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Minutes for CC - REGULAR

SPECIAL MEETING - December 16, 2014

BE IT REMEMBERED, that on this 16th day of December 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
December 16, 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

Mr. Nicholas Palacios, member of Boys Scout Troop Number 1954, led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the Court and Audience in Prayer. Judge Garcia requested a moment of silence to honor the memory of Mr. Guadalupe Baldemar Guerra, father of Executive Officer, Valde Guerra. Also, a moment of silence to honor the memory of Mr. Scott Crane, McAllen City Commissioner.

At this time, the Court proceeded to Item 20.A.
 
4.
 
Approval of Consent Agenda

The Court moved to approve the Consent Agenda for the exception of Items 2.V, 3.A, 3.C, 12.C, 15.E, 15.G, and 15.S to be pulled for discussion.

The Court proceeded to Items 6.B, 6.E, 6.F, 6.C, 7.C, 22.A, 23.E, 6.D, 13.A-C, and 10.A.
 
5.
 
Open Forum

Marcela Alejandre, LUPE member and leader, invited the Court and audience to an event called The Urgency of Now on January 15, 2015 at 10:30. They will be discussing a plan for public lighting in colonias and the urgency due to unsafe situations in those areas. The organization and the people they represent feel this issue is pressing and would appreciate the support of the Court for this event.

Commissioner Joseph Palacios also commented on the event and would like all the Court to be involved. He stressed the importance of their involvement supporting the needs of colonia lighting.

Opal Billman stated that she had 80 acres of debt free property at the time she was sued for divorce. The property was not divided, the court appointed her son to manage the community property, awarded the property to a Shell Corporation, appointed a trustee and a beneficiary. She reminded the court that she was never paid any money for the property and does not understand how there are businesses claiming to own it. She stressed that she continues to be falsely imprisoned in her home because she in unable to go into any of her land.



The Court proceeded to Item 7.A.
 
6.
 
County Judge's Office:
 
A.
AI-47387
Presentation by ARISE Voces del Pueblo Community Committee recognizing Commissioner Hector "Tito" Palacios for his contributions to Hidalgo County.

Ramona Casas and supporters with the community group ARISE (A Resource In Serving Equality) presented Commissioner Palacios with a plaque recognizing his commitment to their organization.  She expressed her gratitude for his participation in events such as "La Marcha Dia Del Nino" and his dedication in improving the quality of life in the colonias. 

Judge Jay Palacios, son of Commissioner Palacios, expressed his admiration for his father for serving his community and family with loyalty and integrity. 

Virginia Townsend, representing the OWLS, presented Commissioner Palacios with a card on behalf of their organization in appreciation of his conscientious service.

Commissioner Palacios was very appreciative of all who recognized his service.  He credited the Court and the community for their assistance in his success.  He thanked his family for their love and support and stated he will remain serving his community for years to come.

The Court proceeded to the Consent Agenda.
 
B.
AI-47836
Recognition of the 2014 Santa's Helpers Toy Drive Committee and Chief Elves for providing gifts to 2,828 children in 38 Head Start Centers in Hidalgo County.

Ms. Julia Sullivan, Public Affairs Director, addressed the court to recognize the Chief Elves, the Departments they represented, the Elected Officials and Department Heads that supported the project, HEB Plus in Mission, the Head Start Transportation Department and Administration, as well as the Toy Drive Committee members. As a whole, nearly 3,000 toys were collected for children in 38 of the 43 centers.
 
C.
AI-47785
1.) Report from the Rio South Texas Economic Council

Ms. Alma Colleli, along with Keith Patrige, and Ramiro Garza gave a short presentation and update on the organization as well as asking for continued support.

2.) Discussion and approval of the service agreement for Rio South Texas Economic Council pursuant to LGC Sec. 381.004

3.) Approval of 2015 Membership Dues for the Rio South Texas Economic Council in the amount of $17,500.00 with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.

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 on Items 2 and 3.

Vote: 5 - 0 - Unanimously

The Court proceeded to Items 7.C.
 
D.
AI-47780
1. Discussion and approval to renew Guidelines and Criteria for Granting Tax Abatements in Hidalgo County.  

Mr. Eufracio had a concern as to the Orders that were included in the agenda item, yet not on the agenda caption. Steve Crain, legal counsel, requested the item be approved and to bring the orders at future 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.

Vote: 3 - 0 – Unanimously

Michael Leo informed the Court that the changes made to the guidelines due to the special circumstance of this particular issue include clarification of definitions of words and tax certificate requirements. 

2. Discussion and approval of Tax Abatement Agreement between Hidalgo County and Hidalgo County Windfarms, LLC

Mr. Leo stated there was a clarification on the agreement. The amount of estimated value of the abatement should be $4,682,240.00, not $4,349,952.00. 

Ms. Fern McClaugherty asked the members of the Court if any of them had an interest in the windfarm and they answered no. Judge Garcia mentioned that if they did, they would be required to discuss the conflict. She had also concerned over the size of the company being questionable and the negative effects the windfarm may have. Mr. Chris Chaney from EDP Renewables stated they have met with Texas Parks and Wildlife and the US Fish and Wildlife Service and have conducted two years wildlife and environmental studies and have only received positive responses. They plan to install approximately 50 units west of McCook, East and West of 490.

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

Vote: 3 - 0 – Unanimously

The Court proceeded to Item 13.A.
Attachments:
 
E.
AI-47781
Discussion and approval of amendment to Economic Development Incentives Program Guidelines and Criteria under the provisions of Section 381.004.  

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-47804
Discussion and approval of Chapter 381 Economic Development Agreement between Hidalgo County and the University of Texas System  

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    

The Court proceeded to Item 6.C.

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 pertains to Item 26.C; The South 5.0 acres of the North 20.0 acres of Lot 45-2, WEST ADDITION TO SHARYLAND, Hidalgo County, Texas, according to the map recorded in Volume 1, Page 56, Map Records in the Office of the County Clerk of Hidalgo County, Texas, reference to which is here made for all purposes.

Vote:
4 - 0 - Unanimously

2. Requesting engagement with the firm of ATLAS, HALL & RODRIGUEZ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, HECTOR “TITO” PALACIOS, the Court made a UNANIMOUS vote of approval as it pertains to Item 26.C; The South 5.0 acres of the North 20.0 acres of Lot 45-2, WEST ADDITION TO SHARYLAND, Hidalgo County, Texas, according to the map recorded in Volume 1, Page 56, Map Records in the Office of the County Clerk of Hidalgo County, Texas, reference to which is here made for all purposes.

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-47745
1.  Appointment of Marcos Ochoa to fill vacancy of J.P. Pct. 3, Pl. 2 for the term beginning January 1, 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: 5 - 0 - Unanimously

2.  Approval of Official's Bond

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

3.  Administer Oath of Office 

NO ACTION taken on this Item.

The Court proceeded to Item 22.A.
Attachments:
 
D.
AI-47182
Civil Service (1100)/ Executive Office- Civil Service (1100):
1. Approval of the following personnel actions, effective 01/01/2015:
 
Action Dept Name Slot
No.
Position Title Amount
Delete Civil Service
190-001
0001 Human Resources Specialist I $29,078.00
Create Civil Service
190-001
0002 Civil Service Liaison $32,769.00
  
2. Approval to transfer the Civil Service to the Executive Office (Dept No. 125) effective 01/01/2015.
3. Approval of salary schedule(s).

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, 2, and 3.

Vote: 3 - 0 – Unanimously
 
E.
AI-47743
Approval to process payment of claims from Traci Evans, Attorney at Law totaling $ 15,780.02 in connection with legal representation for indigent defendant Case #CR-1061-09-F - 332nd D.C. (invoice period 2009 to 2010) with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor.

Mr. Valde Guerra stated he feels that the attorney was in compliance; the invoice fell within the statute of limitation of four years. Mr. Crain informed the court that he was not familiar with the facts in the case.  Judge Garcia asked Mr. Crain to review the issue prior to the approval of writing a check.



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 legal review and approval.

Vote: 3 - 0 – Unanimously
Attachments:
 
F.
AI-47709
Pursuant to Article §81.005(a) (Terms of the Court Meeting) of the Texas Local Government Code, consideration and entering of an Order into the minutes the designation of the day of the week and week of the month of Hidalgo County Commissioners' Court Regular Term Meeting Tex. Loc Gov. Code ORDER OF THE COURT:
HIDALGO COUNTY COMMISSIONERS' COURT
Week of the Month: LAST
Day of the Week: TUESDAY
Time of the Day: 9:30 a.m. for the calendar year of 2015

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

Vote: 3 - 0 – Unanimously
 
G.
AI-47729
Approval of Interlocal Agreement between Hidalgo County Drainage District No. 1 and County of Hidalgo (LJ Drainage Project - 13 tracts - Project limits: From Cesar Chavez Rd. to Alamo Lateral Drain)
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
H.
AI-47751
Discussion, consideration and approval  to terminate the Interlocal Agreement between City of Donna, Hidalgo County, and the Tax Increment Reinvestment Zone Number One (1), City of Donna, Texas, pursuant to Section VII of the Interlocal Agreement previously approved on January 9, 2009. Ordinance authorizing the dissolution of Tax Increment Zone #1 was approved and passed by City of Donna on December 09, 2014.

NO ACTION taken on this Item.

 
I.
AI-47770
Approval of Lease Agreement between City of McAllen and County of Hidalgo

Mr. Guerra informed the Court of the lease of the old McAllen Police Station on Pecan to be used for Tax Services. Mr. Crain has yet to confirm the approval by the City of McAllen.

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 City of McAllen legal review.

Vote: 3 - 0 – Unanimously

Attachments:
 
8.
 
Constables:
 
A.
AI-47710
Constable Precinct No. 1- Walmart Community Grant (1285):
1. Ratification of application for the Walmart Community Grant award from the the Walmart Private Foundation (Facility No. 6159).

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

Vote: 3 - 0 – Unanimously

2. Approval to accept the Community grant award from the Walmart Private Foundation in the total amount of $1,000.00.

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

Vote: 3 - 0 – Unanimously

3. Approval of certification of revenues for the Community grant award.

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

Vote: 3 - 0 – Unanimously

4. Approval of appropriation of the Community grant award in the amount of $1,000.00.

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

Vote: 3 - 0 – Unanimously
 
B.
AI-47622
Constable Precinct  No. 1- LBSP FY15 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY 2015 Grant with the Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.

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

Vote: 3 - 0 – Unanimously

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

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

Vote: 3 - 0 – Unanimously
 
C.
AI-47829
Constable Precinct  No. 2- LBSP FY15 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY15 grant with Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.

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

Vote: 3 - 0 – Unanimously

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

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

Vote: 3 - 0 – Unanimously
 
D.
AI-47551
Constable Precinct No. 3 - LBSP FY15 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY15 grant with the Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety. 

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

Vote: 3 - 0 – Unanimously

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

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

Vote: 3 - 0 – Unanimously
Attachments:
 
E.
AI-47666
Constable Precinct  No. 4- LBSP FY15 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY15 grant with Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.

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

Vote: 3 - 0 – Unanimously

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

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

Vote: 3 - 0 – Unanimously
Attachments:
 
F.
AI-47613
Constable Pct. #4:
Discussion, consideration, and approval for Hidalgo County Constable Pct. 4 continued participation in Texas 1033 Surplus Property Program.

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

Vote: 3 - 0 – Unanimously
Attachments:
 
G.
AI-47741
Constable Pct.#4:
Discussion, consideration, and approval to appoint Kevin Andrew Perez as Reserve Deputy Constable by Constable A."J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.012

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

Vote: 3 - 0 – Unanimously
Attachments:
 
9.
 
Human Resources - Esther Cortez:
 
A.
AI-47757
Co. Wide Admin./J.P. Pct 1 Pl 1/J.P Pct 1 Pl 2/Co. Treasurer (1100):
1. Discussion, consideration, and approval of the following personnel actions, effective 01/01/2015:
 
Action Dept/Program Slot No. Current Position Title Current Budgeted Salary Proposed Position Title Proposed Budgeted Salary
Delete 115-002 0001 Court Coordinator $37,981.00 - -0-
Delete 115-002 0002 Court Assistant $30,564.00 - -0-
Delete 115-002 0003 Assistant Court Coordinator $30,564.00 - -0-
Create 061-001 0007 - -0- Court Clerk $23,993.00
Create 062-001 0007 - -0- Court Clerk $23,993.00

2.  Approval to waive section 6.27 of the Personnel Policy Manual and reclassify the following full-time position, as per sections 6.27-6.33 of the Hidalgo County Personnel Policy Manual, effective 01/01/2015:
 
Action Dept/Program Slot No. Current Position Title Current Budgeted Salary Proposed Position Title Proposed Budgeted Salary Total Adjustment
Reclassify 150-001 0002 Chief Deputy I $65,507.00 Chief Deputy II $76,407.00 $10,900.00

3. Approval of Inter-departmental transfers.

4. Approval of revised salary schedules.

NO ACTION on Items 1 - 4.
 
B.
AI-47716
Human Resources (1100):
1. Approval to Remove/Add auto allowance to the following positions; effective next full pay period, effective 01/01/2015:

Action Dept/Program Slot No. Position Title Budgeted
Allowance Amount
Remove auto allowance 190-002 0002 Executive Assistant III $3,500.00
Add auto allowance 190-002 0005 Human Resources Specialist III $3,500.00
 
2. Approval of revised salary schedule.

NO ACTION take on Items 1 and 2.
 
C.
AI-47762
Pct. 3 Sanitation (1100)/Pct 3 Rd. Maint. (1200):
1. Discussion, consideration, and approval of the following salary adjustments, effective 01/01/2015:
 
Action Dept/Program Slot No. Current Position Title Current Budgeted Salary Proposed Position Title Proposed Budgeted Salary Total Adjustment
Salary Adjustment (Increase) 123-001 0006 Supervisor $30,900.00 Supervisor $31,220.00 $320.00
Salary Adjustment (Increase) 123-005 0030 Mechanic II $29,660.00 Mechanic II $33,000.00 $3,340.00
Salary Adjustment (Increase) 123-005 0074 Heavy Equipment Operator III $28,840.00 Heavy Equipment Operator III $32,060.00 $3,220.00

2. Approval to waive Section 3.22 of the Civil Service Commission Rules and reclassify the following full-time position, as per sections 3.22-3.28 of the Civil Service Commission Rules, effective 01/01/2015.
 
Action Dept/Program Slot No. Current Position Title Current Budgeted Salary Proposed Position Title Proposed Budgeted Salary Total Adjustment
Reclassify 123-005 0037 Maintenance II $29,217.00 Traffic Safety Specialist I $31,000.00 $1,783.00

3. Approval of Intra-departmental transfers.
4. Approval of revised salary schedules.

NO ACTION taken on Items 1 - 4.
 
D.
AI-47788
430th District Court(1100):
1.  Approval of salary adjustments for the following position effective 1/1/2015:

SLOT NO. POSITION TITLE 2015 BUDGETED SALARY 2015 PROPOSED SALARY TOTAL ADJUSTMENT
0002 COURT COORDINATOR 64,890.00 70,000.00 5,110.00

2.  Approval of intra-departmental transfer
3.  Approval of revised salary schedule.

NO ACTION taken on Items 1 - 3.
 
E.
AI-47803
Public Defender (1100)/Public Defender-Juvenile Section (1282):
1. Discussion, consideration, and approval of the following personnel actions, effective 01/01/2015:
 
Action Fund Dept/Pgm Slot No. Position Title Current Budgeted Salary Proposed Budgeted Salary Total Adjustment
 Salary Adj.(Increase) 1100 085-003  0001 Public Defender II  $53,822.00  $56,238.00  $2,416.00
 Salary Adj.(Increase) 1100  085-003  0003  Chief Public Defender  $89,981.00  $100,000.00  $10,019.00
 Salary Adj.(Increase) 1100  085-003  0004  1st Assistant Public Defender  $67,800.00  $77,000.00  $9,200.00
 Salary Adj.(Increase) 1100  085-003  0005  Public Defender II  $52,002.00  $56,238.00  $4,236.00
 Salary Adj.(Increase) 1100  085-003  0006  Public Defender II  $52,002.00  $56,238.00  $4,236.00
 Salary Adj.(Increase) 1100  085-003  0007  Public Defender II  $52,002.00  $53,822.00  $1,820.00
 Salary Adj.(Increase) 1100  085-003  0008  Public Defender II  $56,238.00  $58,000.00  $1,762.00
 Salary Adj.(Increase) 1100  085-003  0012  Public Defender II  $52,002.00  $56,238.00  $4,236.00
Salary Adj.(Increase) 1100 085-003 0018 Public Defender II $50,487.00 $53,822.00 $3,335.00
 Salary Adj.(Increase)/ Create Cost Allocation (1100)
1282  085-004  G001
 Public Defender III
 $60,655.00  $60,655.00 -0-
1100  085-003  0019  -0-  $1,445.00  $1,445.00
Salary Adj. (Increase)/ Create Cost Allocation (1100)
1282  085-004  G002  Public Defender II  $52,002.00  $52,002.00  -0-
1100  085-003  0020  -0-  $4,236.00  $4,236.00

2. Approval of inter-departmental transfer.
3. Approval of revised salary schedule.
 
NO ACTION taken on Items 1 - 3.
Attachments:
 
F.
AI-47809
District Clerk Office (1100):
Approval of the following personnel actions, effective 1/1/2015: 
 
Action Slot No. Dept/Program Position Title Current Budgeted Salary Proposed Budgeted Salary Total Adjustment
Delete 0011 090-001 Deputy District Clerk II $33,975.00 -0- ($33,975.00)
Salary Adjustment
(increase) 
0003 090-001 Chief of Appeals $56,238.00 $60,238.00 $4,000.00
Salary Adjustment
(increase)
0004 090-001 Assistant Chief Deputy $56,238.00 $64,238.00 $8,000.00
Salary Adjustment
(increase)
0005 090-001 Executive Assistant II $51,739.00 $56,739.00 $5,000.00
Salary Adjustment
(increase)
0026 090-001 Executive Assistant IV $65,507.00 $71,507.00 $6,000.00
Salary Adjustment
(increase)
0067 090-001 Accountant IV $52,002.00 $56,002.00 $4,000.00
Salary Adjustment
(increase)
0078 090-001 Deputy District Clerk Supervisor $39,108.00 $46,083.00 $6,975.00

2. Approval of the revised salary schedule.
 
NO ACTION taken on Items 1 and 2.
 
G.
AI-47813
Sheriff's Office (1100):
1. Approval of the following personnel actions, effective 01/01/2015: 


Action
Slot
No.
Current
Position Title
Current
Budgeted Salary
Proposed
Position Title
Proposed
Budgeted Salary
Total Adjustment
Reclassify 0016 Information Technology Manager $56,162.00 Information System Administrator $61,022.00 $4,860.00
Reclassify 0243 Human Resources Specialist  II $34,135.00 Human Resources Supervisor $40,135.00 $6,000.00
Delete Cloth. Allowance 0272 Administrative Assistant II $500.00 Administrative Assistant II -0- ($500.00)
Reclassify 0272 Administrative Assistant II $32,029.00 Executive Assistant I $37,029.00 $5,000.00
Delete 0415 Quality Assurance Inspector $55,000.00 - -0- ($55,000.00)
Create 0418 - - Communications Supervisor $35,391.00 $35,391.00

2. Approval of revised salary schedule.

NO ACTION on Items 1 and 2.
Attachments:
 
H.
AI-47699
Urban County Program (1288):
1. Approval of the following personnel actions, effective FY 2014 and FY 2015:
 
Action Slot # Position Title Dept/Program Actual/Proposed
Budgeted Salary
Delete 0006 Clerk II Urban County (Home)
250-002
$22,303.00
Delete 0028 Executive Assistant I Urban County (CDBG)
250-001
$41,280.00
Create 0032 Assistant Deputy Director Urban County (CDBG)
250-001
$63,583.00

2. Approval of revised salary schedules.

NO ACTION taken on Items 1 and 2.
 
I.
AI-47701
Precinct #4 (1200):
1. Approval of the following personnel actions, effective FY 2014 and FY 2015:

Action Slot# Dept/Program Position Title Actual/Proposed
Budgeted Salary
Delete 0027 Drainage Improvement Projects
(124-036)
Truck Driver II $30,503.00
Create 0035 Drainage Improvement Projects
(124-036)
Truck Driver III $30,503.00

2. Approval of revised salary schedules.

NO ACTION taken on Items 1 and 2.
 
10.
 
District Attorney's Office - Roy Cazares:
 
A.
AI-47645
HIDTA Chapter 59  Asset Forfeiture (1251):
1. Approval of 2015 HIDTA Chapter 59 Asset Forfeiture Fund Budget (1251).  
2. Approval of appropriation of the HIDTA Chapter 59 Asset Forfeiture funds.

HIDTA US Treasury Asset Forfeiture (1252):
1. Approval of 2015 HIDTA US Treasury Asset Forfeiture Fund Budget (1252)
2. Approval of appropriation of the HIDTA US Treasury Asset Forfeiture funds.

HIDTA US Justice Asset Forfeiture (1254):
1. Approval of 2015 HIDTA US Justice Asset Forfeiture Fund Budget (1254).
2. Approval of appropriation of the HIDTA US Justice Asset Forfeiture funds.
3. Authorization and approval for the Hidalgo County HIDTA Task Force Investigators to be paid instead of banking extra-duty hours from January 1, 2015 - December 31, 2015.

HIDTA TASK FORCE (1291)/ HIDTA Chapter 59 Asset Forfeiture (1251):
1. Approval of personnel actions as listed on exhibit "A", effective 01/01/2015.
2. Approval of revised salary schedules.

Mr. Cruz stated that the special revenue funds were not included in the budgeting process.  He stated there are no issues with the appropriations but personnel actions should be revisited once the new court is present. Commissioner Joseph Palacios questioned the repercussions if there are no forfeiture funds in 2016.  Mr. Cruz stated that either the funds would be absorbed by the general fund or the salaries would have to decreased. Mr. Eufracio suggested the action be taken during the next meeting on January 6; proposed salaries will not be affected.

NO ACTION was taken on any Items of 10.A.

The Court proceeded to a 10 minutes break. Upon return, the Court proceeded to Open Forum.
 
B.
AI-47672
DA- State Supplement (1281):
1. Approval to create the following temporary part-time positions not to exceed six (6) months, effective 01/01/2015 to 6/30/2015:

Dept/Program Slot# Position Title Budgeted Salary/
Rate of Pay
080-010 T016 Clerk I $7,056.00 Annual / $10.10 Hrly
080-010 T017 Clerk I $7,047.00 Annual / $10.10 Hrly
080-010 T018 Clerk I $6,683.00 Annual / $10.10 Hrly

2.) Approval to waive posting procedures for the Clerk I position, slot T018.
3.) Approval of revised salary schedule.

NO ACTION on Items 1 - 3.
Attachments:
 
C.
AI-47675
DA Bad Checks (1222):
1. Approval of 2015 DA’s Office budget for fund 1222 DA-Bad Checks.
2. Approval of appropriation of the DA’s Office 1222 DA-Bad Checks funds.

DA- Investigation HB 65 (1223):
1. Approval of 2015 DA’s Office budget for fund 1223 DA-Investigation HB65.
2. Approval of appropriation of the DA’s Office 1223 DA-Investigation HB65 funds.

DA Pre-Trial (1225):
1. Approval of 2015 DA’s Office budget for fund 1225 DA-Pretrial.
2. Approval of appropriation of the DA’s Office 1225 DA-Pretrial funds.

Crim DA (1100)/ DA Civil Litig. (1100)/ Bond Forfeit. (1100)/ DA-Bad Checks (1222)/ DA- Invest. HB 65 (1223)/ Pre-Trial (1225)/ Border Prosecut.- BPU (1281):
1. Approval of personnel actions as listed on exhibit "A", effective 01/01/2015.
2. Approval to authorize auto allowance to the following position(s)/ slot(s) and pay employees as follows:

Dep #/
Pgrm #

Slot #

Position Title
Budgeted
(Auto) Allowance
Crim DA/
080-002
0014 Assistant District Attorney IV 900.00
 
3. Approval to create the following temporary part- time position not to exceed six months (01/01/2015 to 06/30/2015)

Dep #/
Pgrm #

Slot #

Position Title
Budgeted
Salary/ Rate of Pay
DA- Investig. HB 65/
(080-007)
T144 CLERK IV $8,320.00 Annual/ $9.19 Hrly

5. Approval to waive posting procedures for the temporary part-time Clerk IV position, slot no. T144.
6. Approval of transfer(s).
7. Approval of 2015 revised salary schedules.

NO ACTION on any Items under 10.C.
 
11.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-47663
REQUESTING APPROVAL OF 2015 ELECTED OFFICIAL BONDS:
Arturo Guajardo, Jr., County Clerk
Jose Eduardo Guerra, Sheriff
Atanacio “J.R.” Gaitan, Constable Pct. 4
Joseph Palacios, Commissioner, Pct. 4
Homero, Jasso, Justice of the Peace, Pct. 4 Pl. 2
Rodolfo Gonzalez, Judge, County Court at Law No. 1
Arnoldo Cantu, Judge, County Court at Law No. 5
Albert Garcia, Judge, County Court at Law No. 6
Enrique Omar Maldonado, Judge, County Court at Law No. 8
Jaime J. Palacios, Judge, County Court at Law No. 2
 

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

Vote: 3 - 0

Attachments:
 
12.
 
Sheriff's Office:
 
A.
AI-47618
Presentation for discussion, consideration, and approval to accept donation of one (1) Belgian Malinois K-9 to the Hidalgo County Sheriff's Office by the Department of Defense.

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

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: 3 - 0 -Unanimously

Attachments:
 
B.
AI-47569
Sheriff's Office - LBSP FY15 (1284):
1. Authorization and approval to apply for the Local Border Security Program (LBSP) FY15 grant with Texas Homeland Security State Administrative Agency (THSSAA), Texas Department of Public Safety.

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: 3 - 0 -Unanimously

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

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: 3 - 0 -Unanimously
 
Attachments:
 
C.
AI-47708
Investigation HB 65 (1227):
1. Approval of the 2015 Budget in the Sheriff's Investigation HB 65 (Fund 1227) in the amount of $542,465.06.

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: 3 - 0 -Unanimously

Federal Sharing U.S. Treasury  (1228):
2. Approval of the 2015 Sheriff's Federal Sharing - U.S. Treasury (Fund 1228) in the amount of $438,602.75.

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: 3 - 0 -Unanimously

At this time, Commissioner Joseph Palacios joined the meeting.

Federal Sharing - U.S. Justice (1229):
3. Approval of the 2015 Sheriff's Federal Sharing - U.S. Justice (Fund 1229) in the amount of $1,009,158.98.

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

Vote: 4 - 0 -Unanimously
 
13.
 
Tax Office - Paul Villarreal:
 
A.
AI-47807
Presentation of 2014 Hidalgo County Tax Roll
 

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

Vote: 3 - 0 - Unanimously

 
B.
AI-47635
Presentation of Tax Assessor-Collector (Pablo "Paul"Villarreal, Jr. PCC) Continuing Education Transcript

Mr. Villarreal indicated that according to Senate Bill 546 requires the Tax Assessor-Collector to successfully complete 20 hours of Continuing Education and has done so.
Attachments:
 
C.
AI-47637
Tax Office (1100):
Acceptance and approval for reimbursement on membership dues that were paid in advance by employee in order to attend the TAAO conference, in the amount of $90.00 payable to Edgar Jaramillo (Req 267973) with authority for the County Treasurer to issue check after review, audit and processing procedures and completed by the County Auditor.

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

Vote: 3 - 0 – Unanimously

The Court proceeded to Item 10.A.
Attachments:
 
14.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-47823
Approval of Agreement between the University of Texas Health Science Center at San Antonio and Hidalgo County

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

Vote: 4 - 0 -Unanimously
Attachments:
 
B.
AI-47383
1.  Requesting approval of the Certification of Revenue in the amount of $285,474.67 for the period of 01/01/2015 to 08/31/2015 from the TB/PC Fed Tuberculosis Prevention and Control grant contract #2015-001400-00.  

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

Vote: 4 - 0 -Unanimously

2.  Requesting approval of the budget appropriation in the amount of $285,474.67 from federal funds and in the amount of $57,095.00 from local match.

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

Vote: 4 - 0 -Unanimously
 
C.
AI-47617
Requesting approval to submit a request for additional grant funds for the Bioterrorism Discretionary program in an amount up to $9,287.56 with a local match requirement of up to $928.76.  

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

Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI-47685
For clarification purposes of action taken by Commissioners' Court on 08/25/14, AI-46069 to include approval of request for Hidalgo County Treasurer to issue immediate check(s) after review and auditing procedures are completed by County Auditor, prior to services rendered pursuant to Architectural Barriers Administrative Rules 68.80(g) as attached hereto respectively issuance to Mr. Anthony Covacevich, Registered Accessibility Specialist, designated by Texas Department of Licensing and Regulation in order to permit the processing of necessary services in connection to the clinic renovations for compliance purposes and thus avoid penalties imposed by the State to the Hidalgo County Health & Human Services Department.

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
 
E.
AI-47700
Requesting approval of the Non-Disclosure Agreement between the University of Texas - Pan American and Hidalgo County Health & Human Services Department. 

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

Vote: 4 - 0 -Unanimously

Attachments:
 
F.
AI-47614
Requesting approval for County Judge to sign sales form from CivicPlus.  Form is to procure Custom Mobile App for Hidalgo County Health & Human Services Dept.   
 
 
 

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:
 
G.
 
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.
 
H.
 
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.
 
2.
AI-47550
Discussion, consideration and approval to drawdown up to $20,405,319.52 (pending final approval from HHSC) for DY3 October DSRIP Payment from the Local Provider Participation Fund (LPPF).

Mr. Olivarez announced a correction to the drawdown amount which should read $15,866,308.52.

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 with correction.

Vote: 4 - 0 – Unanimously

 
15.
 
Fire Marshal's Office - Juan Martinez:
 
A.
AI-47678
Approval to pay and reimburse Fire Inspector, Kyle Pulley, for psychological exam in the amount of $200.00 (requisition #00267944) 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

Attachments:
 
16.
 
IT Department - Renan Ramirez
 
A.
AI-47402
Requesting approval of the following claim/invoices with the authority for the County Treasurer to issue payment/check after review, audit and processing procedures are completed by the County Auditor as follows:
AT&T Billing:
Outstanding Balance as of 10/23/2014 $102,148.87
 

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.
AI-47772
COMMISSIONER PCT. 1

Authorization and approval to change wireless cell phone service plan through the County's membership/participation with CONTRACT: DIR-SDD-1779 for VERIZON WIRELESS for the following:
 
Description: User: Service Plan: MDN:
Service Plan Change Office Use America's Choice II 400 Share Unl IN & N&W @ $29.99 + $5.00 taxes/fees = $34.99/month 956-587-2185

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

At this time, the Court proceeded to Item 23.O.2.
 
17.
 
Urban County - Diana Serna:
 
A.
AI-47778
The Urban County Program on behalf of the City of Weslaco is requesting approval and award of best and final negotiated contract with LeFEVRE Engineering & Consulting, LLC in the amount of $75,980.58 utilizing CDBG FY’s 24, 25 & 26 (2011, 2012 & 2013) Water/Sewer Improvement funds.

Item 23.O.2 was discussed prior to these Items, Judge Garcia had 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.

Vote: 3 - 0 – Unanimously

 
B.
AI-47599
Urban County Program is requesting approval of Amendment No. 3 to the existing material & Geotechnical testing services contract with Raba Kistner Consultants. The amendment will provide for additional soil samples within the areas where sloughing conditions have been observed. Raba Kistner Consultants will conduct laboratory double hydrometers and dispersivity tests in general accordance with applicable American Society for Testing and Material (ASTM) standards. Funds from the General Land Office (GLO) Contract No. 12-406-000-6453/DRS210068, Pct. 2 South Fork Drain Project will be utilized. The amendment will increase the professional service contract amount from $63,476.98 to $66,759.98 for a total increase of $3,283.00
 

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

Vote: 3 - 0 - Unanimously

 
C.
AI-47801
Requesting authority to correct the name of the professional engineering service firm awarded an engineering service contract for the City of Elsa (AI-46872) on 10/28/2014 from International Consulting Engineers to Jimenez Engineering Solutions, LLC d/b/a International Consulting Engineers, Inc.
 

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

Vote: 3 - 0 - Unanimously

 
D.
AI-47796
 Requesting approval of a budget and program amendment for the City of Alamo Urban County Program FY’s 24 & 25 (2011 & 2012) work plans. The amendment will add funding ($41,795.76) for the new water distribution system.
 

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

Vote: 3 - 0 - Unanimously

 
E.
AI-47798
The Urban County Program is requesting a waiver to the CDBG Policy regarding the forfeiture of funds for program year 2014-2015 and requests that the Court allow the forfeited funds to remain in each City’s workplan rather than reprogramming the funds to the Precinct in which the City is located as outlined in the CDBG policy.
 

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

Vote: 3 - 0 - Unanimously

 
18.
 
Head Start Program - Teresa Flores:
 
A.
AI-47661
Presentation for Discussion, Consideration and Approval of a Two Year Interlocal Agreement for the Lease of Premises between the McAllen Independent School District and Hidalgo County Head Start Program
 

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

Vote: 3 - 0 - Unanimously

 
B.
AI-47631
Discussion, Approval of 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 According to 45CFR Chapter XIII, 1304.50(b)(7) Beginning October 2014 - Pending Appointment of Community Representative: Commissioner Joseph Palacios, Precinct 4

NO ACTION taken on this Item.
 
19.
 
Planning Department - Raul Sesin:
 
A.
AI-47735
1. Preliminary Approval
a. Lot 1A & 1B Re-plat of Lot 1 Alcantar Pedroza – Pct. 3 (Javier Alcantar)

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

Vote: 3 - 0 – Unanimously

2. Final Approval
a. Ortiz & Resendez Subdivision – Pct. 4 (Javier Ortiz & Orlando Resendez)
b. Cardinal Island Subdivision – Pct. 1 (Moreno Family Limited Partnership)
c. Vista Ridge Acres Phase V – Pct. 1 (Jack McClelland)

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 a, b, and c.

Vote: 3 - 0 – Unanimously

3. Final Approval with Financial Guarantee
b. San Marcos Subdivision – Pct. 4 (Richard Scurlock)

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

Vote: 3 - 0 – Unanimously

At this time, Judge Garcia joined the meeting.
 
20.
 
Precinct #1 - Comm. Cuellar:
 
A.
AI-47773
Resolution and plaque in honor of Precinct #2 Commissioner Hector "Tito" Palacios

State Representative, Armando "Mando" Martinez, read a Resolution honoring Commissioner Hector "Tito" Palacios on behalf of the State of Texas and the Texas House of Representatives.  He also presented him with an official flag flown over the Texas State Capitol in his honor. 

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

Ms. Julia Sullivan read the Resolution and presented with him with a plaque honoring his dedication to our county on behalf of Hidalgo County Commissioners’ Court.

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

McAllen Mayor, Jim Darling, also presented Commissioner Palacios with a Proclamation from the City of Mcallen and in praise, they declared December 16, 2014 as "Hector 'Tito" Palacios Day" in the City of McAllen.

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

San Juan Mayor, San Juanita Sanchez, expressed her sincere appreciation to Commissioner Palacios for his commitment to bringing life to San Juan. 

Teresa Barrera and Daniel Diaz from La Unión Del Pueblo Entero (LUPE) personally thanked Commissioner Palacios for all he accomplished at the El Jay Colonia in Alamo. He was presented with a plaque on behalf of their organization for his diligence in preserving their communities.

Ms. Amber Arriaga, representing Proyecto Azteca and Equal Voice Network, presented Commissioner Palacios with a plaque in recognition for his dedication during his years of service.

The Court proceeded to Item 6.A.
 
21.
 
Precinct #2 - Comm. H. Palacios:
 
A.
AI-47802
Resolution honoring Ricardo Cuellar on his retirement. 
 

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

Vote: 4 - 0 - Unanimously

 
22.
 
Precinct #3 - Comm. Flores:
 
A.
AI-47683
 Approval of amendment to Interlocal Cooperation Agreement among the City of Sullivan and Hidalgo County.

Commissioner Hector "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.

Vote: 4 - 0 - Unanimously
 
B.
AI-47698
Requesting approval to process the following invoices as claims with authority for County Treasurer to issue payment after review, audit, and processing procedures are completed by County Auditor.
Vendor          Invoice # Date Amount
Safety-Kleen 62867780 02-04-2014 $136.05
Safety-Kleen 63129572 03-19-2014 $136.05
Safety-Kleen 64311942 07-14-2014 $136.05
Safety-Kleen OC370851 08-12-2014 $25.00
McCoy's 8928471 09-18-2014 $3.47
SOS Technologies  7722   $240.00

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

The Court proceeded to Item 23.E.
Attachments:
 
23.
 
Budget & Management - Sergio Cruz:
 
A.
AI-47656
2015 Budget Process:
1. Designate the Budget Officer, subject to conditions and directions provided by Commissioners' Court, to transfer amounts from certain budgeted items to other budgeted items as per Texas Local Government Code Section 111.070(c)(2).

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. Designate the General Fund, Special Revenue Funds, and Enterprise Funds as the salary fund for their respective accounts as per Texas Local Government Code Section 154.042.

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-47740
Report and approval of emergency transfers for the period of January through December 2014. 
 

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

Vote: 4 - 0 - Unanimously

 
C.
AI-47669
Discussion, consideration and approval of all personnel actions approved after September 30, 2014 (2015 Budget Adoption date) as listed below, to be effective 01/01/2015:

1. Child Protective Court (1100): Approval of the following personnel action(s) as previously approved by CC on 9/30/2014 (refer to agenda item no. 46744):
 
Action Dept/Program Slot No. Position Title Budgeted Salary
DELETE 055-001 0002 Administrative Assistant III $32,769.00
 
2. Tax Office (1100): Approval of the following personnel action(s) as previously approved by CC on 9/30/2014 and 11/10/2014 (refer to agenda no. 46662 and 47248):
 
Action Slot No. Position Title Current Budgeted
Salary/Allowance
Proposed Budgeted
Salary/Allowance
DELETE 0015 Accountant III $47,703.00 -0-
DELETE 0023 Deputy Clerk II $36,020.00 (Salary)
$750.00 (Auto Allowance)
-0-
DELETE 0014 Accountant III $44,583.00 -0-
DELETE 0038 Bookkeeper I $31,045.00 -0-
DELETE 0096 Deputy Clerk I $26,014.00 -0-
DELETE 0106 Deputy Clerk I $26,173.00 -0-
DELETE 0154 Clerk II $21,008.00 -0-
CREATE 0160 Accountant IV -0- $52,002.00 (Salary)
$1,500.00 (Auto Allowance)
CREATE 0161 Administrative
Assistant III
-0- $30,000.00
CREATE 0162 Accountant II -0- $36,000.00
CREATE 0163 Deputy Clerk II -0- $30,000.00
CREATE 0164 Deputy Clerk II -0- $30,000.00
CREATE 0165 Administrative
Assistant III
-0- $30,000.00
CREATE 0166 Data Entry Clerk II -0- $21,906.00
INCREASE
AUTO ALLOWANCE
0072 Inventory Specialist I $2,250.00
(Auto Allowance)
$4,721.00
(Auto Allowance)

3. Precinct #4 - Drainage Improvement Project (1200): Approval of the following personnel action(s) as previously approved by CC on 10/14/2014 (refer to agenda item no. 46663):
 
Action Dept/Program Slot No. Position
Title
Actual/Proposed
Budgeted Salary
DELETE 124-036 0033 Maintenance V $30,503.00
CREATE 124-036 0034 Heavy Equipment Operator II $30,503.00
 
4. DWI Court Grant (1289)/Re-Entry Court Grant (1289)/DA's (1100)/Public Defender (1100): Approval of the following personnel action(s) as previously approved by CC on 10/14/2014 and 11/18/2014 (refer to agenda item no. 46800 and 47416):
 
Action Department Slot No. Employee No. Position Title Current Allowance
Amount
Proposed Allowance 
Amount
DECREASE
Supplemental 
Allowance
Crim. DA (1100) 0026 127531 Assistant D.A. IV $9,837.00 $9,814.00
AUTHORIZE 
Supplemental 
Allowance
Public Defender
(1100)
0003 120227 Chief Public Defender  -0- $9,844.00
 
5. Sheriff's Office (1100): Approval of the following personnel action(s) as previously approved by CC on 10/28/2014 (refer to agenda item no. 47002):
 
Action Slot No. Position Title Budgeted
Allowance Amount
DELETE Clothing Allowance 0049 (Sr) Deputy Sheriff (Step III) $500.00
ADD Clothing Allowance 0011 Lieutenant (Step III) $500.00
ADD Clothing Allowance 0015 Lieutenant (Step II) $500.00
ADD Clothing Allowance 0400 Sergeant (Step III) $500.00

6. Precinct #2 Administration/CW Mechanic Shop (1200): Approval of the following position title changes as previously approved by CC on 12/02/2014 (refer to agenda item no. 47597): 
 
 Action  Program  Slot No. Current Position Title  Proposed Position Title
TITLE CHANGE CW Mech Shop  0010  Mechanic IV  Mechanic V 
TITLE CHANGE  CW Mech Shop 0002   Mechanic III  Mechanic IV
TITLE CHANGE  Administration 0010   Clerk/Receptionist  Clerk III
TITLE CHANGE Administration 0011  Office Clerk  Clerk III
 
 
7. Precinct #2 Parks (1100)/CW Mechanic Shop (1200)/Administration (1200)/Rd Maintenance (1200): Approval of the following personnel actions as previously approved by CC on 12/02/2014 (refer to agenda item no. 47587 and 47596):
 
Action Program Slot No. Position Title Current Budgeted Salary
DELETE Parks 0010 Maintenance I $22,954.00
DELETE CW Mech Shop 0003 Mechanic III $32,131.00
DELETE Administration 0015 Accounts Payable Specialist II $32,769.00
DELETE Rd Maintenance 0042 Maintenance I $23,674.00
DELETE Rd Maintenance 0044 Traf SA/SP I $23,015.00
DELETE Rd Maintenance 0071 Maintenance I $23,384.00
DELETE Rd Maintenance 0073 Maintenance I $23,384.00
CREATE Parks 0037 Heavy Equipment Operator I $29,656.00
CREATE CW Mech Shop 0011 Truck Driver III $34,589.00
CREATE CW Mech Shop 0012 Mechanic III $37,359.00
CREATE Administration 0020 Executive Assistant IV $70,748.00
CREATE Administration 0021 Accounts Payable Specialist III $37,869.00
CREATE Administration 0022 Clerk III $28,745.00
 
8. DA- Border Prosecution Unit Grant (BPU) (1281): Approval of the following personnel actions as previously approved by CC on 9/30/2014 (refer to agenda item no. 46602):
 
Action Slot No. Dept/Program Position Title Current Salary/Allowance Proposed Salary/Allowance

Salary Adjustment
(decrease)
 
0001 080-012 Asst. District Atty III $79,000.00 $77,920.00
Auto Allowance
(remove)
 
$900.00 -0-

Salary Adjustment
(decrease)
 
0004 080-012 Asst. District Atty IV $78,000.00 $76,420.00

9. WIC ADM (1292): Approval of the following personnel actions as previously approved by CC on 11/10/2014 (refer to agenda item no. 47207):
 
Action Position Title Slot No. Dept No. Current/Proposed Budgeted Salary
DELETE LVN II 0036 350-001 $41,280.00
CREATE Clinic Manager 0250 350-001 $44,583.00

10. Executive Office (1100): Approval to correct the salary and authorize allowance for the following positions, as previously approved by CC on 12/02/2014 (refer to agenda item no. 47595), effective 12/02/14 to 12/31/14 and FY 2015:
 
Action Position Title Slot No. Current Budgeted
Salary/Allowance
Proposed Budgeted 
Salary/Allowance
CREATE County Operations Administrator 0019 $86,888.00 $86,888.00
CREATE County Operations Administrator 0020 $91,888.00 $86,888.00
ADD ALLOWANCE County Operations Administrator 0020 -0- $5,000.00

11. Approval of transfer(s).
12. Approval of revised salary schedule(s).

Mr. Cruz stated these Items were approved after the budget process and need to be approved so they continue for the next fiscal year.

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 - 12.

Vote: 4 - 0 – Unanimously
 
D.
AI-47822
1. Discussion, consideration and approval of positions not included in the 2015 Adopted Salary Schedule as listed below, to be effective 01/01/2015:

a. WIC ADM Grant (1292):
Approval of the following personnel action(s), as previously approved by CC on 9/23/2014 (refer to agenda item no. 46359):
  
Action Slot No. 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 $21,008.00
DELETE 0150 Clerk I $21,008.00
DELETE 0153 Clerk I $21,008.00
DELETE 0154 Clerk II $23,083.00
DELETE 0157 Clinic Aide II $23,083.00
DELETE 0173 Clerk I $21,008.00
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. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

b. TX Agrilife Ext (1100): 
Approval of the following personnel actions, effective 1/1/2015:
 
Action Slot No. Adopted Budgeted Allowance Proposed Budgeted Allowance
Authorize
Supplemental Pay Allowance
A008 -0- $20,475.00
Authorize
Supplemental Pay Allowance
A010 -0- $17,195.00

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

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 b. 2 and 3.

Vote: 4 - 0 – Unanimously
 
E.
AI-47806
1. Discussion, consideration and approval of Resolution authorizing County staff, in cooperation with the County's financial advisor, Estrada Hinojosa & Company, Inc., to submit one or more applications to the State Infrastructure Bank in an effort to obtain funding for certain road improvements.

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. Discussion, consideration and approval to submit the following Applications for Financial Assistance to TxDOT's State Infrastructure Bank (SIB), with authority for County Judge to sign the same:

a.  Application for Financial Assistance in the amount of $2,561,468 for Liberty Boulavard (from Mile 4 to FM 2221) CSJ: 0921-02-322
b.  Application for Financial Assistance in the amount of $2,415,305 for 10th Street (from SH 107 to FM 1925) CSJ: 0921-02-300
c.  Application for Financial Assistance in the amount of $1,266,465 for FM 2220 (from FM 1924 to Mile 5 North) CSJ: 2094-01-038
d.  Application for Financial Assistance in the amount of $3,544,000 for Mile 6 West (from Mile 9N to Mile 11N) CSJ: 0921-02-286

Mr. Sergio Cruz indicated there was a correction to Item E.2.c; the amount should read $1,456,435.00. 
 
Commissioner Flores inquired on where the funds would be paid from. Mr. Cruz replied that they would either come from General Fund appropriations or Road and Bridge appropriations. He informed the Court that the request is for a twenty (20) year term for the loan and a possible deferment on the payment. He stated the benefits from this are reduced interest and the possibility to defer payments up to five (5) years. Those issues are being discussed with the county’s financial advisor and he informed the Court that this item is not a commitment to the loans.

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

Vote: 4 - 0 - Unanimously

At this time, Commissioner Joe Flores excused himself from the meeting.

The Court proceeded to Item 6.D.
Attachments:
 
F.
AI-47619
1.  Approval of amendment to Appendix A of the Financial Advisory Services contract.
2.  Approval of third party invoices and fixed costs and expenses for the bond sales dated November 18, 2014.

NO ACTION taken on Items 1 and 2.
 
G.
AI-47612
New Courthouse (1100):
Approval to designate the amount of $4,041,000.00 in the year 2014 for the design, construction and other expenditures related to the construction of the New County Courthouse.

Mr. Frank Traver had a concern over the monies being designated for the new courthouse that has yet to be approved. He feels this action is unnecessary at this point and requested reconsideration from the Court.

Commissioner Joseph Palacios stated he was over the amount yet understands the process works in phases.

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

 
H.
AI-47615
Human Services - 1115 Waiver DSRIP (1100):
Approval to designate the amount of $4,003,115.63 in the year 2014 for expenditures related to the 1115 Waiver Program.

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
 
I.
AI-47476
TxDOT-Precinct No.1 (1315):
Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $7,100.00 for additional direct costs related to engineering for the Mile 6 West road project. Limits are from Mile 9 to Mile 11 (CSJ# 0921-02-168).

Mr. Eufracio had a concern over Items I and J due to TxDOT not providing a project budget to be able to review the amounts incurred and who is responsible. He stated the City of Weslaco also is involved and will the County will need to request reimbursement for their portion.  Mr. Cruz stated that TxDOT advised that will not be submitting a revised budget until the AFA has revised theirs, but they did provide a breakdown.  Mr. Cruz recommended the Item be approved subject to the auditors review in order to have the opportunity to meet with TxDOT, the engineering firm, Budget office, and the Auditor's office to evaluate the breakdown.

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 auditor review.

Vote: 4 - 0 – Unanimously
Attachments:
 
J.
AI-47721
Precinct No.2 TxDOT:
Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $2,500.00 to cover additional engineering direct state costs for associated with CR 653 (Las Milpas Road) over South Floodway Channel project and with the County Treasurer to issue check after review and processing procedures are completed by the County Auditor. (CSJ:0921-02-252)

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 auditor review.

Vote: 4 - 0 – Unanimously
Attachments:
 
K.
AI-47704
Precinct No.4 TxDOT:
1. Approval of Advanced Funding Agreement (AFA) between Hidalgo County and Texas Department of Transportation for FM1925 from FM907 to Sharp Road - (CSJ:1803-02-035) and with authority for County Judge to sign all appropriate documentation.

     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. Approval of Advanced Funding Agreement (AFA) between Hidalgo County and Texas Department of Transportation for 10th Street Extension from SH107 to FM1925 - (CSJ: 0921-02-300) and with authority for County Judge to sign all appropriate documentation.

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

     Vote: 4 - 0 - Unanimously

3. Approval to issue check payable to Texas Department of Transportation Trust Fund in the amount of $150,800.00 to cover County's estimated share of preliminary engineering and Right of Way Direct State Costs associated with 10th Street Extension project and with the County Treasurer to issue check after review and processing procedures are completed by the County Auditor.

     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: 4 - 0 - Unanimously
 
L.
AI-47624
Co. Wide Adm (1100):
Approval of 2014 interdepartmental transfer from Jail Landmark to Co. Wide Adm. - Contingency in the amount of $680,888.02.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
M.
AI-47714
Authorization for the Light Audit and Analysis with vendor (Enviro-lite solutions) through the County's participation/membership with TASB/Buyboard for countywide buildings.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
N.
AI-47471
Discussion, consideration and approval to abate the Urban County prior years accounts receivable in the amount of $33,759.98.
 

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:
 
O.
 
Budget Appropriations:
 
1.
AI-47648
A.  CO2014 (1345)
1.  Approval of 2014 appropriation of funds in the amount of $273,746.05 to fund the issuance costs and fiscal agent's fees.

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

Vote: 4 - 0 - Unanimously

2.  Approval of 2014 appropriation of funds in the amount of $7,000,000.00 to fund the renovations to the Adult Detention Center and the Law Enforcement Center.

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 2014 appropriation of funds in the amount of $510,000.00 to fund the purchase of heavy equipment for Precinct No 1.

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

Vote: 4 - 0 – Unanimously

B.  Refunding Bonds 2014C (1446)
Approval of 2014 appropriation of funds in the amount of $307,463.05 to fund issuance costs and fiscal agent's fees.

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

Vote: 4 - 0 -Unanimously

C.  Tax Notes 2014 (1304)
Approval of 2014 appropriation of funds in the amount of $103,012.85 to fund issuance costs and fiscal agent's fees.

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.
AI-47621
LPPF-1115 Waiver UC (1258):
1. Approval of Certification of Revenue as certified by the County Auditor in relation to revenue from the assessment of mandatory payments from the respective hospitals for the Health Care Funding District.
2. Approval of 2014 appropriation of funds in the amount of $20,405,319.52 for the LPPF-1115 Waiver.

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

Mr. Cruz announced a correction on the amount to be appropriated for the LPPF-1115 Waiver in the amount of $13,697.265,11. Mr. Eufracio stated he will not be able to certify the amount presented because he does not if it is correct. 

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 1 and 2; appropriation of funds in the corrected amount of $13,697,265.11 subject to auditors certification.

Vote: 3 - 0 – Unanimously

The Court proceeded to Item 17.A.
Attachments:
 
3.
AI-47662
County Clerk's Records Management & Preservation (1237):
Approval of 2014 appropriation of funds in the amount of $408,780.00 for the preservation of books.

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:
 
24.
 
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-47608
Hidalgo County:
Action to amend regular AI-42568 (CC 1/21/14) for vehicle maintenance and repair services for county-owned vehicles, regular/heavy equipment, machinery parts & repairs from the vendors identified and detailed on attached list through the established and approved procedures for the requisition and purchase order process.
 

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.
AI-47560
Presentation for discussion, consideration, and approval to enter into an Interlocal Cooperation Agreement between Hidalgo County and the City of Edinburg for “The Disposal of Non-Hazardous Solid Waste.”
 

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:
 
3.
AI-47483
a)  Approval of a Sole Source Declaration for "Mary Ann Peralez dba Breath Test Services" for the provision of breath alcohol testing services to Hidalgo County's Alcohol Breath Test Program Services and will remain in effect unless revoked by Hidalgo County Commissioners Court;

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)  Authority to enter into with approval of a Service Contract with Mary Ann Peralez dba Breath Test Services as approved by legal pursuant to action taken on line a with effective date to be as of March 6, 2015 inasmuch as current contract will expire on March 5, 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
 
B.
 
County Judge's Office
 
1.
AI-47815
Requesting approval of Exhibit A (Requirements) & Exhibit B (Evaluation Criteria) for Professional Energy Consulting Services Project authorized for publication/advertising by HCCC 10/28/14.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
C.
 
Pct. 1
 
1.
AI-47575
Presentation of sole bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract for Request for Bid titled: Hidalgo County Precinct No. 1 -
"Disposal of Solid Waste Received at Pct 1- Citizens Collection Station to Transfer" through project No.: 2014-374-11-19-SGS
 

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 and award contract to Republic Services.

Vote: 4 - 0 - Unanimously

 
2.
AI-47547
Approval of Purchase for Pct. #1:
One (1) New 2015 Peterbilt 348 Series Dump Truck with standard equipment including additional equipment/options with a  total of $121,449.00 through the County's  membership/participation with (TASB)-Buyboard awarded vendor Rush Truck Center w/contract #430-13 which includes delivery, fee's and any other appurtenances as may be needed for project #14-417-OGG.
 

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: 4 - 0 - Unanimously

Attachments:
 
D.
 
Pct. 2
 
1.
AI-47610
Approve payment of Invoice #20142148 in the amount of $103,994.40 submitted for professional services rendered by TEDSI Infrastructure Group, under contract C-12-119-07-31 (WA# 3) in connection with Pct. 2 Dicker Road Project.
 

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

Vote: 4 - 0 - Unanimously

Attachments:
 
2.
AI-47654
A. Acceptance and approval of Certificate of Completion for the Precinct No. 2 Gonzalez-Zamora Subdivision Solar Lighting Project as certified by project engineer, Raul Sesin, P.E.;

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: 4 - 0 -Unanimously

B. Requesting approval for Final Payment Application No. 13933 in the amount of $170,169.70 from Facility Solutions Group, awarded vendor through the Hidalgo County's Participation/membership with TASB/Buyboard cooperative purchasing program, as certified for payment by project engineer, Raul Sesin, P.E.

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

Vote: 4 - 0 - Unanimously

At this time, Commissioner Hector "Tito" Palacios stepped away from the meeting.
 
E.
 
Health & Human Services Dept.
 
1.
AI-47429
Presentation of the responsible vendor (Clarke Mosquito Control Chemicals, Inc.) submitting the lowest and best bid (as detailed in tabulation sheet contained herein) and meeting all specifications and/or requirements for the purpose of award and approval of contract (but in no event to exceed the statutory procurement threshold of $50K) under the Request for Sealed Quotes titled: Hidalgo County Health & Human Services Department- "Mosquito Control Chemical" through project No.: 2014-347-10-31-SGS.
 

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

Vote: 3 - 0 - Unanimously

 
2.
AI-47626
Acceptance and approval of the final negotiated contract with Network Sciences, Inc., (ranked #1 by CC 11/10/2014) for RFP 2014-276-10-15-YZV-"Indigent Health Care Computer Software"
 

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

Vote: 3 - 0 - Unanimously

 
F.
 
Facilities Management:
 
1.
AI-47732
A.  Acceptance and approval to award proposal received in the amount of $5,288.39 from Herrera and Hunt, Inc., awarded Job Order Contractor through County's participation with HCDE-Choice Facility Partners JOC contract No. JOC-09-040JC-07, for the project: Hidalgo County -"Additional Roof Drain Repairs for the Old Administration Building". (2014-269C-MSS).

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

Vote:
3 - 0 – Unanimously

B.  Due to urgent need and to avoid work stoppage for the Renovations at the Old Administration Building, requesting ratification of issuance of the Purchase Order #714344 for a proposal received from JOC Awarded contractor, Herrera & Hunt through County's Participation with HCDE -Choice Facility Partners JOC Contract No. JOC-09-040JC-07, in the amount of $13,277.05 for "The Installation of two roof drains". 

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

Vote: 3 - 0 – Unanimously
 
G.
 
Budget & Management
 
1.
AI-47688
Requesting approval of Contract # C-14-123-12-16 with Palm Valley Animal Center Sole Source vendor (approved by HCCC in 02/2011) for “Hidalgo County - Impoundment and Quarantine of Small Animals” effective January 01, 2015 through December 31, 2017 with terms, rates and conditions as stated in proposal and made part of the agreement by reference.
 

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

Vote: 3 - 0 - Unanimously

 
H.
 
Colonia Access Program Pct. 1
 
1.
AI-47465
Acceptance and approval to execute a Professional Engineer contract/agreement for the provision of general engineering services for Pct No. 1 for Border Colonia Round III with Le Fevre Engineering & Management Consulting, Inc. as authorized and approved for negotiations by CC on 10/28/14.

 

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

Vote: 3 - 0 - Unanimously

 
I.
 
Colonia Access Program Pct. 3
 
1.
AI-47693
Presentation for discussion, consideration, acceptance and approval of Supplemental Agreement No. 2 for Border Colonia Access Program Engineering Services contract for Precinct No. 3 with Javier Hinojosa Engineering C-CAP-08-030A-10-28 to replace the existing Exhibit “C” (Project Schedule) with  AMENDED Exhibit “C” (Project Schedule).
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
2.
AI-47469
ENGINEERING SERVICES:
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;

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

Vote: 3 - 0 – Unanimously

B. Presentation of scoring grid (for purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of Engineering Services in connection with Havana Lomas #4 and Havana Lomas #5 , Pct 3 Round 3 BCAP Subdivisions;

Scores Javier Hinojosa
Engineering
SAMES Inc. Izaguirre Engineering
Group, LLC
Evaluator 1 98 90 87
RANKING  1  2  3
*Scoring & Evaluation was completed by Pct. No.3

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

Vote: 3 - 0 – Unanimously

C. Authority for the Purchasing Department to negotiate a professional (Engineering Services) contract with the No. 1 ranked firm of JAVIER HINOJOSA ENGINEERING for the provision of professional engineering services for Havana Lomas #4 and Havana Lomas #5, Pct 3 Round 3 BCAP Projects. 

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

Vote: 3 - 0 – Unanimously

MATERIAL TESTING:
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service;

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

Vote: 3 - 0 – Unanimously

B. Presentation of scoring grid (for purpose of ranking by CC) of the firms graded and evaluated through the County’s approved “pool” of Construction Material Testing in connection with Havana Lomas #4 and Havana Lomas #5, Pct 3 Round 3 BCAP Projects;
Scores L & G
Engineering
PSI Inc. Izaguirre Engineering
Group, Inc.
Evaluator 1 98 91 88
RANKING  1  2  3
*Scoring & Evaluation was completed by Pct. No.3

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

Vote: 3 - 0 – Unanimously
 
C. Authority for the Purchasing Department to negotiate a professional (Construction Material Testing) contract with the No. 1 ranked firm of L & G ENGINEERING for the provision of construction material testing services Havana Lomas #4 and Havana Lomas #5, Pct 3 Round 3 BCAP Projects.

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

Vote: 3 - 0 – Unanimously
Attachments:
 
J.
 
Juvenile Probation
 
1.
AI-47824
Acceptance and approval to award  job order contractor, Herrera & Hunt (awarded JOC through HCDE-Choice Facility Partners Contract #09-040JC-07) in the amount of $63,852.85 for repairs and replacement to existing security fencing inside Juvenile Detention Center  located at 1711 N. Bridge St in Weslaco, Tx -Project #2014-423-OGG.
 

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

Vote: 3 - 0 - Unanimously

Attachments:
 
K.
 
Co. Wide
 
1.
AI-47605
Requesting Authority to advertise and approval of qualifications, requirements, and scope of services as attached hereto for: “Hidalgo County Pool of Professional Services” for the following:
A. Architectural Services (RFQ No. 2015-005-01-28-YSS)
B. Engineering Services (RFQ No. 2015-006-01-28-YZV)
C. Engineering Services Geotechnical & Construction Material Testing (RFQ No. 2015-007-01-28-SMA)
D. Construction Management Services (RFQ No. 2015-008-01-28-MSS)
E. Appraisal Services (RFQ No. 2015-009-01-28-SGS)
F. Surveying Services (RFQ No. 2015-010-01-28-MEG)
for selection on an “as needed basis” (through a grading/scoring, ranking, negotiation protocol-as established by CC) per project by Hidalgo County Commissioners Court, Precincts, all County Departments and/or applicable Programs or Agencies requiring said services effective March 16, 2015 through March 15, 2016.
 

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

Vote: 3 - 0 - Unanimously

 
25.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071 & 551.072 to discuss the following:
 

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

Vote: 3 - 0 - Unanimously

 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-47718
Pending/potential litigation:
The South 5.0 acres of the North 20.0 acres of Lot 45-2, WEST ADDITION TO SHARYLAND, Hidalgo County, Texas, according to the map recorded in Volume 1, Page 56, Map Records in the Office of the County Clerk of Hidalgo County, Texas, reference to which is here made for all purposes.
 
D.
AI-47805
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Bearcats  
 
E.
AI-47660
Cause No. D-1-GN-14-004597; Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and Dearborn National Life Insurance Company v. The Honorable Greg Abbott, Attorney General of Texas, and Hidalgo County, Texas
 
F.
AI-47690
C-2749-13-G; Leihliana Ruelas and Deyanira Ruelas v. Hidalgo County Sheriff Department and Gilbert Flores
 
G.
AI-47792
Cause No. CL-13-1855-A; Alberto Martinez vs. Hidalgo County
 
H.
AI-47794
CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo
 
I.
AI-47766
Claim of Frida Partners LLC
 
J.
AI-47789
Claim of AT&T

NO ACTION taken on Items 25.A - 25.J.
 
26.
 
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-47720
Pending/potential litigation:
The South 5.0 acres of the North 20.0 acres of Lot 45-2, WEST ADDITION TO SHARYLAND, Hidalgo County, Texas, according to the map recorded in Volume 1, Page 56, Map Records in the Office of the County Clerk of Hidalgo County, Texas, reference to which is here made for all purposes.

Refer to Items 7.A.1 and 7.A.2.
 
D.
AI-47791
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Bearcats 

NO ACTION taken on this Item.
 
E.
AI-47659
Cause No. D-1-GN-14-004597; Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, and Dearborn National Life Insurance Company v. The Honorable Greg Abbott, Attorney General of Texas, and Hidalgo County, Texas

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval to authorize Rex Leech, to sign a Rule 11 on behalf of Hidalgo County as it pertains to this case.

Vote: 4 - 0 - Unanimously 
 
F.
AI-47691
C-2749-13-G; Leihliana Ruelas and Deyanira Ruelas v. Hidalgo County Sheriff Department and Gilbert Flores

Proceed as directed.
 
G.
AI-47793
Cause No. CL-13-1855-A; Alberto Martinez vs. Hidalgo County
 

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 in settlement of in this case in the amount of $8,500.00.

Vote: 4 - 0 - Unanimously

 
H.
AI-47795
CL-13-0827-F; Jose Alaniz and Rosalinda Alaniz v. County of Hidalgo

Mr. Guerra stated that the County's portion of the proposed settlement agreement would be $37,500.00 and the remaining $62,500.00 to be paid by Triple AAA Texas County Mutual Insurance Company.
 

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 in settlement of in this case in the amount of $100,000.00.

Vote: 4 - 0 - Unanimously

 
I.
AI-47767
Claim of Frida Partners LLC
 

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 for settlement authority in the amount of $1,361.79.

Vote: 4 - 0 - Unanimously

 
J.
AI-47790
Claim of AT&T
 

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 for settlement agreement in the amount of $1,278.97.

Vote: 4 - 0 - Unanimously

 
27.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
28.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

NO ACTION taken on this Item.
 
29.
 
Mr. Guerra announced that there will be a Special Meeting held on Monday, December 22, 2014 at 9:30 am.

Adjourn

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: 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 16th day of December, 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 December 16, 2014.

Signed this 16th day of December 2014




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


By: ____________________________
(Seal) Virginia Jones, Deputy