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Minutes for CC REGULAR

SPECIAL MEETING - March 25, 2014

BE IT REMEMBERED, that on this 25th day of March A.D., 2014, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:

HONORABLE RAMON GARCIA

HONORABLE A.C. CUELLAR, JR.

HONORABLE HECTOR "TITO" PALACIOS

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
March 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.
 
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 Item 12.A and 12.M to be pulled for discussion.
 
5.
 
Open Forum

Jim Barnes, President of McAllen Tea Party and Owls member, stated that both organizations support the Constitution, strict interpretation and the Bill of Rights. His concern is on the Supreme Courts’ decision over the 1st Amendment rights of Hobby Lobby.

Opal Billman stated that when she was sued for divorce, the community property was not equally divided, nor was the divorce finalized. She commented on a an article in the newspaper about her. She stated she has a purpose for her appearance in open forum.

Luis Pena commented on the issue to pay an analyst to study the voting machines. He stated that spending County money to do that is not going to change anything.

Fern McClaugherty commented on a bulletin regarding the Mexican Consulate. She wanted to know when the county started working for the Mexican Consulate by working on a Saturday for issues pertaining to them. She also wanted to know why the two WIC trips weren’t scheduled at a nearest location.

Jaime Munoz commented on the six election contests and stated there is no evidence attached to those contests. He stated that our Elections Administrator has provided an explanation as to what happened to the machines and that the county should not have to pay for the study of the election machines. He stated the petitioners should pay the bill.

James R. Wade informed the court of his last day working as a full time employee for the county. He wanted to express that he feels privileged to have worked for Hidalgo County.

Ramiro Trevino had a concern over the examination of the election machines. He stated that there hasn’t been an election where problems don’t arise in Hidalgo County.

The Court proceeded to Item 11.A, 15.A & 15.B.
 
6.
 
County Judge's Office:
 
A.
AI-43665
Resolution in Honor of Luisa Daniel
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
B.
AI-43664
Resolution in Honor of Adelfa Garcia
 

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

Vote: 5 - 0 - Unanimously

Attachments:
 
C.
AI-43728
Presentation of Hidalgo County RMA Strategic Plan

Pilar Rodriguez, Director, Dennis Burleson, Chairman, and Louie Jones, Consultant, were present to give their required strategic bi-annual plan. 

Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
D.
AI-43742
Authorization for County Judge to sign letter of certification of contiguous census tracts in Webb County, Zapata County, Starr County and Hidalgo County, Texas, as a single Targeted Employment Area for the Civitas Laredo Regional Center ("CLRC") as it pertains to Hidalgo County.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
7.
 
Executive Officer - Valde Guerra:
 
A.
 
Commissioner Joseph Palacios was not present for the vote.

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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval as it pertains to Item 24.D; Claim of Francisco Ramon.

Vote: 4 - 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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval as it pertains to Item 24.D; Claim of Francisco Ramon.

Vote: 4 - 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

Jessie and Fidel Montiel, Prodigy, presented a slideshow with an update on the renovations. He pointed out that during the contractors digging, they discovered concrete beams that were unforeseen issues that now need to be evaluated by the engineer in order to avoid issues with the structural integrity of the building. He also stated that they have ordered knock-down frames instead of standard steal frames to avoid the time issue and the purchase will also save the county money.

NO ACTION taken on this Item.

2) Update on other ongoing county owned building construction and renovation repair projects

NO ACTION taken on this Item.

3) Emergency situations occurring since last agenda meeting

NO ACTION taken on this Item.

The Court proceeded to Item 22.D.
 
C.
AI-43732
Facilities Management:
Requesting permission to construct a Guard Shack for Security Personnel at the Modular Buildings Area of the Courthouse with authority to obtain necessary permits/documents and authorize Executive Officer to sign related documents

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

At this time, Commissioner Hector "Tito" Palacios joined the meeting.
 
D.
AI-43563
WIC:
1. Requesting authorization for Norma Longoria to attend the 2014 NWA Annual Networking Conference in Pittsburgh, PA. on May 17-21, 2014. 

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

2. Requesting authorization for Norma Longoria, Margarita Miller and Blanca Colunga to attend the Spring 2014 Lactation Counselor Training Course and Certified Lactation Counselor Certification Exam. in Tampa, Florida on June 1-7, 2014.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
 
E.
AI-43696
Requesting approval to process the following invoice as a claim with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor:
Vendor Invoice # Date Amount
Ivan's Automotive 51449 12/20/13 $14.50
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Attachments:
 
8.
 
Human Resources - Esther Cortez:
 
A.
AI-43543
District Clerk's Office (1100):
1. Approval of the following personnel actions:

Action Dept/Program Slot # Position Title Proposed /
Budgeted Salary
Delete 090-001 0014 Deputy District Clerk II $33,528.00
Create 090-001 0079 Bookkeeper II $33,528.00

2. Approval of revised salary schedule.
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES 

, the Court made a UNANIMOUS vote of approval on Item 1 and 2.

Vote: 5 - 0 - Unanimously

 
B.
AI-43674
Planning Department (1100)/Planning and Engineering (1200):

1.  Approval of the following personnel actions:
 
 Action  Slot #  Position Title Dept  Proposed/Budgeted Salary
Delete  0002 Subdivision Inspector  210-002 $35,391.00 
 Create   0024  Administrative Assistant III 210-001 $35,000.00 
 
2.  Approval of interfund transfer.
3.  Approval of revised salary schedule(s).


     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

Mr. Sergio Cruz, Budget Officer, advised the court that this action will affect the 2015 Budget due to moneys having to be transferred out of the General Fund to the Road and Bridge Fund.  He explained that the position was currently using Road and Bridge funds because of the specific duties of the the position.  The newly created position would be in the General Fund.  After a short discussion, Mr. Valde Guerra, Executive Officer, recommended the decision be rescinded and be further evalutated.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to rescind the previous action.

     Vote: 5 - 0 - Unanimously
 
 
9.
 
Sheriff's Office:
 
A.
AI-43550
Authorization and Approval to apply for the FY2014 State Criminal Alien Assistance Program (SCAAP) with the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
B.
AI-43554
1.  Approval of Certification of Revenues as certified by the County Auditor for the 2014 L.E.O.S.E. allocation to the Sheriff's Office in the amount of $42,531.50.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

2.  Approval of Budget Amendment to appropriate the 2014 L.E.O.S.E. Allocation from the State Comptroller in the amount of $42,531.50.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-43734
1. Approval to accept the FY2013 Operation Stonegarden Grant from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) in the amount of $3,321,163.51 passed through TX Dept. of Public Safety.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval subject to submittal of Cap Approval Form.

     Vote: 5 - 0 - Unanimously

2. Authorization to pay Overtime reimbursable under the grant terms and conditions.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval subject to submittal of Cap Approval Form.

     Vote: 5 - 0 - Unanimously

3. Authorization for County Judge, as authorized official, to sign (and initial) award and required documents.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

4. Approval of Certification of Revenues as certified by the County Auditor for the FY2013 Operation Stonegarden Grant.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

5. Approval to appropriate the budget for the Sheriff's Office portion of the FY2013 Operation Stonegarden Grant in the amount of $1,600,000.00.

     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: 5 - 0 - Unanimously

Commissioner A.C. Cuellar, Jr. stepped away from the meeting.
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
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.
 
B.
 
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.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-43588
This Item was taken out of order; all Court being present.

1. Request approval to accept the Prostitution Prevention Program Grant from the Office of the Governor - Criminal Justice Division (CJD); effective until August 31, 2014 in the amount of $ 150,000.00

     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: 5 - 0 - Unanimously

2. Approval of Resolution to establish the Prostitution Prevention Program in Hidalgo County and authorize County Judge to sign Resolution

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

3. Approval of certification of revenues by County Auditor in the amount of $ 150,000.00

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

4. Approval of appropriation of funds in the amount of $150,000.00

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously
Attachments:
 
12.
 
Facilities Management:
 
A.
AI-43587
Requesting approval to process the following invoices as claims with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by the County Auditor.

Date Vendor Invoice# Amount
3/1/14 Waste Management 4914280-1177-0 122.83
3/1/14 Waste Management 4914281-1177-8 128.93
3/1/14 Waste Management 4914279-1177-2 100.85
    Total: 352.61
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
13.
 
IT Department - Renan Ramirez
 
A.
AI-43427
VARIOUS DEPARTMENTS
Authorization and approval to upgrade wireless equipment to model number MHS291L and  to change account number for MDN 956-310-1305 through the County's membership/participation with CONTRACT: DIR-SDD-1779 with VERIZON WIRELESS for the following:

Qty: Description: Department: User/ID: Equipment: Cost: MDN:
5 Upgrade Justice Court Office Use Data Card 0 956-358-3309, 956-358-3310, 956-483-9710, 956-587-2865 & 956-929-7938
5 Upgrade Info. Tech. Office Use Data Card 0 956-429-8639, 956-587-2679, 956-587-2832, 956-587-2847 & 956-587-2866
1 Upgrade Public Affairs Office Use Data Card 0 956-310-1305
3 Upgrade County Clerks Office Use Data Card 0 956-587-2447, 956-587-2462 & 956-929-1835
1 Upgrade District Clerks Office Use Data Card 0 956-587-1269
3 Upgrade Juvenile Prob. Office Use Data Card 0 956-578-1993, 956-578-2401 & 956-578-2827
5 Upgrade Comm. Pct. 4 Office Use Data Card 0 956-578-3177, 956-578-3164, 956-358-1407, 956-221-2293 & 956-221-2292
2 Upgrade Purchasing Office Use Data Card 0 956-310-8530 & 956-310-8594
2 Upgrade County Auditor Office Use Data Card 0 956-358-1076 & 956-587-2852
1 Upgrade County Court at Law #7 Office Use Data Card 0 956-342-1143
1 Upgrade WIC Office Use Data Card 0 956-929-1042
             

Qty: Description: Department: User/ID: Equipment: Cost: MDN:
1 Delete Acct# 4-1100-415-00-110-006-0-532 County Judge Office Use Data Card 0 956-310-1305
1 Transfer to Acct# 4-1100-413-00-110-077-0-532 Public Affairs Office Use Data Card 0 956-310-1305

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

At this time, Commissioner A.C. Cuellar, Jr. joined the meeting and Commissioner Joseph Palacios stepped away from the meeting.
Attachments:
 
14.
 
Urban County - Diana Serna:
 
A.
AI-43527
Urban County Program on behalf of the City of Alton is requesting authority to purchase fire station equipment through Hidalgo County’s membership and participation with Buyboard approved vendor Casco Industries, (contract # 363-10) in the amount of $87,724.16 (two quotes attached hereto) to include shipping fees. City of Alton funds under UCP Years 22, 23 & 24 (2009, 2010 & 2011) Fire Station/ Equipment funds will be utilized.  

NO ACTION taken on this Item.
Attachments:
 
B.
AI-43579
 The County of Hidalgo Urban County Program (UCP) is disclosing that Genaro Tafolla, who has applied for assistance under the Community Housing Development Organization (CHDO) Program with the Affordable Homes of South Texas, Inc. (AHSTI) is related to an employee of AHSTI.

Ms. Serna informed the court that Mr. Tafolla is related to a current AHSTI loan officer.  This was a disclosure to the court and public in order to request a waiver from HUD and that HUD would make the ultimate determination. 
Attachments:
 
C.
AI-43557
 The Urban County Program is requesting the award of bids and approval of contracts for the demolition and reconstruction of the following:

1. (1) Unit in the City of Edcouch and (1) unit in the City of Mercedes in the amount of $97,950.00 to A-One Insulation.

NO ACTION taken on this Item.
 
D.
AI-43586
Urban County Program, on behalf of Precinct No.1, is requesting approval of Amendment No. 1 to the existing contract agreement for appraisal services with Leonel Garza Jr. & Associates under the General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068, Pct. 1 Delta Area Connector/ East Lateral Project. The amendment will increase the professional service contract amount from $100,000.00 to $102,000.00 for a total increase of $2,000.00.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
E.
AI-43583
Urban County Program, on behalf of Precinct No.1, is requesting approval of Amendment No. 1 to the existing contract agreement for appraisal services with HLH Appraisal Services under the General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068, Pct. 1 Delta Area Connector/ East Lateral Project. The amendment will increase the professional service contract amount from $22,500.00 to $22,950.00 for a total increase of $450.00.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
F.
AI-43582
 On behalf of the City of Alamo, Urban County Program is requesting consideration and action to award and enter into a construction contract with Vanguard Engineering, LLC, being the lowest bidder meeting all specifications and/or requirements, for the Texas Department of Agriculture (TDA) Contract No. 713005, in the amount of $323,375.00. The project consists of first-time rehabilitation single-unit residential sewer services within colonias located in the City of Alamo’s extraterritorial jurisdiction: Campo Alto Subdivision, Gudalupe Subdivision Phases 1-3, Val-Bar Estates Ph. I, Rancho Escondido and Salazar Subdivision
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
15.
 
TX. Agri-Life Extension Services:
 
A.
AI-43637
Approval to process the following Texas A&M AgriLife Extension Service invoice as a claim with authority for County Treasurer to issue check after auditing procedures are completed by County Auditor.

Date Vendor Invoice# Amount
1/3/14 TX A&M AgriLife Extension Service A401242 $231.40

Ms. Storz stated the claim is for the operating system.  Mr. Eufracio, County Auditor, informed the court that he is unable to pay the claim due to there being no purchase order.  Purchasing would need to produce a purchase order and Ms. Storz stated she would contact Ms. Marty Salazar in regards to the issue.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT.  4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

The Court proceeded to Item 22.A.2.
Attachments:
 
B.
AI-43520
Texas A&M AgriLife Extension Service:

Presentation by Barbara Storz, County Coordinator and Dr. Ruben Saldana, District Administrator on 2013 Making A Difference Annual Report.
Attachments:
 
16.
 
WIC - Norma Longoria:
 
A.
AI-43606
1. Requesting approval to reimburse Norma Longoria in the amount of $49.99, for the purchase of small microwave oven for the WIC Mobile which needed replacement through Req. # 253689.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval upon approval from purchasing agent.

     Vote: 4 - 0 - Unanimously

2. Requesting approval to reimburse Norma Longoria in the amount of $30.00, for the payment of IBCLC Care award application fee in the amount of $30.00 through Req. # 253689. 

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval upon approval of purchase order.

     Vote: 4 - 0 - Unanimously
 
B.
AI-43647
WIC (1292):
1. Approval of Amended WIC Contract # 2014-045054-001A between Hidalgo County Health and Human Services WIC Program and The Department of State Health Services (DSHS) to extend the contract period thru September 30,2014.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

2. Authorization for the County Judge to sign amended WIC contract(s) 2014-045054-001A.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
 
17.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-43609
Requesting approval to submit the "Pro Rata Tobacco Settlement Distribution County Expenditure Statement - 2014" to the Department of State Health Services, and authorize County Judge to execute the report.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
18.
 
Planning Department - Raul Sesin:
 
A.
AI-43663
1. Consideration and possible action to adopt Order Establishing Rules for Roadside Vendors as authorized by Transportation Code Section 285.001

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

2. Preliminary Approval with Variance Request
a. Rancho Escondido Acres Subdivision – Pct. 3 (Jaime Marroquin)

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

3. Preliminary Approval
a. Myrna Subdivision – Pct. 4 (Myrna Salinas)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR.,seconded by COMMISSIONER PCT.  3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

b. Red Gate Subdivision – Pct. 4 (South Texas Electric Coop)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR.,seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

4. Final Approval
a. Macedonia Christian Academy – Pct. 1 (Santiago Curling) 

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

b. Cielo Lindo Subdivision – Pct. 1 (Kyndel Bennett)

     On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

5. Final Approval with Financial Guarantee
a. Concho Heights Unit 2 – Pct. 4 (Kyndel Bennett)

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR.,seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

6. Reimbursement of a Cash Deposit
a. Sendero Trails No. 2 Subdivision – Pct. 4 (Megaware Corp)

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
 
19.
 
Precinct #3 - Comm. Flores:
 
A.
AI-43711
Appointment of member to the Housing Authority Board
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to appoint Lita Leo.

Vote: 4 - 0 - Unanimously

 
20.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-43689
Authorization and approval to accept the following:
1. Memorandum of Understanding between Hidalgo County HIDTA Task Force and the Hidalgo County Constable's Office, Precinct 3.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

2. Memorandum of Understanding between Hidalgo County HIDTA Task Force and the McAllen Independent School District Police Department.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-43677
HIDTA Task Force (1291):
1. Authorization and approval to accept Award No. G14SS0002A between Hidalgo County and the Executive Office of the President-Office of National Drug Control Policy in the amount of $685,705.00 for grant period 01/01/14 to 12/31/2015.

      On motion by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

2. Approval of certification of revenues as certified by the Hidalgo County Auditor for the HIDTA Task Force Grant.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

3. Approval of appropriation of funds for the Hidalgo County HIDTA Task Force in the amount $685,705.00.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

4. Approval of salary schedule.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
 
21.
 
Budget & Management - Sergio Cruz:
 
A.
AI-43562
Precinct No.1 TxDOT Agreements:

1. Discussion, consideration, acceptance and approval of Advance Funding Agreement between Hidalgo County and Texas Department of Transportation for Off-System Bridge Replacement project at 11th Street, 0.70 miles East of FM 493 at Drainage Ditch. (CSJ: 0921-02-304) with authority for County Judge to sign all appropriate documentation.

Commissioner Joseph Palacios was not present for the vote.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

2. Approval to issue check payable to Texas Department of Transportation in the amount of $701.00 for local participation of preliminary engineering costs and with County Treasurer to issue check after review and processing procedures are completed by the County Auditor.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

3. Approval of 2014 interfund transfer from CO's 2006 (1336) to TxDOT (1315) in the total amount of $5,844.00 for 11th Street Bridge Replacement project (CSJ:0921-02-304).

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
 
B.
 
Budget Appropriations:
 
1.
AI-43545
Jail Landmark (1100):
A. Approval to undesignate the amount of $5,125,171.98 in the year 2014 for expenditures related to repairs and maintenance of the County Jail in connection with the Landmark case settlement agreement, case#C-3123-03-I.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

B. Approval of 2014 appropriation of funds in the amount of $4,921,353.88 to fund related expenditures.
 
     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-43556
Co. Clerk's Record Mgmt (1237):
Approval of 2014 appropriation of funds in the amount of $4,800.00.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
3.
AI-43555
County Clerk's Record Archive (1100):
Approval of 2014 appropriation of funds in the amount of $2,700.00.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
22.
 
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-43733
Approval of Construction Change Directive #4 (as drafted/submitted through project architect, Alcocer/Garcia & reviewed/concurred by construction manager, Prodigy) to change all interior hollow metal frames to frameworks frames in an amount not to exceed $3,575.00 (without impact on quality or function) so as to give general contractor, D. Wilson Construction the notice to proceed to order.
 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
2.
AI-43735
Requesting authority to advertise/publish a Request for Proposals with Qualifications for:  Compliance Testing of Hidalgo County's Elections Machines (hardware/software) in accordance with applicable Standards approved by the State of Texas and/or Federal Government for such Electronic Voting Machine Systems with possible Forensic Analysis of the 2014 March Primary Election with the drafting of the scopes of work/requirements/qualifications and all other pertinent information to be in cooperation with applicable parties identified by HCCC.

Judge Garcia explained that due to election contests, there will be two district courts that will dictate the outcome of the impoundment of the election materials and the contests.  They will wait to see what direction they will be given by the district courts.  Mr. Rene Guerra, District Attorney, stated that this will be presented to Grand Jury on Thursday to assume jurisdiction of the allegations.  Through code, the District Judge will appoint an expert/experts to be paid by the Grand Jury Fund which has accumilated for over 30 years.  Mr. Crain stated that this issue will now be handled through the D.A.'s office.

NO ACTION taken on this Item.

The Court proceeded to Item 6.A.
Attachments:
 
B.
 
Pct. 2
 
1.
AI-43736
a. Requesting approval of Authorization No. 1 (Construction Change Directive) to place additional select fill for the building pad in the amount of $28,309.72 (allowance) in connection with the "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects with authority for County Judge or Court member to execute document;

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

b. Requesting approval of Change Order No. 1 to add 28 calendar days to complete additional select fill for the building pad, in connection with "Hidalgo Co. Pct 2 Equipment Maintenance Facility" from contracted vendor, Holchemont, Ltd., and as recommended by project architect, ERO Architects with authority for County Judge or Court member to execute document;

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

c. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor";

Ms. Marty stated that Raul Silguero will be the person designated.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

d. Approval of Request for Payment-Application No. 1 in the amount of $120,107.55 from Holchemont, Ltd. awarded contractor for the, "Hidalgo Co. Pct 2 Equipment Maintenance Facility", and as certified for payment by project architect, ERO Architects, C-13-096A-12-20.

     On motion by COMMISSIONER PCT.  1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT.  3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
 
C.
 
WIC
 
1.
AI-43669
Presentation for acceptance and approval of an "First Amendment" to the current lease agreement with Jose I. Ramirez for the "Lease of Office Space in Roma, Texas," to reflect a modification to the renovated floor plan which increases the square footage by 562 square feet.
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
 
District Attorney
 
1.
AI-43639
This Item was taken after Item 7.B. Commissioner Hector "Tito" Palacios was not present for the vote.

a.  Requesting Exemption from Competitive Bidding Requirements under the Texas Local Government Code 262.024(a)(4), a professional service;

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT.  3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously

b.  Authority to enter into a negotiated professional service contract with James R. Wade for the provision of Professional Consultant Services for Information Technology effective upon approval.

Ms. Marty Salazar stated the effective date is April 1st. Mr. Eufracio commented that funding for the contract was subject to the vacation of the position and spoke to the D.A.'s in which they are in the process of deleting the position.  He also commented that the contract calls for $200.00 a day if the individual is going to be required to be present in Edinburg.  He is recommending a purchase order be secured for five days worth of services.  Ms. Salazar stated that it is upon the need to have the consultant here and the D.A.'s office will prepare a requisition.  Mr. Eufracio also commented that the contract ends on October 31st and notes that it has an option to extend, yet he would like Commissioners' Court to have the ability to extend.  

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval as submitted.

     Vote: 4 - 0 - Unanimously

The court proceeded to Item 7.A.
 
E.
 
Sheriff's Office:
 
1.
AI-43632
A.  Acceptance and approval of the final negotiated contract with LCS Corrections Services, Inc., for "Placement, Housing, Detention and Supervision of Inmates for Hidalgo County" in both the "LCS Brooks, LLC (Brooks County) and LCS Hidalgo, LLC (La Villa) Facilities located in South Texas; 

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
 
     Vote: 4 - 0 - Unanimously

B.  Requesting rescission of action on Agenda Item #9.T. AI#43546-#2 -CC meeting of 03-18-14 for approval of an inter-local cooperation agreement between Hidalgo & Brooks Counties (as yet not executed by either County) as it is no longer necessary/need given the action taken above and herein.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT.  3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

     Vote: 4 - 0 - Unanimously
 
23.
 
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. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-43698
CL-14-0359-E; Mary Lou Gomez, individually and a/n/k of Alexandro Rodriguez, minor v. Hidalgo County
 
D.
AI-43708
Claim of Francisco Ramon
 
E.
AI-43703
Claim of Hidalgo County vs Chenyere Letitia Oji
 
F.
AI-43707
Claim of Hidalgo County vs Roberto Ysaguirre, Jr.

NO ACTION taken on Items 23.A - 23.F.
 
24.
 
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-43699
CL-14-0359-E; Mary Lou Gomez, individually and a/n/k of Alexandro Rodriguez, minor v. Hidalgo County

Proceed as Directed.
 
D.
AI-43710
Claim of Francisco Ramon

Refer to Items 7.A.1 and 7.A.2.
 
E.
AI-43706
Claim of Hidalgo County vs Chinyere Letitia Oji

Proceed as Directed.
 
F.
AI-43709
Claim of Hidalgo County vs Roberto Ysaguirre, Jr.

Proceed as Directed.
 
25.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
26.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
27.
 
Adjourn
 

On motion by COMMISSIONER PCT. 2, HECTOR PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

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 March, 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 March 25, 2014.

Signed this 25th day of March 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy