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Minutes for CC REGULAR

SPECIAL MEETING - April 2, 2014

BE IT REMEMBERED, that on this 2nd day of April 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
April 2, 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

Virginia Townsend 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 10.G to be pulled for discussion.
 
5.
 
Open Forum

Virginia Townsend wanted to take the moment to thank Sheriff Trevino for the programs he created to assist the community and that he is appreciated.

Fern McClaugherty stated she would like the court to hire someone who wants good for the county. She searched all the candidates’ backgrounds and hopes the county can choose someone whom doesn’t have their own agenda.

Opal Billman stated that married people have joint assets and when there is a divorce, those assets should be divided. She stated that she is still being falsely imprisoned in her own home.

Ramiro Trevino stated that hiring an Interim Sheriff is an important task and hopes everyone has done their research.

Luis Pena would like the court to make the right choice in hiring the new Sheriff.

Johnny Partian spoke of a particular candidate that would not be the right choice as sheriff due to a situation where a member of his campaign headquarters was assaulted. The candidate stated he was ignorant of the law. He also stated that choosing a Sheriff today could be in violations of the Open Meetings Act.
 
6.
AI-43856
A.  Acceptance of resignation from Hidalgo County Sheriff

     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

B.  Appointment of Interim Hidalgo County Sheriff

Judge Garcia stated that the indviduals which submitted their interest to fill the position of Interm Sheriff did not go through an application process.  He read the list of candidates and are as follows: Francisco Gallegos, Daniel Garcia, Fred Ball, Jiovani Hernandez, Tom Whitten, Ricardo Herrera, Adan Munoz, Esteban Soto, J.E. "Eddie" Guerra, Juan Gonzalez, Al Perez, Alejandro Morales.  Judge Garcia explained that those individuals who submitted their request did so voluntarily and the list is not exclusive to only those on the list and asked if anyone else would like to be considered whose name was not called.  With no one coming forward, the Court proceeded to select three individuals from the list of twelve, then interview the three in order to make a final decision. 

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES , the Court made a UNANIMOUS vote of approval to select Daniel Garcia, Eddie Guerra, and Fred Ball.

     Vote: 5 - 0 - Unanimously

Candidate Fred Ball was not present, but Daniel Garcia and Eddie Guerra introduced themselves before the court and audience and gave a short summary of their lives and careers.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval to appoint Jose Eduardo "Eddie" Guerra as the Interim Hidalgo County Sheriff.

     Vote: 5 - 0 - Unanimously

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
7.
 
County Judge's Office:
 
A.
AI-43419
1.  Presentation by Andrew Canon on their 4th annual Walk N Rolla scheduled for Saturday, April 12, 2014.

Hidalgo County Metropolitan Planning Organization Director Andrew Canon and South Texas Juvenile Diabetes Association Director Debra Franco presented their 4th Annual Walk N Rolla scheduled to be held on Saturday, April 12, 2014. This years Walk N Rolla will be celebrating the 80's and are encouraging participants to wear big hair, bright colors and to dress up as their favorite 80's icon. Participants can run, walk, or bike ride their way to win medals and have fun. Proceeds of this event will be donated to the South Texas Juvenile Diabetes Association.

2.  Approval of Proclamation designating April 12, 2014 as South Texas Juvenile Diabetes Awareness Day.

Hilda Salinas read the Proclamation for the record.

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

     Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-43824
Proclamation Declaring April 2014 as Child Abuse Awareness and Prevention Month

Hilda Salinas read the Proclamation for the record.

     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:
 
C.
AI-43825
Resolution in Support of the inclusion of a High School level course in the study of Mexican-American History and Culture

State Board of Education Representative, Ruben Cortez, announced that this item will be voted on in Austin to create this course in Texas to any school that chooses to offer the course to their students. If approved, Texas will be the first and only state to offer such course in public education. Mr. Cortez asked the court for their support by sending letters to Mayors of each city, collegues, and other County Judges across the state urging them to support the 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: 4 - 0 - Unanimously

At this time, Commissioner Hector "Tito" Palacios joined the meeting, but asked to be excused from the remainder of the meeting.
Attachments:
 
8.
 
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."

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

NO ACTION taken on Items 1 and 2.
 
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 taken on Items 1, 2, and 3.
 
C.
AI-43857
Requesting permission by CASA of Hidalgo County, Inc. to use open forum area of the courthouse for Candlelight Vigil to be held on April 02, 2014 - (6:30 pm to 8:00 pm)

Mr. Valde Guerra stated that CASA will be providing updated insurance documents.
Attachments:
 
9.
 
Constables:
 
A.
AI-43743
Constable Pct. #3 STOP Truancy (1285):
Approval to renew Interlocal Agreements between Hidalgo County and the following school districts - (STOP Truancy Program) for the 2014-2015 school year:

A. La Joya I.S.D.
B. Mission C.I.S.D.
C. Sharyland I.S.D.
 

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 on A - C.

Vote: 4 - 0

 
B.
AI-43628
CONSTABLE PCT 4 LEOSE (1220):
1. Approval of certification of revenues, as certified by the County Auditor, for the 2014 LEOSE (Peace Officer Allocation) funds awarded and received from the Texas Comptroller of Public Accounts Office.

     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

2. Approval of 2014 appropriation of funds for Constable Pct 4 - LEOSE (1220) in the amount of $1,615.28.

     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
Attachments:
 
10.
 
Human Resources - Esther Cortez:
 
A.
AI-43528
Human Resources (1100)190-002/190-001
Approval to process the following invoices as claims with the authority for the County Treasurer to issue check after auditing procedures are completed by the County Auditor.

Vendor Invoice Date Invoice No. Amount
Xerox Corporation  02/20/14 072598879 $ 270.00
Xerox Corporation 03/03/14 072983135    259.30
AIM Media 01/31/14 10013320-0114    228.22
iDocket 10/11/13 286955    300.00
iDocket 01/31/14 290368    300.00
iDocket 03/07/14 291758    300.00
 

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:
 
B.
AI-43827
206th District Court (1100):

1.  Approval of the following personnel action:

Action Slot # Position Title Proposed Budgeted Salary
Create 0006 Court Clerk $ 26,000.00

2.  Approval of revised 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 of Items 1 and 2 subject to funding.

Vote: 4 - 0

 
C.
AI-43778
District Attorney - Bad Checks (1222):
1. Approval of the following personnel action(s):

Action Position Title Slot
No.
Dept/
Program
Budgeted
Salary
Delete Developer & System Engineer 0003 080-006 $75,594.00

     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: 4 - 0 - Unanimously

 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.

     Vote: 4 - 0 - Unanimously
 
D.
AI-43671
District Attorney's Office (General Fund 1100 / DA Investigation 1223):
1. Approval of the following personnel actions:

Action Position Title Slot No. Dept/
Program
Current
Budgeted
Salary
Proposed
Budgeted
Salary
Delete Administrative Assistant IV 0059 Gen Fund
(080-002)
$34,469.00 -0-
0035 DA Inv.
(080-007)
$6,991.00 -0-
Create Accountant III 0108 Gen Fund
(080-002)
-0- $34,469.00
0119 DA Inv.
(080-007)
-0- $6,991.00

2. 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 of Items 1 and 2.

Vote: 4 - 0 - Unanimously

 
E.
AI-43547
Texas Agrilife Extension Service (1100):

1. Authorization and approval to remove auto allowance from the following positions, effective next full pay period 04/07/14:

Action Dept/
Program
Slot
#
Position Title Budgeted
Allowance Amount
Remove Auto Allowance 380-001 0002 4-H Youth Outreach Coordinator $2,873.00
Remove Auto Allowance 380-001 A005 County Extension Agent -
Agriculture
$4,838.00
Remove Auto Allowance 380-001 A006 County Extension Agent -
Family & Consumer Science
$4,838.00
Remove Auto Allowance 380-001 0007 Family & Consumer Science
Program Assistant
$2,873.00
Remove Auto Allowance 380-001 A008 County Extension Agent -
Family Resources
$4,838.00

2. Approval of revised salary schedule.
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 1 and 2.

Vote: 4 - 0 - Unanimously

 
11.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-43648
Requesting approval to rescind action taken by Commissioner's Court on 03/11/14 for AI-43331.  The Agreement for shredding services provided by Lonestar Shredding is not needed as services will be provided by Hidalgo County - County Clerk's 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: 4 - 0 - Unanimously

Attachments:
 
B.
AI-43788
Pursuant to Chapter 121 Local Public Health Reorganization Act; Sec. 121.006, requesting approval of the Sliding Fee Schedules effective April 2, 2014.  The Sliding Fee Schedules have been revised based on the Federal Poverty Level.
 

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

Vote: 4 - 0 - Unanimously

 
C.
AI-43744
1.  Requesting approval to accept the Preparedness and Prevention Community Preparedness Section / Bioterrorism Discretionary grant contract amendment #2014-045408-001A.  The purpose of this Amendment is to add additional funds to purchase equipment and to reallocate funds to reflect actual costs for discretionary project BP2-LHD-76.   

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

     Vote: 4 - 0 - Unanimously

2.  Requesting approval of the Certification of Revenue in the amount of $5,999.00.  

     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: 4 - 0 - Unanimously

3.  Requesting approval of the budget appropriation in the amount of $6,666.00.  This amount includes $667.00 in local matching funds. 

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

     Vote: 4 - 0 - Unanimously
 
D.
AI-43644
Infectious Disease Control grant (1293):
1.  Requesting approval to accept the Infectious Disease Control grant contract #2014-045531-001 in the amount of $34,692.00 for the period of 04/01/2014 to 08/31/2014.  

      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: 4 - 0 - Unanimously

2.  Approval of the Certification of Revenue in the amount of $34,692.00.  

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

     Vote: 4 - 0 - Unanimously

3.  Approval of the Budget Appropriation.

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

     Vote: 4 - 0 - Unanimously

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

      Vote: 4 - 0 - Unanimously

At this time, Commissioner Joe Flores stepped away from the meeting.
 
E.
AI-43646
Requesting approval to process the following invoice as a claim after auditing procedures are completed by county auditor.
Vendor Invoice # Invoice Date Amount
Maverick Shredding 56572 12/25/13 $58.00
    Total $58.00
 

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

Attachments:
 
F.
 
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.
 
G.
 
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.

Commissioner Joe Flores joined the meeting.
 
12.
 
IT Department - Renan Ramirez
 
A.
AI-43780
INDIGENT DEFENSE
Authorization and approval to continue wireless service through the County's membership/participation with CONTRACT: DIR-SDD-1780 for SPRINT for the following:

Qty: Description: Employee Name: Service Plan: MDN:
1 Data Card Office Use Mobile Broadband Unlimited @ $37.99 + $5.00 = $42.99 per month 956-207-7195
 

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

Attachments:
 
13.
 
Urban County - Diana Serna:
 
A.
AI-43846
Approval of a Proclamation declaring April 2014 Fair Housing Month, and authorizing County Judge and County Clerk to sign any and all 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

Attachments:
 
B.
AI-43834
 The Urban County Program is requesting the award of bid and approval of contract for the demolition and reconstruction of the following:

1. (1) Unit in the City of Mercedes in the amount of $44,450.00 to A-One Insulation.
 

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

 
C.
AI-43712
 Urban County Program on behalf of Precinct No.1 is requesting approval for the purchase and installation of sprinkler systems at the Sunset Park baseball fields from Green Thumb Irrigation & Landscaping in the total amount of $10,756.00, utilizing FY 21 (2008) Parks, Recreational Facility funds.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
D.
AI-43753
 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 $90,724.16 (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.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
E.
AI-43713
 Requesting approval of a program amendment for the City of La Villa to its Urban County Program FYs’ 16, 18, 24, 25 & 26 (2003, 2005, 2011, 2012 & 2013) work plans. The amendment will delete the following project descriptions: construction of a belt filter press and an aerobic digester at the wastewater treatment plant and the planning, design and new construction of a 100,000 gallon water elevated storage tank, will also add a new activity for the wastewater treatment plant.
 

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:
 
14.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-43730
Approval of Full Contract for Election Services between Hidalgo County and AGUA Special Utility District for their election to be held on May 10, 2014.

Victor Garza stated they have not determined if there will be enough voting machines available for the Election.

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

     Vote: 4 - 0 - Unanimously

Steve Crain, legal counsel, had a concern over whether there were going to be enough machines for the May election. 

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

     Vote: 4 - 0 - Unanimously

The Item was brought back for discussion prior to Executive Session.

Victor Garza stated that he spoke with Ms. Ramon in which she confirmed that there will be enough machines for the May Election and recommends approval.

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

     Vote: 4 - 0 - Unanimously

Ms. Ramon approached the Court during Open Session regarding this Item.

Mrs. Ramon stated that they do not have a problem with the amount of machines for Election Day.  The problem discovered is for Election Day for Runoff.  She stated there are no other machines to borrow for fear of impoundment. She stated there may be a possibility of releasing some of the machines that were impounded.
Attachments:
 
15.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-43833
1.  Requesting approval to submit a permit application to the United States Army Corps of Engineers by R. Gutierrez Engineering Corporation on  behalf of Hidalgo County, to obtain a permit for the Precinct 2 Tower Rd Project.

Mr. Valde Guerra stated there is no fiscal impact regarding this item.

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

     Vote: 4 - 0 - Unanimously

2.  Authorization for the County Judge to sign all pertinent documents.

     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
 
16.
 
Precinct #3 - Comm. Flores:
 
A.
AI-43682
Requesting approval to process the following invoices as claims with authority for County Treasurer to issue payment after review, audit, and procedures are completed by County Auditor.

Vendor Invoice No. Amount PO No.
Mobile Relays Partners, LTD AIR0032821 $1170.83 702576 & 702898
Mobile Relays Partners, LTD AIR0032963 $439.96 704247
Mobile Relays Partners, LTD AIR0033104 $415.96 706254

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval for Invoice No. AIR0032821.

     Vote: 4 - 0 - Unanimously

    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 for Invoice No. AIR0032963.

    Vote: 4 - 0 - Unanimously

     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 for Invoice No. AIR0033104.

     Vote: 4 - 0 - Unanimously
Attachments:
 
17.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-43796
Appointment of member to the Housing Authority Board

NO ACTION taken on this Item.
 
B.
AI-43750
Approval of Amended and Restated Interlocal Cooperation Agreement between County of Hidalgo, ECISD, City of McAllen and Hidalgo County Drainage District #1 - for road and drainage improvements to irrigation canal crossing on Mile 17 1/2 and terminating at Ware Rd.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
18.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-43828
Authorization and approval to accept an extension for Award No. G12SS0002A-Modification 1 (1291). New termination date is 12/31/14.
 

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

Attachments:
 
19.
 
Budget & Management - Sergio Cruz:
 
A.
AI-43809
Approval and appointment of members of County Energy Transportation Reinvestment Zone (CETRZ) Advisory Committee.

Mr. Sergio Cruz informed the Court that there is still an oil & gas industry member needed for the CETRZ Advisory Committee.  He stated that Jim Barnes and Guadalupe Gonzalez were appointed as Public at Large members.  Commissioner Joseph Palacios stated that he thought his office had appointed Laura Guerra Ramirez.  Mr. Cruz stated he may not have received notice of Mrs. Ramirez appointment.

     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 to appoint Laura Guerra Ramirez as a CETRZ Advisory Committee member.

     Vote: 4 - 0 - Unanimously
 
Attachments:
 
B.
 
Budget Appropriations:
 
1.
AI-43723
Sheriff (1100):
Approval of 2014 appropriation of funds for Sheriff in the amount of $6,766.11 to fund the purchase of a replacement vehicle.

NO ACTION taken on this Item.
Attachments:
 
2.
AI-43761
Pct. 1 R & B (1200):
Approval of 2014 appropriation of funds from the R & B unreserved fund balance for Pct. 1 Rd. Maint (fund 1200, program 005) in the amount of $95,000.00 to fund various operating 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

 
3.
AI-43804
CO's 2006 (1336):
Approval of 2014 unappropriation of funds from CO's Series 2006 (1336) in the amount of $24,380.26. 
 

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:
 
4.
AI-43813
Precinct No.4 (1303):
Approval of 2014 appropriation of funds from (1303) fund balance in the amount of $42,614.00 for change order #1 from NM Contracting, LLC for building renovations/repair to Restitution Center on "M" Road project.
 

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:
 
20.
 
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

At this time, Mrs. Marty Salazar requested that Consent Agenda Item 10.G be discussed for action.
 
1.
AI-43662
Appointment and/or designation by Commissioner's Court of a committee to evaluate/grade and score the proposals received (03-19-14) for RFP No. 2014-061-03-19-YZV "Financial Advisory Services", as detailed in procurement packet.

     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 appoint Raul Silguero (Pct. 2), Mona Parras (Pct. 3), Yolanda Chapa (Judges office), Marcos Lopez (Pct 4), Raul Lozano (Pct 1), Frank Traver, Segio Cruz, Dina Trevino, Ray Salazar (Budget and Management), Linda Fong (Auditors Office), Mr. Valde Guerra (Advisor), Mrs. Marty Salazar (Purchasing Coordinator).

     Vote: 4 - 0 - Unanimously
 
2.
AI-43822
a.  Requesting approval of Change Order No. 1 (increase) in connection: "Repairs and Renovations-1st and 2nd Floor to the Former Administration Building," in the amount of $128,787.00 to awarded general contractor, D. Wilson Construction, Inc., and as recommended by project architect, Alcocer Garcia Associates with concurrence by construction manager, Prodigy, including authority for County Judge to execute document;
b. Acceptance and approval of an Amendment No. 2 to the AIA A101-2007 Standard Form of Agreement with D. Wilson Construction Company, for the "Remodel of Existing Old Administration Building (1st and 2nd Floor)," to remove the allowance schedules and re-direct to Betterment Allowance;
c. Requesting approval of clarifications to the following Construction Change Directives:     
       1. Change Directive No. 1 (approved CC 11/26/13) to be funded by allowance;
       2. Change Directive No. 2  (CC 3/11/14-NOT APPROVED) thus null and void;
       3. Change Directive No. 3 (CC 3/18/14) to be funded by either the allowances or Betterment Allowance;
d. Approval of Construction Change Directive #5 (as drafted/submitted through project architect, Alcocer/Garcia & reviewed/concurred by construction manager, Prodigy) for the access control in an amount $1,025.00. 

NO ACTION taken on Items a - d.
 
B.
 
Pct. 4
 
1.
AI-43810
a. Acceptance and approval of Request for Payment Applications No. 1 in the amount of $137,981.80, as submitted by NM Contracting , LLC, awarded contractor for the Hidalgo County Precinct No. 4 -"Building Repairs/Renovations, Additions and/or Alterations to Restitution Center at 1124 "M" Road in Edinburg, TX" and as certified for payment by project architect, Dannenbaum Engineering-Contract # C-13-234A-10-22;

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

     Vote: 4 - 0 - Unanimously

b. Acceptance and approval of Change Order No. 1 in the amount of $24,663.00 resulting in changes as reflected on supporting documentation including but not limited to removing alternate 2 (kitchen appliances), and adding: prep and paint metal roof, gutters and downspouts, electrical and data boxes for classroom, mill work with laminated tops with  an addition of thirty three (33) calendar days for completion of project for Contract No. C-13-234A-10-22 with NM Contracting , LLC as drafted/reviewed/approved by project architect, Dannenbaum Engineering Company for: Hidalgo County Precinct No. 4 -"Building Repairs/Renovations, Additions and/or Alterations to Restitution Center at 1124 "M" Road in Edinburg, TX" with authority for County Judge, or Court Member to execute document.

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

     Vote: 4 - 0 - Unanimously
 
C.
 
Health & Human Services Dept.
 
1.
AI-43781
Pursuant to Texas Local Government Codes Ann., Chapter 271, Sections .101 & .102 (with both entities being political subdivisions of the State of Texas),  requesting acceptance and approval of the Cooperative Purchasing Program Agreement between the Harris County Hospital District d/b/a/ Harris Health System and Hidalgo County thus allowing Hidalgo County Department of Health and Human Services to utilize (and eventually purchase) the software system and other pertinent related items in connection with 1115 Medicaid Waiver Project contract with Performance Logic, Inc. (awarded vendor through-Request For Proposal Job. No: 13/0077 by HCHD,dba,HHS).

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

     Vote: 4 - 0 - Unanimously

At this time, the Court proceeded to item 14.A.
 
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:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-43805
Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al
 
D.
AI-43807
Civil Action No. 7:14-cv-00067; Santos Rodriguez, Jr. et al v. Hidalgo County Sheriff's et al, City of Mission, et al and other unknown persons
 
E.
AI-43797
Claim of Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)
 
F.
AI-43791
Claim of Victoria County Juvenile Services
 
G.
AI-43793
Claim of AT&T
 
H.
AI-43836
Claim of Hidalgo County vs Raul Rodriguez, Jr. and Yesenia Sias

NO ACTION taken on Items 21.A - 21.H.
 
22.
 
Open Session:
 
A.
 
Commissioner Joe Flores stepped away from the meeting.

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-43806
Civil Action No. 13-261; Jose G. Perez and Maria Guadalupe Perez v. Guadalupe "Lupe" Trevino, Sheriff of Hidalgo County, Texas, et al

NO ACTION taken on this Item.
 
D.
AI-43808
Civil Action No. 7:14-cv-00067; Santos Rodriguez, Jr. et al v. Hidalgo County Sheriff's et al, City of Mission, et al and other unknown persons

Proceed as Directed.
 
E.
AI-43798
Claim of Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)

NO ACTION taken on this Item.
 
F.
AI-43792
Claim of Victoria County Juvenile Services
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $276.62.

Vote: 3 - 0

 
G.
AI-43794
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 $956.04.

Vote: 3 - 0

 
H.
AI-43837
Claim of Hidalgo County vs Raul Rodriguez, Jr. and Yesenia Sias
 

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 Josephine Ramirez to facilitate 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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, 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 2nd day of April, 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 April 2, 2014.

Signed this 2nd day of April 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy