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Minutes for CC - REGULAR

SPECIAL MEETING - September 23, 2014

BE IT REMEMBERED, that on this 23rd day of September 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
September 23, 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 3.O and 12.J to be pulled for discussion.

At this time, the Court proceeded to Items 21.B, 21.A, 21.C - 21.F, 10.A & B, 14.A, 6.C.
 
5.
 
Open Forum

Fern McClaugherty commented on the increase of taxes by several entities and are helping create more poor people and questioned the decisions that are made by elected officials.

Virginia Townsend reminded the court that they adopted ethics and nepotism policies.

Opal Billman stated that she attends the Commissioners’ Court meetings because she has been falsely imprisoned for 18 years and is unable to regain her community property.

Edward Estrada stated he will not vote in favor of a tax increase and feels the County should collect back taxes instead of increasing taxes.

Yvonne Ramon, Elections Administrator, wanted to remind everyone that today is National Voter Registration Day and that her department is at UTPA to register and make changes to voters’ information. She wanted to encourage everyone to vote and showed the various applications for ballot by mail. She stated that the deadline to apply for ballot by mail to be received at her office is October 24, 2014 and none will ever be rejected.

Ramiro Trevino informed the Court that he discovered why the tax assessor charges a 40 dollar fee and why did the county take another approach in informing the public about it. He also is concerned about employees that take county vehicles home.
 
6.
 
County Judge's Office:
 
A.
AI-46579
Introduction of Randy Sweeten, newly appointed Chairman of the Hidalgo County Regional Mobility Authority.

Mr. Sweeney introduced himself to the Court and to the Public of his appointment as the HCRMA Chairman.  He reminded the Public that $10 of their license registration goes to the RMA and Road and Bridge Fund, to create the new loop benefit the Hidalgo County and was pleasantly applauded for his presentation.

 
B.
AI-46609
Approval of Proclamation to proclaim September 25, 2014 as National Day of Remembrance For Murder Victims
 

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

 
C.
AI-46642
Approval of Proclamation declaring September as National Childhood Cancer Awareness Month
 

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

Attachments:
 
D.
AI-46593
1. Discussion, Consideration and Approval regarding Interlocal Agreement between Hidalgo County and Weslaco Independent School District to broadcast Commissioners Court meetings.

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.

     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 subject to correction on date to reflect 9-23-14.

     Vote: 4 - 0 - Unanimously

2. Discussion, Consideration and Approval regarding Interlocal Agreement between Hidalgo County and Pharr, San Juan, Alamo Independent School District to broadcast Commissioners Court meetings.

     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
 
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 pertains to Item 24.D; CL-14-3467-A; Rafael Clemente & Nancy Vidal ind. and a/n/f(s) of Richard Clemente v Hidalgo County.

Vote: 4 - 0 - Unanimously

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.E; CL-14-3390-B; Araceli De Anda v. Hidalgo Co. Constable Pct. 2 Martin Cantu; Juan J. Ramos dba El Valle Warehouse.

Vote: 4 - 0 - Unanimously

2. Requesting engagement with the firm of PALACIOS, GARZA, AND THOMPSON, LLP for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

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; CL-14-3467-A; Rafael Clemente & Nancy Vidal ind. and a/n/f(s) of Richard Clemente v Hidalgo County.

Vote: 3 - 0 - Unanimously
Abstention: Commissioner Pct. 4, Joseph Palacios

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. 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.E; CL-14-3390-B; Araceli De Anda v. Hidalgo Co. Constable Pct. 2 Martin Cantu; Juan J. Ramos dba El Valle Warehouse to represent Hidalgo County and its representatives.

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
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-46486
Requesting permission by Paragon Promotionz to host their 2nd Annual Benefit the Children Car, Truck and Bike Show at the courthouse square parking lot on September 27, 2014 from 2:00pm to 10:00pm.  Proceeds for this event will be donated to CASA to help children of Hidalgo County with school supplies, uniforms, and other school necessities.
 

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

 
D.
AI-46594
Discussion and possible action on an Order authorizing the Proposed Resale of Foreclosed Real Estate Properties pursuant to Texas Property Tax Code Section 34.05 (a), (c) and (d).
 

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

Attachments:
 
E.
AI-46492
Right of Way:
Approval of Pipeline Permit Open Cut - Oxy USA Inc, * Crossing 0.70 miles north of 14 Mile Rd on that unnamed road west of the Eyhorn Landfill Subdivision No. 1. * Crossing 0.40 miles from the unnamed road on the west side of the Eyhorn Landfill Subdivision No.1 and being on the unnamed road north of the same Eyhorn Landfill Subdivision No.1 * Crossing 1.62 miles west of FM 2844 on 16 Mile Rd. (Pct. 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

Attachments:
 
F.
AI-46637
Approval to accept Bank of America settlement cashier check from Gloria A. Sturgis in the amount of $1,670.67 to settle auto accident with County vehicle. (Constable Precinct 4)
 

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:
 
8.
 
Constables:
 
A.
AI-46408
Constable Pct. 1 - LBSP (1284):
Discussion and approval of grant extension for the Local Border Security Program 2014 grant (LBSP-14) expiring on August 31, 2014; to be extended until February 28, 2015.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
B.
AI-46483
Constable Pct. 4:
1. Authorization and approval to purchase through the State of Texas Surplus Property Program under Chapter 2175.001 of the Texas Government Code and Sec. 262.024(a)(9)(C) of the Local Government Code for: One (1) 2008 Ford F-150 XL Super Cab police interceptor model vehicle and equipment (light bars, stalker radar and speakers) for the total amount of $9,430.00.

     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
 
2. Authorization for Purchasing Department to process a requisition and issue a purchase order and County Treasurer's to cut a check made payable to: Texas Facilities Commission after completion of County Auditor's review procedures.

     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:
 
9.
 
Sheriff's Office:
 
A.
AI-46465
Operation Stonegarden (1284):
Authorization and approval to de-obligate $6,000.00 of Sheriff's Office Operation Stonegarden 2013 mileage funds to allocate to Constable Pct. 4.
 

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

 
B.
AI-46394
State Criminal Alien Assistance Program (SCAAP) Grant (1284):
Authorization and approval to accept the State Criminal Alien Assistance Program (SCAAP) 2014 Grant in the amount of $27,922.00.
 

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

Attachments:
 
C.
AI-46293
Sheriff's Office-FBI (1284):
1. Approval to accept overtime funding agreement from the Federal Bureau of Investigation (FBI) in the total amount of $17,374.25.

     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 to pay overtime reimbursable under the grant terms and conditions.
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
3. Approval of Certification of Revenues as certified by the County Auditors for the FY2015 FBI overtime agreement.
     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 appropriation of funds in the amount of $17,374.25.

     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
 
D.
AI-46509
Approval of Sheriff/Constable Fee Schedule for Year 2015.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
10.
 
Health & Human Services Department - Eddie Olivarez
 
A.
 
Health Care Funding District:
 
1.
AI-46304
a. Public Hearing to consider public comments concerning the amount of mandatory payments required to be paid by paying hospitals for fiscal year 2015 and how the revenue derived from those payments is to be spent.

This Item was taken out of order and the entire Court was present.

Judge Garcia opened the Public Hearing. Mr. Eufracio stated he had just received a listing of payments and questioned the proposed payments of $8,072,392.00; Mr. Olivarez explained that the proposed rate is 2.53%, quarterly .6325%, totaling $8,072,392.00 per quarter for the next four quarters for a grand total of $32,289,568.00. Ms. Fern McClaugherty questioned the monies that are going toward the Hospital District and the 1115 Waiver and Mr. Olivarez answered that this matter (LPPF funding) and the Hospital District are two separate components. Mr. Olivarez wanted to make it very clear that these monies are not coming from taxpayer revenue; it is supported by hospitals' revenue up until 2016. With no further comments from the Court nor the Public, the Public Hearing was closed. 

b. Consideration and possible approval of mandatory payment to be assessed quarterly by the Hidalgo County Health Care Funding District on the net patient revenue of an institutional health care provider and how the revenue derived from those payments is to be spent.

     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

c. Consideration and possible approval for the Hidalgo County Tax Accessor/Collector to collect the mandatory payment required by Hidalgo County Health Care Funding District.

     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. Consideration and approval to assess mandatory payment & set assessment date.

     On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval effective today, 9-23-2014.

     Vote: 5 - 0 - Unanimously

Mr. Eufracio asked when the first quarterly payment is due and Mr. Olivarez replied by listing the payment due dates which are November 30, 2014, February 28-29, 2015, May 31, 2015 and August 31, 2015.
 
2.
 
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, consideration, and action regarding Hidalgo County Indigent Health Care Program and 1115 Waiver 2015 Budget.

Mr. Olivarez indicated that there has been a request made by the hospital partners in regards to the allocation budgeted this year in the amount of 5.6 million dollars in which they have requested an increase to 7 million dollars. Mr. Carlos Zaffirini, representing Hidalgo County Clinical Services, reminded the Court that in 2006, the County contributed 10 million dollars, then it was reduced to 8 million last year. He stated the County's funding helps build a stronger safety net for the county's Indigent Care Program and is requesting the 7 million, which he indicated is still a savings of one million dollars from last years' contribution. Judge Garcia stated that the proposal of the 5.6 million would generate, under the multiplier of 1.38, an additional 7,728,000.00 for a total of 13,328,000.00, which in effect would place them ahead approximately 3 million dollars. He stated there is realization of the needs of indigent care and also the needs of taxpayers and they felt it was a fair decision. Commissioner Flores stated that 7 million would be out of the question and proceeded with a motion to contribute 6 million dollars. Commissioner Tito Palacios asked if Commissioner Flores would consider amending his motion to contribute 6.250 million because he feels the hospitals have done a tremendous job in their efforts serving our indigent population.

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 contribute 6 million dollars to the Indigent Health Care Program.

Vote: 5 - 0 - Unanimously
 
11.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-46480
Approval to reimburse Deputy Fire Marshal, Eric Sanchez, for Fire Service Instructor I exam in the amount of $85.00 (requisition #00263010) with authority for county treasurer to issue payment after reviewing and auditing procedures are completed.
 

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-46481
Approval to reimburse Deputy Fire Marshal, Medardo Villarreal, for Fire Inspector I exam in the amount of $85.00 (requisition #00263014) with authority for county treasurer to issue payment after reviewing and auditing procedures are completed.
 

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

 
12.
 
Adult Probation - Arnold K. Patrick:
 
A.
AI-46289
DWI Grant Program Income (1289):
1.  Approval of certification of revenues as certified by the County Auditor for the DWI grant program income in the amount of $2,757.00

     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 appropriation of DWI grant program income (GPI) in the total amount of $2,757,00.

     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
 
13.
 
Urban County - Diana Serna:
 
A.
AI-46542
Requesting approval to rescind action taken by County Commissioners' Court on November 26, 2013. Agenda Item # (A1-41818) authorizing to negotiate a professional engineering service contract with the highest ranked firm DOS Logistics, Inc. for a UCP- City of Weslaco, FY 26 (2013) Water/Sewer Improvements project.
 

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.
AI-46261
Hold a Public Hearing to consider public comments for Hidalgo County Urban County Program’s Consolidated Annual Performance and Evaluation Report (CAPER) prior to submission to the U.S. Department of Housing and Urban Development.

Judge Garcia opened the Public Hearing for comments.  Ms. Virginia Townsend wanted to let Ms. Serna and the Court know that she wanted to commend Ms. Serna in keeping the county out of trouble in the Urban County Program and is happy about the smooth sailing in the department. With no further comments, Judge Garcia closed the public hearing.
 
C.
AI-46262
1) Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 3’s proposed budget and program amendment for FYs (2005 thru 2014) The proposed amendment will delete and include new streets for Precinct No. 3 funding, amend project descriptions for the City of Granjeno Park Improvements Project, delete Water/Sewer Improvements and create a Public Service (General) activity for the City of Peñitas.

Judge Garcia opened the Public Hearing for public comments.  With no comments, Judge Garcia closed the Public Hearing.



2) Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 3 for FYs (2005 thru 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: 4 - 0 - Unanimously
 
D.
AI-46451
The Urban County Program is requesting authorization to cancel a construction materials observation and testing services contract with Raba Kistner consultants, Inc. in the amount of $6,306.85 for year 2011 Water/Sewer Improvements project in the City of Weslaco. The project is 100% completed and no testing services were provided.
 

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-46489
1.  The City of Edcouch is requesting consideration and action to award and enter into a construction contract with the second (2nd) lowest bidder R & R Paving, LLC for a Street Improvements project in the amount of $191,217.60 utilizing UCP - City of Edcouch, FY 26 (2013) street improvement funds.

Ms. Serna indicated that this was a two portion item in which the first is a request on behalf of the City of Edcouch, not from the Urban County Program and that the Auditor also had a concern on the item. Commissioner Flores asked why would the project be given to the 2nd lowest bidder. Ms. Serna stated that three letters were provided by the engineer in which one states that the lowest bidder is known as a trucking company with no further reasoning.  The auditors' concern was that the county is required to award the bid to the lowest bidder, unless the lowest bidder is allowed to the opportunity to address the issue of why they did not meet the requirements.  Mr. Gustavo Rea, Fulcrum Consulting Services, Engineer for the project, stated they submitted their letter of recommendation for R & R Paving due to their long standing relationship and they feel they are the lowest, responsible bidder.  He stated that the city had requested to pay the difference of $3,000.  Commissioner Flores asked Ms. Serna what her recommendation was and she reminded the Court that they make every attempt to abide by State, Local, and Federal laws, based on Local Government Code 262 and recommended the Court not approve this item.  Steve Crain, Legal Counsel, explained that if they were not award the lowest bidder, a Hearing must take place to offer them an opportunity to present why he should be awarded the contract.  Mr. Crain asked Ms. Serna if they have had any previous business with the lowest bidder and she replied that they have and have never had any issues reported and completed the projects on time. Owner of 2GS was present and stated that he has submitted letters of recommendation to support his argument on why they should be awarded the project.  Mr. Eufracio recommended the Court take no action on this Item.

NO ACTION taken on this Item.



Commissioner Hector "Tito" Palacios joined the meeting.

2.  Urban County Program (in compliance with County of Hidalgo Procurement Policies and Texas Local Government Code 262) is requesting consideration and action to award and enter into a construction contract with the lowest responsible bidder 2GS, LLC for a Street Improvements project in the amount of $188,368.00 utilizing UCP - City of Edcouch, FY 26 (2013) street improvement funds.

     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
 
F.
AI-46503
Requesting authorization to remove Advocacy Resource Center of Housing, Inc (ARCH), a non-profit organization participating in the Emergency Solutions Grant Program (ESG) from the 2014-2015 Annual Action Plan (Year 27). The UCP Annual Action Plan was approved by County Commissioner’s Court on May 5, 2014 and submitted to the U.S. Department of Housing & Urban Development (HUD).
 

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.

Vote: 5 - 0 - Unanimously

 
G.
AI-46532
Approval of land acquisition of Parcel #16 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: 5 - 0 - Unanimously

 
14.
 
TX. Agri-Life Extension Services:
 
A.
AI-46501
Texas Master Gardener, Norma Linda Sanchez, would like to address the court with a few words on the retirement of Mrs. Barbara Storz.

Ms. Storz was recognized for her dedication on a long list of programs locally and nationally, but will be retiring as of September 30, 2014. Ms. Norma Linda Sanchez was present to express her gratitude to Ms. Storz and was happy to announce that she is now permitted as an Organic Grower and Winemaker with her support.  Ms. Storz pointed out that because the community allowed and accepted her, she will be more than happy to continue serving the community in other ways.  
 
15.
 
Veterans Services - Emilio de los Santos:
 
A.
AI-46287
Resolution Advocating Hyperbaric Therapy and Other Medical Treatments.
 

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

Attachments:
 
16.
 
Head Start Program - Teresa Flores:
 
A.
AI-46401
Discussion/Approval to Submit the Following 2015 Budget Applications:
1. Department of Health and Human Services (DHHS)
2. Texas Department of Agriculture (TDA)

At this time, Commissioner A.C. Cuellar, Jr. and Judge Garcia stepped away from the meeting.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on Items 1 and 2.

     Vote: 3 - 0 – Unanimously
Attachments:
 
B.
AI-46402
Discussion/Approval of the 2014-2015 Training and Technical Assistance (T/TA) Program Plan

Commissioner A.C. Cuellar, Jr. joined the meeting.



     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:
 
C.
AI-46400
Discussion/Approval of the Hidalgo County Head Start Program Revised Area Distribution for 2014-2015
 

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

 
D.
AI-46490
Discussion, Approval and Appointment of One (1) Community Representative by Each Member of the Commissioners' Court to Serve on the Hidalgo County Head Start Program Policy Council, for a One (1) Year Term According to 45CFR Chapter XIII, 1304.50(b)(1)-(b)(7) Beginning October 2014

Judge Garcia joined the meeting.

     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 reappoint Becky Villarreal for Precinct 3, to reappoint Pete Garcia for Precinct 2.  

     Vote: 5 - 0 - Unanimously
 
E.
AI-46436
Discussion/Approval to Declare Obsolete the Attached List of Items and Transfer Items to the County's Surplus Department for Proper Disposition
 

On motion by COMMISSIONER PCT. 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:
 
F.
AI-46423
Discussion/Approval of the Hidalgo County Head Start Program Reimbursement for Program Related Mileage Policy

Ms. Flores explained that they would like to adopt a new mileage policy mirroring the County's policy. The proposed reimbursement would only include commuter miles between Western Road and the Administration Building.
 

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 the proposed reimbursement.

Vote: 5 - 0 - Unanimously

Attachments:
 
G.
AI-46403
Discussion/Approval of the 2013-2014 Program Information Report (PIR)
 

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:
 
17.
 
Public Defender's Office - Jaime Gonzalez:
 
A.
AI-46296
Public Defender's Juvenile Section (1282):
1.  Requesting approval to accept the attached FY15 Multi-year Continued Discretionary Grant Award Contract #212-25-D09, in the amount of $79,946 from the Texas Indigent Defense Commission for the period of October 1, 2014 to September 30, 2015.

   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

2.  Approval of the Certification of Revenues as certified by the County Auditor.

3. Approval of interdepartmental transfer from County Wide Admin- Contingency to transfers out to fund a portion of the cash match.

   On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval of Items 2 and 3.

     Vote: 5 - 0 - Unanimously

4.  Approval of appropriation of grant funds in the amount of $79,946.00 and the local cash match in the amount of $202,218.00.

5. Approval of 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 of Items 4 and 5.

     Vote: 5 - 0 - Unanimously

Commissioner Tito Palacios asked what the length of the period of the grant was. Ms. Jennifer Narvaez, Public Defenders Office, stated that it was it four year grant and that this was the fourth year.  The state portion started at 80%, 20% from the County and the amount from the state has reduced as the amount from the county has increased.  

     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 to proceed to Executive Session.

     Vote: 5 - 0 – Unanimously      

Commissioners Joseph Palacios and Tito Palacios stepped away from the meeting.

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 Recess until 3 p.m. today, 9-23-14.

     Vote: 3 - 0 - Unanimously
 
 
18.
 
WIC - Norma Longoria:
 
A.
AI-46359
This portion of the Agenda was discussed after Recess at 3 p.m.

Commissioner Pct. 4, Joseph Palacios and Commissioner Pct. 2, Hector "Tito" Palacios were not present at this time.

WIC ADM Grant (1292):

1. Approval to accept the FY 2015 WIC Adm Grant award in the amount of $10,983,089.00 commencing October 1, 2014 - September 30, 2015 pending receipt of contract 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: 3 - 0 - Unanimously

2. Requesting authorization to continue the provision of WIC Services for FY2015 commencing October 1, 2014 September 30, 2015. 

     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: 3 - 0 - Unanimously

3. Approval of Certification of Revenues in the amount of $10,270,000.00 as certified by the County Auditor for the FY 2015 WIC Admin 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: 3 - 0 - Unanimously

4. Approval of appropriation of funds in the amount of $10,270,000.00 for the FY2015 WIC Adm Grant.

     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: 3 - 0 - Unanimously

5. Approval of the following personnel actions:
 
Action Slot# Position Title Current/Proposed
Budgeted Salary
Delete 0018 Nutritionist I $41,280.00
Delete 0058 Clerk V $35,391.00
Delete 0094 Courier $27,881.00
Delete 0122 Clerk II $23,864.00
Delete 0128 Clerk II $23,864.00
Delete 0133 Clerk I $19,121.00
Delete 0150 Clerk I $19,199.00
Delete 0153 Clerk I $19,121.00
Delete 0154 Clerk II $23,083.00
Delete 0157 Clinic Aide II $23,083.00
Delete 0173 Clerk I $19,121.00
Delete 0190 Custodian I $23,807.00
Delete 0218 Nutritionist I $41,280.00
Create 0248 Clinic Manager $44,583.00
Create 0249 Clinic Manager $44,583.00

     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: 3 - 0 - Unanimously

6. Approval of the FY2015 WIC Adm Grant 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: 3 - 0 - Unanimously

WIC BF Grant (1292):
1. Approval to accept the FY 2015 WIC BF Peer Counselor Grant award in the amount of $799,302.00 commencing October 1, 2014 - September 30, 2015 pending receipt contract 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: 3 - 0 - Unanimously

2. Requesting authorization to continue provision of the WIC BF Peer Counselor Program for FY 2015 commencing October 1, 2014- September 30, 2015.

     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: 3 - 0 - Unanimously

At this time, Commissioner Joseph Palacios joined the meeting.

3. Approval of Certification of Revenues as certified by the County Auditor for the FY 2015 WIC BF Peer Counselor Grant.

     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 appropriation of funds for the FY2015 WIC BF Peer Counselor Grant.
5. Approval of the FY 2015 the WIC BF Peer Counselor Grant salary schedule.

     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 4 and 5.

     Vote: 4 - 0 - Unanimously

Registered Dietician (1292):
1. Approval to accept the FY 2015 WIC: Registered Dietician Grant award in the amount of $57,255.00, commencing October 1, 2014 - September 30, 2015 pending receipt of contract 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

2. Requesting authorization to continue provision of the WIC Registered Dietician Program for FY 2015 commencing October 1, 2014 - September 30, 2015.

     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 Certification of Revenues as certified by the County Auditor for the FY2015 WIC Registered Dietician Grant.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

   
 Vote: 4 - 0 - Unanimously

4. Approval of appropriation of funds for the FY 2015 WIC Registered Dietician Grant.
5. Approval of the FY 2015 WIC Registered Dietician Grant 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 Items 4 and 5..

    Vote: 4 - 0 - Unanimously

Lactation Services Grant (1292):
1. Approval to accept the FY 2015 WIC Lactation Services Grant in the amount of $80,000.00, commencing October 1, 2014- September 30, 2015 pending receipt of contract documents.

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

     Vote: 4 - 0 - Unanimously

2. Requesting authorization to continue provision of the WIC Lactation Services Program for FY2015 commencing October 1, 2014- September 30, 2015.
     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 Certification of Revenues as certified by the County Auditor for the FY2015 WIC Lactation Services Grant.

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

     Vote: 4 - 0 - Unanimously

4. Approval of appropriation of funds for the FY 2015 WIC Lactation Services Grant.
5. Approval of the FY2015 WIC Lactation Services Grant 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 4 and 5.

     Vote: 4 - 0 - Unanimously

WIC Obesity Grant (1292):
1. Approval to accept the FY 2015 WIC Obesity Prevention Grant in the amount of $20,000.00, commencing October 1, 2014- September 30, 2015 pending receipt of contract 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

2. Requesting authorization to continue provision of the WIC Obesity Prevention Program for FY 2015 commencing October 1, 2014 - September 30, 2015.

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

     Vote: 4 - 0 - Unanimously

3. Approval of Certification of Revenues as certified by the County Auditor for the FY 2015 WIC Mini Obesity Prevention Grant.
4. Approval of appropriation of funds for the FY2015 WIC Mini Obesity Prevention Grant.

     On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of Items 3 and 4.

     Vote:
4 - 0 - Unanimously

WIC Lactation Service Center Grant (1292):
1. Approval to accept the FY 2015 WIC: Lactation Service Center Grant in the amount of $275,000.00, commencing October 1, 2014- September 30, 2015, pending receipt of contract 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

2. Requesting authorization to continue the provision of the WIC Lactation Service Center Grant for FY 2015 commencing October 1, 2014 - September 30, 2015.

     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 Certification of Revenues as certified by the County Auditor for the FY 2015 WIC Lactation Service Center 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: 4 - 0 – Unanimously

4. Approval of appropriation of funds for the FY2015 WIC Lactation Service Center Grant.
5. Approval of the FY2015 WIC Lactation Service Center Grant salary schedule.

     On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of Items 4 and 5.

     Vote: 4 - 0 – Unanimously
 
B.
AI-46572
Requesting approval to apply for the Community Based Solutions to Reduce Chronic Disease Project sponsored by NWA funding through the CDC. Deadline to complete online application is September 26, 2014.

     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

At this time, Judge Garcia stepped away from the meeting.

Attachments:
 
19.
 
Colonia Access Program - John Paul Lugo:
 
A.
AI-46299
Pct.#1 - Pct.#4 BCAP Round III (1312)
1. Approval to deobligate $1,516,747.90 from 3rd Call Border Colonia (Fund 1312).

     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: 3 - 0 - Unanimously

2. Approval to appropriate $1,516,747.90 into 3rd Call Border Colonia (Fund 1312) for the following precincts in relation to Round III Colonia projects:  

Pct.#1 BCAP Round III $901,499.41
Pct.#2 BCAP Round III $244,283.00
Pct.#4 BCAP Round III $223,750.95
BCAP RIII Contingency Road Allocation $147,214.54
TOTAL $1,516,747.90

Mr. Lugo announced a correction on this Item.  He stated that the third Item in column one should read Pct.#3, not Pct.#4.

Judge Garcia joined the meeting.

      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.
 
Planning Department - Raul Sesin:
 
A.
AI-46430
Final Approval
1. La Victoria Phase 2 Subdivision – Pct. 1 (Paul Daniec)
 

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

 
21.
 
Budget & Management - Sergio Cruz:
 
A.
AI-46257
2015 Budget Process:
1. Presentation of Fiscal Year 2015 Proposed Budget to be filed with the County Clerk and County Auditor as per Local Government Code - Section 111.066. (Adoption of the 2015 Budget will be held on September 30, 2014 at 9:30 a.m. in the Edinburg Council Chambers, 415 W. University Drive, Edinburg, Texas.)

Mr. Sergio Cruz, Budget Officer, stated that the Proposed Budget will be come forth for adoption on September 30, 2014 at 9:30 a.m. at the City of Edinburg Council Chambers and reminded the Court and Audience that it will be available online and will be filed with the County Clerks' Office and the Auditor's office for public inspection. He read the report that was prepared with the amounts of the 2015 Proposed Budget. He iterated that the 2015 Proposed Budget is $185,235,548 with Estimated Revenues as estimated by the County Auditor of $176,538,434; therefore, there will be a need to use funds from the General Fund Fund Balance of $8,697,114. The beginning Fund Balance for 2015 will be $25,008,501. He expressed that even though it does fall within the County fund balance guidelines of 10-15%, it is still recommended to have a fund balance of 2 months of 16%, but he believes this budget will serve the county and will serve the needs that we will have for 2015.  Mr. Valde Guerra wanted to remind the Court of discussions had with the Public Defenders Office of adjustments that may be needed that are not currently in the proposed budget, but will be addressed to the Commissioners' Court next week.  Mr. Cruz summarized Financing Resources to cover the shortfall to the General Fund and with that Financing Plan, they estimate the final balance will be $33,705,614.00.  The Court will hold a Public Hearing prior to adoption, therefore any changes to the proposed budget will be discussed at that time. The adoption of the 2015 Budget will take place on September 30, 2014 at 9:30 a.m. at the Edinburg Council Chambers. 

2. Presentation of Tax Assessor-Collector's Fiscal Year 2015 Special Funds Budget filed with the County Budget Officer as per Local Government Code - Section 111.096

Mr. Cruz announced that the Special Funds Budget will be filed and posted on the website and will not require any approval. 
 
B.
AI-46268
Second Public Hearing to discuss proposed 2014 Tax Rate.
(Adoption of the 2014 Tax Rate will be held on September 30, 2014 at 9:30 a.m. in the Edinburg Council Chambers, 415 W. University Drive, Edinburg, Texas.)

Mr. Cruz informed the public that the County is proposing the same tax rate as last year, which is .59 cents per 100 dollars of valuation.  He commented that it is above the effective tax rate; therefore, the County is required to have two Public Hearings and the adoption will take place September 30, 2014.  Judge Garcia opened the Public Hearing and with no comments from the Court nor public, Judge Garcia closed the Public Hearing.
 
C.
AI-46452
Discussion, consideration and possible action in relation to proposed revisions to the Travel Policy, Guidelines, and Procedures. 

Mr. Cruz stated that the Travel Policy has been revised by increasing the lodging, luggage, toll and fair reimbursements.  It has been reviewed by his office and recommends approval.

     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
 
D.
AI-46418
Poll Workers (1100):
Approval to increase the wage rate to the Poll Workers (Elections/ Alternate Clerks & Elections Judges) as follows:

Action Current
Wage Rate
(Non-training)
Proposed
Wage Rate
(Non-training)
Elections/ Alternate Clerks $8.00 per hour $10.10 per hour
Elections Judges $9.00 per hour $12.00 per hour
 

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

 
E.
AI-46643
Approval to submit IRS Form 8821 designating Sergio Cruz, County Budget Officer, as Hidalgo County Appointee authorized to receive/inspect tax information for listed tax matters, with authorization for County Judge to sign the required 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: 5 - 0 - Unanimously

 
F.
 
Budget Appropriations:
 
1.
AI-46543
Health Department (1293):
Approval to deobligate cash match funds from the Health Department Grants (fund 1293) for FY 2015 and appropriate into Countywide Administration-Contingency (fund 1100) in the amount of $50,000.00. 
 

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

 
2.
AI-46421
Pct. 3 R&B (1200):
Approval of 2014 appropriation of funds from the R&B unreserved fund balance for Pct 3 Rd Maint (fund 1200, program 005) in the amount of $26,746.70 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: 5 - 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-46554
A.  Clarification purposes:  On CC of 09-09-14 Purchasing reported that the method of procurement used in the solicitation of 2006 delinquent tax collection services project was through a RFQ w/P.  However, the correct method of solicitation of Engagement of a Law Firm for the Collection of Delinquent Ad Valorem Taxes" was an RFP w/Q Request for Proposals with Qualifications); 

Mr. Eufracio asked what was the difference between an RFP w/Q and an RFQ w/P and Ms. Betancourt explained that the grading system for an RFQ w/P is selected based on Qualifications and an RFP w/Q places most emphasis on the fees. She explained that the scoring system will be the same as it was in 2006, but an adjustment to the points was made as recommended by the Chiefs of Staff. She listed the criteria on the proposed solicitation pursuant to the discussion that took place on Friday (9-19-14) and is as follows:

Firm Qualifications and Experience: 15 points
Firm’s Ability to Commit Resources: 20 points
Methodology: 20 points
Understanding of Project: 15 points
Proposed Fee: 30 points

She reminded the Court that in 2006, all those criteria were at 20 points each; therefore, and the Court discussed that that is how they would like to keep the criteria and points for the current solicitation.
 
B.  Acceptance and approval of the amended  and restated Interlocal Agreement (as drafted by legal counsel) between Hidalgo County and HC-Drainage District No. 1 to include the procurement process by Hidalgo County for the: Engagement of a Law Firm for the Collection of Delinquent and Related Services; and,

   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. As directed by CC members on HCCC meeting of 09-09-14, acceptance and approval of "updated 2006 version" Request for Proposal w/Qualifications (RFP/Q) procurement packet including, legal notices, terms, conditions, Exhibits A (i.e.qualifications, requirements, scope of services) and B (selection criteria/scoring sheet) for: Engagement of a Legal Services for the Collection of Delinquent Ad Valorem Taxes and Other Related Services; OR, in the alternative,

Ms. Darlene Betancourt stated updated version changes the evaluation criteria in accordance to the chiefs of staff recommendation which was discussed earlier and the Request for Proposal as an RFP/Q, not an RFQ/P. Commissioner Flores stated he wanted it to be exactly like the 2006 solicitation and not to change the scoring. Mr. Crain then suggested a motion.

   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 that the criteria and the RFP/Q be identical to the criteria used in the 2006 solicitation.

     Vote: 4 - 0 - Unanimously

D. Discussion and applicable action to AMEND the 2006 (updated) version of the RFP/Q as it relates to modification to Exhibit B (Evaluation Criteria/Scoring Sheet) only to reflect the new assessment of evaluation points as attached here to with emphasis on increasing the fee score from 20 to 30 as recommended by CC representatives at meeting held on 09-19-14 at Purchasing Department;

NO ACTION taken on this Item.

E.  Restating authority to advertise the procurement of: Engagement of Law Firm for Collection of Delinquent Ad Valorem Taxes and Other Related Services as previously approved at HCCC meeting of 07-20-14
    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

F. Discussion and action  for the designation, assignment or appointment of Grading/Scoring Committee of the responses received for the "Request for Proposal w/Qualifications (RFP/Q) procurement packet for the Engagement of Law Firm for the Collection of Delinquent Ad Valorem Taxes and Other Related Services" project with acceptance date of Wednesday, October 15, 2014;

Judge Garcia suggested that the Commissioners' Court be the designated committee. Ms. Betancourt stated that when they receive the responses, they will be disseminated to the committee members, then have it discussed during open court. Commissioner Joseph Palacios stated he may have to designate someone else to sit on the committee. Legal Counsel, Steve Crain, suggested taking no action at this time and bring the item back next week after Commissioner Palacios has determined his course of action.
NO ACTION taken on this Item.
 
B.
 
Pct. 1
 
1.
AI-46449
Acceptance and approval of Amendment (as document prepared by legal counsel) to Contract #C-14-017-03-05 with Roy's Hauling Services, Inc. to include the hauling services from pit locations of Progreso and/or La Joya of County's other awarded caliche vendor due to vendor's refusal to supply the caliche product to 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

 
2.
AI-46583
Requesting authority to advertise with approval of RFB plans and specifications developed by project engineer, Raul Sesin, P.E., Hidalgo County Planning Department for:  Hidalgo County Precinct No. 1 -"Sioux Road Paving and Drainage Improvements Project (from Tower Road to Val Verde Road)"-RFB No. 2014-362-10-15-MSS.
 

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.
 
Pct. 2
 
1.
AI-46608
Requesting approval of Supplemental Agreement No. 1 for Raba Kistner, Contract No. C-13-351-01-21 resulting in a revision of the project limits from (City Limits to I Rd) to (Fir St to I Rd) with an estimated cost increase of $ for services under Work Authorization No. 10 for the Pct 2 Owassa Rd Project (I Rd West to Fir St). 
 

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:
 
2.
AI-46446
Approval to purchase herein listed heavy equipment through County's membership/participation with NJPA contract awarded vendors, in the amounts quoted including delivery and administration fees not to exceed $ 132,150.73 for: One 2014 Cat Model CT660 Dump Truck from Holt Texas, LTD DBA Holt Cat National Joint Powers Alliance Contract # 060311-CAT
 

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-46573
Approval of the following invoices listed for previously approved purchase orders for operating expenditures exceeding $25,000:

Invoice No. Vendor Amount
214-12373 Frontera Materials, Inc. $  41,774.50
 
 

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: 4 - 0 - Unanimously

Attachments:
 
D.
 
Pct. 3
 
1.
AI-46415
Presentation for discussion, consideration, and action on a recommendation by project Engineer L & G Engineering to award to lowest bidder meeting all specifications: IOC Company LLC in the amount of $1,569,523.71 Bid No. 2014-153-07-16-YSS “Mile 2 North Roadway Reconstruction Project.”
 

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:
 
E.
 
Pct. 4
 
1.
AI-46616
Discussion and possible approval of real property exchange closing documents in accordance with "Order Confirming Sale' approved by Commissioners' Court on AI#45878 presented on August 25, 2014 with Guerra Brothers Master Partnership.

     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

     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 to authorize the County Judge to sign the closing documents.

     Vote: 4 - 0 – Unanimously
 
F.
 
WIC
 
1.
AI-46586
WIC PROGRAM-McAllen, Texas:
a. Ratification of the order and activation of an energy services provider account with HC's awarded vendor, Reliant (the State of Texas GLO Energy Management Program) for the WIC Program leased office space located at 3001 N. 23rd , Ste. 2, McAllen, Texas;

     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

WIC PROGRAM-Roma, Texas:
b. Requesting authority for Margarita Gonzalez, WIC Program, to set up account with contracted energy company Reliant Energy, for the lease of office space located at 2891 E Grant St., Roma, Texas;

     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

c. Acceptance and approval of a short-term Amendment to the current lease between HCs WIC Program and Jose I. Ramirez with the amendment term commencing 06-02-14 through 12-31-14 in order to reimburse Lessor, Jose I. Ramirez for all incurred expenses for energy services, garbage disposal and city services (utilities) including the authorization for order, activation and conversion of all utilites and/or City services to WIC Program name/account;

     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. Acceptance and approval of all invoices (from June 2014-December 2014) for the reimbursement of the following utility expenses to Lessor, Jose I. Ramirez including, but not limited to Our Energy; City of Roma; and Garbage Collection Co. with authority to issue reimbursement.

     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
 
G.
 
Facilities Management:
 
1.
AI-46565
Requesting approval to exercise County's authority to terminate contract with Loftin Equipment Company for the Service/Repair and Maintenance of County Generators by issuing a thirty (30) day termination notice as stipulated in the contract No. C-11-297-03-13.  
 

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

 
H.
 
Budget & Management
 
1.
AI-46582
Presentation for discussion, consideration and action to renew current contract for a period of one (1) year with Blue Cross Blue Shield of Texas and Dearborn National for the "Third Party Administration, Individual Stop Loss for Self Funded Medical Plan, Group Term Life and Accidental Death and Dismemberment" for 2015. Presentation by Alamo Insurance Group, the County's health insurance consultant.

Mr. Gary Looney was present to request the renewal the insurance with Blue Cross Blue Shield of Texas and Dearborn National.  There are no changes to premium rate of the Dearborn Insurance.  The renewal with Blue Cross Blue Shield will be $31.01 contribution per employee, per month for all Third party Administration Services and the Stop Loss premium is $47.58 per employee, per month. Mr. Eufracio had a concern that no contracts have been attached to the agenda and was not provided last year, as well.  Judge Garcia requested for Mr. Looney to provide the Auditor with the contract.

     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 subject to Auditors' review.

     Vote: 4 - 0 - Unanimously
 
I.
 
Sheriff's Office
 
1.
AI-46329
a. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Chapter 262.024, (a)(7) an item that can be obtained from only one source;
 
     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. Requesting approval of a "Sole Source Declaration" for Strong Watch Corporation"

     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. Requesting approval to purchase (2) FOTM mobile surveillance systems, customized for Hidalgo County Sheriff's Dept operational requirements in an amount not to exceed $344,900.00, which includes a discount of $25,000.00 but not limited to shipping,  installation and training.

     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:
 
23.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.074 to discuss the following:
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-46646
Duties & Evaluation of Hidalgo County Executive Officer
 
D.
AI-46559
CL-14-3467-A; Rafael Clemente & Nancy Vidal ind. and a/n/f(s) of Richard Clemente v Hidalgo County
 
E.
AI-46589
CL-14-3390-B; Araceli De Anda v. Hidalgo Co. Constable Pct. 2 Martin Cantu; Juan J. Ramos dba El Valle Warehouse
 
F.
AI-46632
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County

NO ACTION taken on Items 23.A - 23.F.
 
G.
AI-46544
Claim of Elizabeth Mireles
 
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-46647
Duties & Evaluation of Hidalgo County Executive Officer

NO ACTION taken on this Item.
 
D.
AI-46560
CL-14-3467-A; Rafael Clemente & Nancy Vidal ind. and a/n/f(s) of Richard Clemente v Hidalgo County

Refer to Items 7.A.1 and 7.A.2.
 
E.
AI-46590
CL-14-3390-B; Araceli De Anda v. Hidalgo Co. Constable Pct. 2 Martin Cantu; Juan J. Ramos dba El Valle Warehouse

Refer to Items 7.A.1 and 7.A.2.
 
F.
AI-46633
Civil Action No. 7:13-cv-00262; Ezequiel C. Jurado, et al v Guadalupe Trevino, Sheriff of Hidalgo County & Hidalgo County

Proceed as directed.
 
G.
AI-46545
Claim of Elizabeth Mireles
 

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 $480.29.

Vote: 4 - 0 - Unanimously

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

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

 
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. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., 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 23rd day of September, 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 SEPTEMBER 23, 2014.

Signed this 23rd day of SEPTEMBER 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy