precinct No. 3 is requesting authority to purchase park equipment through Hidalgo County’s membership and participation with TXMAS (State Travel Management Program) approved vendor Kidstuff Playsystems, Inc., (contract # TXMAS-14-78010) in the amount of $95,457.00 (quote attached hereto) to include shipping fees. Hidalgo County Precinct No. 3 –Sullivan City forfeited funds under UCP Year 26 (2013) Parks, Recreational Equipment funds will be utilized.
 

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: 3 - 0 - Unanimously

Attachments:
 
13.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-43233
Discussion and/or action, including but not limited to Elections updates

A presentation was made on a new feature within the Elections department website called the Voter Lookup Tool.  It allows users to search the precinct they live in, then search the sample ballots by entering their name.  Results are also available in a user friendly and visually appealing manner.
 
14.
 
Head Start Program - Teresa Flores:
 
A.
AI-43099
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to the County's Surplus Department for Proper Disposition
 

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: 3 - 0 - Unanimously

Attachments:
 
B.
AI-43100
Discussion/Approval to Advertise and Approval of Statement of Qualifications, Requirements and Scope of Services for the Following: a. Medical/Dental Providers b. Mental Health Providers c. Sign Language Interpreting Providers
 

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: 3 - 0 - Unanimously

Attachments:
 
C.
AI-43104
Discussion/Approval of Poverty Income Guidelines and Priority Guidelines for Selection and Enrollment for Program Year 2014-2015
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
15.
 
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-43177
Requesting  permission to submit Letter of Intent to Submit Applications (ISA) for the 2015 Discretionary Grant under the Texas Indigent Defense Grant program for the creation of the Hidalgo County Public Defender - Capital Murder Section."
 

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: 3 - 0 - Unanimously

Attachments:
 
16.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-43244
 Approval to appoint Josue Reyes to the Hidalgo County Regional Mobility Authority Board of Directors, for a two year term Effective Feb. 25, 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: 3 - 0 - Unanimously

Attachments:
 
B.
AI-43184
1. Requesting approval of payment to the Texas Commission on Environmental Quality (TCEQ) in the amount of $1,312.50 for the renewal of yearly permit for Delta Lake Park.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously

2. Requesting approval of payment to the Texas Commission on Environmental Quality (TCEQ) in the amount of $574.61 for Air Emissions Fee.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 3 - 0 - Unanimously
 
C.
AI-43082
Authorization and Approval of name change as recommended by the LRGVDC.
Proposed name:  Rafael Garcia St. 
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

Attachments:
 
17.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-43046
Requesting approval and authorization to submit the FY 2013 Chapter 59 Asset Forfeiture Report as required by the Texas Attorney General
 

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: 3 - 0 - Unanimously

 
B.
AI-43048
Requesting authorization for the County Judge to execute the following: 1. FY 2013 Equitable Sharing Agreement and Certification Report-Hidalgo County HIDTA Task Force. 2. FY 2013 Equitable Sharing Agreement and Certification Report-Hidalgo County District Attorney's Office.
 

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: 3 - 0 - Unanimously

 
18.
 
Budget & Management - Sergio Cruz:
 
A.
AI-43293
1. Presentation, discussion, and direction on Sanitation Program.

2. Presentation and discussion of Tire Shredding Project.

3. Presentation, discussion and status update of various budget initiatives.

NO ACTION taken on Items 1 - 3.
 
B.
AI-43140
Discussion, consideration, and approval to set the indirect cost allocation rate at 6.6 % for the FY 14 WIC Grant Program, effective January 2014.
 

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: 3 - 0 - Unanimously

 
C.
 
Budget Appropriations:
 
1.
AI-43252
Precinct No.4 (1303):
Approval of 2014 appropriation of funds from (1303) fund balance in the total amount of $14,963.32 for San Carlos CRC project.
 

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: 3 - 0 - Unanimously

Attachments:
 
19.
 
Purchasing Department - Marty Salazar:
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).
 
A.
 
Hidalgo County
 
1.
AI-43126
A.  Requesting approval to declare the items listed in Exhibit "A" (office furniture, equipment and vehicles) attached herein as surplus for the purpose of sale through auction (scheduled for 03-12-2014) in accordance with Texas Local Government Code 263.152 (a)(1); AND, in the event "NO BIDS" received;

     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: 3 - 0 - Unanimously

B. Pursuant to Texas Local Government Code, 263.151(1) and/or 263.152(a)(3), Commissioners Court proceed to:'...order any of the property to be destroyed or otherwise disposed of as worthless in as much as the sale of said items CC undertook to sell (under Subsection (1) at auction on 03-12-2014 resulted in no bids were received; 

Ms. Fern McClaugherty commented that there are some chairs and other furniture that are not completely useless in which the new Constables office could get use of.   She would like for the furniture to be checked thoroughly.  Ms. Marty Salazar stated that that is what they intend in reviewing that issue.

   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: 3 - 0 - Unanimously

C. Requesting authority to publish advertisement for the auction of surplus equipment and vehicles scheduled for 03-12-2014, including but not limited to Seized, Abandoned and Unclaimed Property or additional and/or necessary auctions.

      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: 3 - 0 - Unanimously
Attachments:
 
2.
AI-43096
Requesting approval to modify the current agreement between Hidalgo County (S/O) and South Texas Communications, Inc. (#C-10-272-02-08) to reflect the insertion of a "cost of parts grid" provided from vendor and titled Exhibit B-1 (and attached herein) so as to facilitate the auditing of those invoices or balances due (if short paid) which have not been processed for payment.
 

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: 3 - 0 - Unanimously

 
B.
 
Pct. 4
 
1.
AI-43228
Acceptance and approval of Work Authorization No. 3 in the amount of ($ 14,963.32) submitted by L&G ENGINEERING LABORATORY contracted engineering firm for "professional laboratory services" or (On Call) “Geo Technical & Construction Materials Testing Services” for projects located within Hidalgo County Precinct #4, under Contract# C-13-220-08-13 - PROJECT: (CONSTRUCTION MATERIAL TESTING SERVICES) FOR: THE NEW SAN CARLOS (CRC) COMMUNITY RESOURCE CENTER carried by, MATA-GARCIA ARCHITECTS & CONTRACTED CONSTRUCTION COMPANY - FOREMOST CONSTRUCTION).
 

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: 3 - 0 - Unanimously

Attachments:
 
20.
 
Open Forum

Opal Billman stated she continues to live in false imprisonment. She doesn't understand why the judge would have appointed their son as manager of their community property. She also stated that no one in the family has received any part of the community property her and her deceased husband owned.

Frank Traver spoke of free speech. He continues to not understand why the Court has placed Open Forum at the end of the Agenda. He stated that he knows the Commission wants to hear from the Public, which is why he doesn't understand why it has continued to remain at the end.

Maria Canto stated that she feels there is a drainage problem. She stated that communities are endangered of flooding and flood insurance is too expensive. She also commented that all she has heard today is how all projects are half-way and not completed.
 
21.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-43232
Cause No. D-1-GV-14-000052; Greg Abbott, Attorney General of Texas v. Hidalgo County, Texas and Arturo Guajardo Jr., in his official capacity as Hidalgo County Clerk
 
D.
AI-43256
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al
 
E.
AI-43297
Rodriguez, et al v. Hidalgo County & Sheriff
 
F.
AI-43275
Claim of AT&T
 
G.
AI-43283
Subrogation Claim Against Angelica Zavala
 
H.
AI-43285
Subrogation Claim Against Martin Cleto and Reyes Cleto

NO ACTION taken on Items 21.A - 21.H.
 
22.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

NO ACTION taken on this Item.
 
B.
 
Pending and/or potential litigation

NO ACTION taken on this Item.
 
C.
AI-43231
Cause No. D-1-GV-14-000052; Greg Abbott, Attorney General of Texas v. Hidalgo County, Texas and Arturo Guajardo Jr., in his official capacity as Hidalgo County Clerk
 

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 to cancel the letter of engagement with Andy Taylor.

Vote: 3 - 0 - Unanimously

 
D.
AI-43257
CL-14-0676; Elizabeth Martinez v. Hidalgo County-Judge Mario Ramirez, Jr. et al

Mr. Valde Guerra explained that he had misread his notes in appointing Atlas, Hall, & Rodriguez in this case during last week's meeting. He would like cancel his authority to submit a letter of engagement with Atlas, Hall, & Rodriguez and allow him the authority to submit a letter of engagement with the correct firm, Guerra, Leeds, Sabo, & Hernandez.

     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 to cancel his authority to submit a letter of engagement with Atlas, Hall, & Rodriguez.

     Vote: 3 - 0 - Unanimously

Refer to Item 6.A.1 and 6.A.2.
 
E.
AI-43298
Rodriguez, et al v. Hidalgo County & Sheriff

Refer to Items 6.A.1 and 6.A.2.
 
F.
AI-43276
Claim of AT&T
 

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 for settlement authority in the amount of $1,196.92.

Vote: 3 - 0 - Unanimously

 
G.
AI-43284
Subrogation Claim Against Angelica Zavala
 

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 Josephine Ramirez's office to subrograte in this case.

Vote: 3 - 0 - Unanimously

 
H.
AI-43286
Subrogation Claim Against Martin Cleto and Reyes Cleto
 

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 of Josephine Ramirez's office to subrograte in this case.

Vote: 3 - 0 - Unanimously

 
23.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
24.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
25.
 
Adjourn
 

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: 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 25th day of February, 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 February 25, 2014.

Signed this 25th day of February 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy