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Minutes for CC - REGULAR

SPECIAL MEETING - April 15, 2014

BE IT REMEMBERED, that on this 15th 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 15, 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.
 
5.
 
Open Forum

Virginia Townsend expressed that she would like to see a Code of Ethics throughout the county from the top to the bottom.

Fern McClaugherty commented on Item 10.A and thought the county wasn't giving raises. She also commented on the workshop regarding the new courthouse and on where the money was going to come from. She also had a concern over Item 7.C for the Budget Office Lobby.

Opal Billman stated she was sued for divorce in 1996. The community property was never paid to nor divided due to the court stating the land was excess land with no value. After her husband's death, the court never dismissed the case; they only decided to keep their community property and keep her confined to her home.

Ramiro Trevino stated he was disappointed with the recent accounts in the county. He stated he would like to see things done differently in the county.
 
6.
 
County Judge's Office:
 
A.
AI-44077
Approval of Proclamation declaring the month of April as Organ Donation Awareness month.
 

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:
 
B.
AI-44009
Presentation by the Hidalgo County Commuter Rail District (HCCRD) on their annual report.

James Edge, Chairman HCCRD, presented a slideshow with a brief annual report of progress and introduction of new members. He stated they would like to work with HCMPO to identify funding opportunities along with preparation for 2015.

Commissioner Joseph Palacios joined the meeting.
 
C.
AI-44075
1. Approval of the AICR Form as required by the Texas Homeland Security State Administrative Agency (THSSAA).

2. Authorization for County Judge to sign the AICR Form.
 

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 of Items 1 and 2.

Vote: 5 - 0 - Unanimously

Attachments:
 
7.
 
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 pertians to Item 24.C; Claim of Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)

Vote: 5 - 0 - Unanimously

2. Requesting engagement with the firm of ATLAS, HALL AND RODRIGUEZ 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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval as it pertians to Item 24.C; Claim of Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)


Vote: 5 - 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 taken on Items 1 - 3.
 
C.
AI-43875
Requesting approval to remodel Budget & Management Department Lobby Area at the Administration Building with authority to obtain necessary permits/documents and authorize Executive Officer to sign related 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: 5 - 0 - Unanimously

 
D.
AI-44046
Right of Way - (Border Rd. Project - Pct. 2):
1.  Authorization for Valde Guerra, Executive Officer to sign IRS Form 8283 (Noncash Charitable Contributions) on behalf of the County in connection with land donation from Jose Becerra

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

     Vote: 5 - 0 - Unanimously

2.  Authorization for Valde Guerra, Executive Officer to sign IRS Form 8283 (Noncash Charitable Contributions) on behalf of the County in connection with land donation from Franklin D. Pribble and Josephine Pribble

     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: 5 - 0 - Unanimously
Attachments:
 
E.
AI-44083
Discussion and action on revision to the Exiting Elected Official Expenditure Policy

Mr. Valde Guerra stated that some Precincts exceed the amount originally placed into policy in 2012.  There is an understanding that purchase orders and requisitions are part of the process.  The revision would only be applicable for operation 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 to revise the dollar amount for operation expeditures in the Exiting Elected Official Expenditure Policy to $7,500.00 for the Commissioners and the County Judge, and for all other Elected Officials to remain at $1,500.00.

Vote: 5 - 0 - Unanimously
 
8.
 
Constables:
 
A.
AI-44054
Constable Pct. 3:
Discussion, consideration and approval to appoint Jose Guzman as Reserve Deputy Constable by Constable Lazaro Gallardo, Jr., Constable Precinct 3, in accordance with Texas Local Government Code Section 86.012.
 

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:
 
B.
AI-43886
Constable Pct. 3 - LBSP (1284):
Authorization and approval to accept an extension for the 2013 Local Border Security Program (LBSP) grant through August 31, 2014. 
 

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: 5 - 0 - Unanimously

 
C.
AI-43883
Constable Pct. 3-LBSP (1284) :
1. Authorization and approval to accept additional funding of $29,000.00 for the Local Border Security Program FY 2014 (LBSP-14) Grant Award No: LBSP-14-0030.

     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

2. Authorization for County Judge, as authorized official, to sign grant award form and related documents.

     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

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

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, 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 Local Border Security Program FY2014 (LBSP-14)

     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

5. Approval to appropriate funds for LBSP-14 in the amount of $29,000.00.

     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
 
D.
AI-44044
Constable Pct. #4 - LBSP FY14 (1284):
1.  Authorization and approval to change the designation of grant officials on the Local Border Security Program FY2014 to assign Atanacio "J.R." Gaitan as Grant Performance Officer.

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

     Vote: 5 - 0 - Unanimously

2. Authorization and approval for County Judge, as authorized official, to sign required documents.

     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: 5 - 0 - Unanimously
Attachments:
 
E.
AI-44042
Constable Precinct No. 4:
1. Discussion, consideration, and approval to appoint the persons listed below as Deputy Constable by Constable Atanacio "J.R." Gaitan, Precinct 4 in accordance with Texas Local Government Code Section 86.011:
 
Michael E. Anzaldua Robert Lugo, Jr.
David Trinidad Sanchez Teodoro A. Lemus, Jr.
Raul A. Salinas David Garza, Jr.
Carlos Gonzalez, Jr. Albert Allen Collins
Joaquin Vasquez Romeo Pena, Jr.
Martin Bradley Brown Aaron L. Moreno
Armando Patlan Horaldo Sanchez

     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. Discussion, consideration, and approval to appoint the person listed below as Reserve Deputy Constable by Constable Atanacio "J.R." Gaitan, Precinct 4 in accordance with Texas Local Government Code Section 86.012:
 
James Moon

     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:
 
9.
 
Sheriff's Office:
 
A.
AI-44038
Sheriff's Office - LBSP FY2014 (1284)

1. Authorization and approval to change the designation of grant officials on the Local Border Security Program FY2014 to assign Sheriff J.E. "Eddie Guerra" as Grant Performance Officer.

     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: 5 - 0 - Unanimously

2. Authorization and approval for County Judge, as authorized official, to sign required documents.

     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:
 
B.
AI-44053
Sheriff's Office Grade & Step Pay Plan:
1. Discussion, consideration and approval to revise the Sheriff's Office Grade and Step Pay Plan to include the following personnel actions:

 Action
Current
Position Rank
Proposed
Position Rank
Current
G&S Salary
Proposed
G&S Salary
Salary Adjustment 
Chief Deputy
Chief Deputy
87,550.00
90,000.00

     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: 5 - 0 - Unanimously

2.  Approval of revised Sheriff's Office Grade and Step Pay Plan.

     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
 
 
10.
 
Human Resources - Esther Cortez:
 
A.
AI-44079
Sheriff's Office/ Jail (1100):
1.  Approval of the following personnel actions, effective 04/15/14:

Action Position Title Slot # Dept. # Current
Budgeted Salary
Proposed
Budget Salary
Delete Chief of Staff 0370 280-001 $ 77,250.00 -0-
Delete Administrative Assistant I 0389 280-002 $ 24,087.00 -0-
Create Chief Deputy 0417 280-001 -0- $ 90,000.00
Add Clothing Allowance Chief Deputy 0417 280-001 -0-      $ 500.00
Add Supplemental Pay Chief Deputy 0417 280-001 -0-   $ 1,800.00

     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

At this time, Commissioner Joseph Palacios stepped away from the meeting.

2. Approval of interdepartmental transfer. 
3. Approval of revised salary schedule(s).

     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 of Items 2 and 3.

     Vote: 4 - 0 - Unanimously
 
B.
AI-43937
Sheriff's Office (1100):
1. Approval of the following personnel actions, effective next full pay period, 04/21/2014:

Action Slot # Position Title Budgeted
Allowance Amount
Delete Clothing Allowance 0127 (Sr.) Deputy Sheriff (Step III) $ 500.00
Add Clothing Allowance 0128 Deputy Sheriff (Step II) $ 500.00

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.

Vote: 4 - 0

 
11.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-43876
District Attorney's Office - LEOSE (1220):
1.)  Approval of certification of revenues as certified by the County Auditor for the 2014 LEOSE allocation of the District Attorney's Office in the amount of $1,357.94.

     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.) Approval of Budget Amendment to appropriate the 2014 LEOSE allocation from the State Comptroller in the amount of $1,357.94.

     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
 
12.
 
Tax Office - Paul Villarreal:
 
A.
AI-44000
Discussion, consideration, and approval to execute an agreement between the County of Hidalgo and HEB Grocery Company, LP to act as an agent of the County in the issuance of Motor Vehicle License Renewal Stickers.
 

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.
AI-44036
Discussion, consideration, and approval to execute an agreement between the County of Hidalgo and Guzman Insurance Agency to act as a limited-service deputy authorized agent of the County in the issuance of Motor Vehicle License Renewal Stickers. 
 

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

 
13.
 
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.
 
14.
 
Urban County - Diana Serna:
 
A.
AI-43921
The Urban County Program on behalf of the City of Palmview is requesting approval and award of best and final negotiated contract with SAMES, Inc. in the amount of $ 39,495.00 utilizing CDBG FY (2013) Street Improvements funds ( La Homa Road Bridge 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:
 
B.
AI-43971
 Requesting Approval of the revised Urban County Program HOME - Community Housing Development Organization (CHDO) – Policies Manual and authorization to revise as necessary.
 

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-43922
The Urban County Program on behalf of the City of Edcouch is requesting approval and award of best and final negotiated contract with LAZCAMREA, LLC d/b/a Fulcrum Consulting Services in the amount of $15,000.00 utilizing CDBG FY 26 (2013) Street Improvements 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:
 
D.
AI-43947
Urban County Program, on behalf of Precinct No.1, is requesting approval of Amendment No. 2 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 $102,000.00 to $104,000.00 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

 
E.
AI-44018
Approval of land acquisition of Parcels # 14,15,42,43, and 46 for the Delta Area Connector/East Lateral Project (GLO 12-406-000-6453/DRS 210068). 
 

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:
 
15.
 
Elections Administration - Yvonne Ramon:
 
A.
AI-43997
Discussion and/or action, including but not limited to Elections updates.

This Item was discussed and voted on after 15.C.  Commissioner Joseph Palacios had joined the meeting at that point.

Ms. Ramon informed the Court that 241 voting machines were released from impoundment and have been accounted for.  She did announce that they will have to purchase new media for the machines due to the media that was in the machines is to remain impounded.  She advised the court that for the upcoming runoff election, their department will have the judge place the machine into the cage and lock it every night in all locations. 

     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 secure the voting machings by having the judge place the machine into a cage and lock it every night at every location.

     Vote: 5 - 0 - Unanimously
 
B.
AI-44003
1. Discussion, consideration and approval of the May 27, 2014 Primary Runoff Election Early Voting poll locations.

These Items were discussed prior to Item 15.A. 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. Discussion, consideration and approval of the May 27, 2014 Primary Runoff Election Early Voting Mobile Unit sites

     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:
 
C.
AI-44002
1. Appointment of the Early Voting Ballot Board for the May 27, 2014 Primary Runoff Election.
2. Appointment of the Central Counting Station for the May 27, 2014 Primary Runoff Election.

NO ACTION taken on Items 1 and 2.
 
16.
 
Planning Department - Raul Sesin:
 
A.
AI-43893
1. Reimbursement of Financial Guarantee
a. Concho Heights Unit 2 – Pct. 4 (Concho Heights, LP)

     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

b. Ranchitos Escondidos Phase I – Pct. 4 (CWL Limited)

     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
 
17.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-43989
Appointment of member to the Hidalgo County Commuter Rail District (HCCRD). 

NO ACTION taken on this Item.
 
18.
 
Precinct #3 - Comm. Flores:
 
A.
AI-44080
Appointment of member to the Hidalgo County Commuter Rail District (HCCRD).

     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 Jim Barnes.

     Vote: 5 - 0 - Unanimously

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
19.
 
Precinct #4 - Comm. J. Palacios:
 
A.
AI-44057
Requesting approval for payment for inv. no: 3006-14 in the amount of $2,025.60 submitted by Mata-Garcia Architects, LLC in connection to the Hidalgo County Urban County Program- Sunflower Park 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

 
20.
 
HIDTA - Task Force - Dora Munoz:
 
A.
AI-43840
1. Requesting to remove the following assets from the Fixed Asset Inventory:
Asset No. Description Serial No.
53597 Mobile Radio 5300 5318J1011C10597 
53598 Mobile Radio 5300 5318J0911T10447 
53599 Portable Radio 5100  5110G2908C63089 
53600 Portable Radio 5100 5110G2808C62454 
53601 Portable Radio 5100 5100G2808C62409 
53602 Portable Radio 5100 5110G2908C63126 
53603 Portable Radio 5100 5100G2908C63132 
50998 Mobile Radio 5300 5326J3309T-79724
50999 Mobile Radio 5300 5326J3309T-79742
51000 Mobile Radio5300 5326J3209T-79251
51001 Mobile Radio 5300 5326J3209T-79248
51002 Mobile Radio 5300  5326J3309T-79734
51003  Mobile Radio 5300  5326J3309T-79719
51004  Mobile Radio 5300  5326J3309T-79733
 51006  Mobile Radio 5300  5326J3209T-79246
 51008  Portable Radio 5100  5119G4308T-84921
 51009  Portable Radio 5100  5110G3408T-72233
 51010  Portable Radio 5100  5110G3308T-70240
 51011  Portable Radio 5100  5110G0109C-92983
 51012  Portable Radio 5100  5100G3408T-71767

     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 and approval to accept the Memorandum of Understanding between the Hidalgo County HIDTA Task Force and the Starr County HIDTA Task Force.

     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:
 
21.
 
Budget & Management - Sergio Cruz:
 
A.
 
Budget Appropriations:
 
1.
AI-43880
Sheriff Office (1100):
A. Approval of Certification of Revenue by County Auditor for the Sheriff.
B. Approval of 2014 appropriation of funds for Sheriff in the amount of $6,766.11 to fund the purchase of a replacement vehicle.
 

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: 4 - 0

Attachments:
 
2.
AI-43904
Tax Office Special Vehicle Inventory (1246):
Approval of 2014 appropriation of funds in the amount of $52,764.91 for Tax Office Special Vehicle Inventory to fund various operating expenditures. 
 

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.
AI-43918
County Clerk's Record Archive (1100): Approval of 2014 appropriation of funds in the amount of $54,960.00.
 

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:
 
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.
AI-44010
1. 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

2.  Acceptance and Approval to enter into contract through (a letter of engagement) with the Law Firm of Best Best & Krieger LLP, to assist Hidalgo County as legal counsel in connection with the reconfiguration of Hidalgo County's 800 MHz Safety Radio System as ordered by the US Federal Communication Commission (FCC) with review and approval as to form by Asst. DA, Hon. Victor Garza.

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
 
B.
AI-44074
1. Discussion and consideration to rescind action taken by HCCC on 04-02-14 on Agenda Item 20.A.1-AI-43662 with roster of 10 grading members, plus Exec. Ofc. & Purchasing Agent as non-graders attached herein; and, if approved;

     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. Action to re-designate/appoint a committee to evaluate/grade and score the proposals received by Hidalgo County on 03-19-14 for RFP No. 2014-061-03-19-YZV "Financial Advisory Services", as detailed in procurement packet.

Mr. Valde Guerra stated those whom need to be apart of the committee are the Governing Body (Commissioners' Court Appointees) and one member from the User Department (Budget 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 to appoint Non-Voting Members: Frank Traver, Marty Salazar (Coordinator), Valde Guerra (Advisor), Graders: Sergio Cruz, Raul Lozano, Raul Silguero, Ray Eufracio (Alternate: Linda Fong), Marcos Lopez, and Yolanda Chapa (Alternates: Jaime Longoria or Bobby Villarreal).

     Vote: 4 - 0 - Unanimously

Commissioner Hector "Tito" Palacios joined the meeting.
 
C.
 
Pct. 1
 
1.
AI-43934
Acceptance and approval of professional service agreement #C-14-099-04-15 with Harvey L. Heerssen d/b/a HLH Appraisal Services for the purposes of "Review of Appraisal Services" (on an as needed basis) for projects located within Hidalgo County Precinct No. 1 authorized for negotiations by CC on 03/18/14.
 

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:
 
2.
AI-43972
Constable:
Acceptance and approval for County to pay the outstanding balance as submitted by Reliant and referenced on Invoice Number #122-003-595-617-9 in the amount of $2,099.54 from 10/01/13 to 12/11/13  and thereafter pursuant to Article Section 9.7.1 of the AIA Contract with Holchmont (Contract #C-12-028-07-24-Construction Of A New Constable Building Precinct One) thus allowing County to deduct the outstanding amount from the retainage still owed to the general contractor, "Holchmont, LTD" and avoid the possibility of services to be terminated by Reliant due to the outstanding balance.
 

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

 
D.
 
Pct. 2
 
1.
AI-44008
A. Recommendation by project engineer Raul Sesin, P.E., Hidalgo County Planning Dept., to award the project -Hidalgo County Precinct No. 2 -"Gearhart Drive Paving and Drainage Improvements"-RFB No. 2014-078-04-02-MSS." to the lowest bidder meeting all specifications, Rojas Heavy Equipment, LLC dba Rojas Construction & Paving, in the total amount of $185,675.92 (base bid and Alternates 1 and 2).

     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

B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee (historically Raul Sesin unless otherwise voice by Comm.) to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

     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: 5 - 0 - Unanimously
 
2.
AI-44023
Approval of the following requisitions listed for operating expenditures exceeding $1,500:
Program  Requisition No. Vendor  Amount Item 
Road Maintenance  254910  Doggett Freightliner of South Texas, LLC  $1,537.51  Parts for Unit# 51 
Road Maintenance 255197 H&V Equipment  $11,658.49  Parts for Unit# 63 
Sanitation  254918  Fleetpride  $1,859.82  Parts for Unit# 55 
 

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:
 
E.
 
Pct. 4
 
1.
AI-44027
Requesting approval of a professional appraisal services agreement with LEONEL GARZA, JR. & ASSOCIATES, LLC for the purposes of appraisal services for: The Fair Market Value Appraisals in connection with the Acquisition of Land, Rights of Way, Easements, Condemnations and Disposition of County owned Property located within Hidalgo County Precinct No. 4 (on an as needed basis) and as selected for negotiations by CC from the "POOL" of Appraisers by CC on 03/05/14. 
 

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: 5 - 0 - Unanimously

 
F.
 
Sheriff's Office
 
1.
AI-43910
A. Presentation of the  scoring/evaluation grid  (for purpose of CC determination as "Qualified" so as to proceed with next step of the procurement process) of the sole response received from Dr. Marin Garza, MD (as detailed in documentation attached herein) for: Professional Physician Services for Inmates for Hidalgo County Sheriff's Office- RFQ 2014-009-03-26-YZV.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval.

     Vote: 5 - 0 - Unanimously

B. Authority for Purchasing Department and/or other County Staff to negotiate a professional services contract with the qualified participant DR. MARIN GARZA, MD for the provision of "Professional Physician Services for Inmates" for Hidalgo County Sheriff's 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: 5 - 0 - Unanimously
 
2.
AI-44005
A.   Requesting exemption from competitive bidding requirements, Texas Local Gov. Code, 262.024(a)(7)(A)(D)-'an item that can be obtained from only one source', 'items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies', 'captive replacement parts or components for equipment';

     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.  Acceptance and approval of a "Sole Source Declaration" with L-3 Communications Mobile-Vision for the purchase of products and services commencing with requisition #250088-$1,500.00 for repairs of video system in Sheriff's Office Patrol Units thereafter remain in effect unless revoked by Hidalgo County Commissioners Court.

     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:
 
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-44014
Claim of Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)
 
D.
AI-43975
Claim of Leonard Ozuna
 
E.
AI-43977
Claim of Graciela Ozuna
 
F.
AI-44025
Irasema Gonzalez et al vs Hidalgo County

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-44015
Claim of Concepcion Cuellar and Norma Gomez, Ind. and as Reps. of the Estate of Brenda Gomez-Cuellar (deceased)

Refer to Items 7.A.1 and 7.A.2.
 
D.
AI-43976
Claim of Leonard Ozuna
 

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval for settlement authority in the amount of $1,049.94.

Vote: 5 - 0 - Unanimously

 
E.
AI-43978
Claim of Graciela Ozuna
 

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 settlement authority to make an offer in the amount of $200.00.

Vote: 5 - 0 - Unanimously

 
F.
AI-44026
Irasema Gonzalez et al vs Hidalgo County
 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR PALACIOS, the Court made a UNANIMOUS vote of approval to tender the Self-Insured Retention with Travelers Insurance in the amount of $47,070.58 and to have Josephine Ramirez to continue to monitor and represent the board in this case.

Vote: 5 - 0 - Unanimously

 
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. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 15th 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 15, 2014.

Signed this 15th 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