Discussion, consideration, and possible action to adopt Hidalgo County Resolution of Intent to establish a Property Assessed Clean Energy Program (PACE), as required by Tex. Local Gov’t Code Section 399.008.

Michael Leo, County Judge's Office, introduced the possible acceptance resolution of intent to establish a Property Assessed Clean Energy Program (PACE).  Mr. Leo reminded the members that last year representatives introduced this program, which provides the opportunity for commercial building owners to obtain financing for energy efficient improvements. He emphasized that this document does not bind the county, it only enables the county to move forward. 

Mr. Jonathon Blackburn, Managing Director (PACE) informed that they are a 5.01C none profit administrator of (PACE) programs in Texas, working along with the Lower Rio Grande Valley Development Council. The program provides a way for Hidalgo County commercial property owners to finance improvements to their infrastructures, with no money out of pocket. This is done by using the property assessment mechanism. Currently, there's two programs in the Valley, as well as in central Texas and City of Houston and Dallas. Mr. Blackburn stated that this a fairly new program in Texas and have completed two projects in Travis County. 

Commissioner Palacios questioned the property assessment value, and if it seals the current evaluation for improvement. In regards, Mr. Blackburn stated that in terms of (PACE) they use different meanings in terms of assessment. In terms of it, it's more of an amount that's due to finance a particular improvement and is separate from the value of the property.

Commissioner Cantu recalled the concerns and questioned he had over the program, nevertheless he explained that most of his questions were answer by Brook Mcalary. The commissioner explained that initially he was looking for actual examples of where this program had been implemented and not just adopted. Base on the implementation by Travis County and other examples, the commissioner stated his comfort with the program. 

In any case, Mr. Leo informed that there's still questions to be answer, and notified the court of a scheduled meeting with legal, (PACE) members, tax office and the precincts. He also ensured that they will not ask court adopt the actual program to implement until all questions are addressed. 

Mr. Ken Jones confide to the court that if this program is approve, it is strictly voluntary in terms of commercial and business owners. Regarding the resolution it is at no cost to the county, and will provide the opportunity to schedule public meetings. 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Mr. Leo informed that the resolution is for the intent to hold a public hearing set for next month at a regular Commissioners Court meeting.

DA Investigation HB65 (1223)
Approval to 2016 appropriation of funds in the amount of $50,000.00 to fund operating expenditures.



On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

1. Public hearing regarding the District Court Records Archive Preservation & Restoration Plan, in accordance with Texas Government Code §51.305(f).

Commissioner Palacios stepped away from the meeting.

Judge Garcia opened up the public hearing. 

No public comments were presented.

Judge Garcia closed the public hearing.

2. Discussion, consideration, & approval of the District Court Records Archive Preservation & Restoration Plan, pursuant to Texas Government Code §51.305.

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

Vote: 4 - 0 - Unanimously

3. Approval of 2016 appropriation of funds for the District Clerk Record Archive in the amount of $263,173.50 to fund archival imaging & indexing of case files.

Commissioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 3 - 0 - Unanimously

Constable Pct. 1 - Local Border Security Program (1284):
Approval of Resolution for LBSP 17 Grant to designate Judge Ramon Garcia as grantee's authorized official and to sign required documents (grant period - September 1, 2016 - August 31, 2017).

Commissioner Palacios joined the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

Constable Pct. 4 - Local Border Security Program (1284):
Approval of Resolution for LBSP 17 Grant to designate Judge Ramon Garcia as grantee's authorized official and to sign required documents (grant period - September 1, 2016 - August 31, 2017).

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

Vote: 4 - 0 – Unanimously

Operation Stonegarden (1284):
Authorization and approval to de-obligate $3,083.55 of Hidalgo Operation Stonegarden 2014 overtime funds to allocate to City of Sullivan OPSG 14 grant.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 4 - 0 - Unanimously

Pursuant to Texas Local Government Code section §157.903, consideration and approval of indemnification in the amount of $1,976.86 for over-payments made to 33 inmates between December 3, 2003 and October 8, 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

 Authorization and approval to apply for the National Incident-Based Reporting System (NIBRS) Grant with the Office of the Governor, Criminal Justice Division.

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

1. Discussion, consideration and action designating Valde Guerra, Executive Officer, as the Chief Personnel Officer for the County of Hidalgo, Texas; and

Mr. Guerra confirmed with the judge that this is a temporary position to facilitate the work during the budget process and the step and grade.

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

Vote: 4 - 0 -Unanimously 

2. Discussion, consideration and action designating the Chief Personnel Officer to prescribe and approve all personnel forms as authorized by Local Government Code Section 151.903 (f).

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

Vote: 4 - 0 -Unanimously

1. Discussion and action on tax resale bids received on the properties described (see attached list)

Mr. Michael Cano, Linebarger Goggan Blair and Sampson, advised of the same 78 properties discussed under the Drainage District Meeting. These are the same properties foreclosed due to tax delinquency. These properties will bring about $121,000 back to the county. He emphasized that no families are being displaced out of their homes.
 
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 

Court voted on same 78 properties. 

Court proceeded to Item.10.C.

2. Discussion and action on Order for tax resale bid properties.

No formal action was taken on Item.10.B.2.

Approval to accept settlement check from Apollo Managing General Agency in the amount of $662.43 to settle auto accident claim with County vehicle. (Precinct 3)

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

Vote: 4 - 0 -Unanimously 

Court proceeded to Item.10.E.

1.  Discussion, consideration and action to submit an application for a Cost of Living Adjustment (COLA) that is provided in the 2016-2021 Notice of Award (NOI) issued by the Department of Health and Human Services to the Hidalgo County Head Start Program

Mrs. Flores informed that they have to do the COLA apart. Stating that this time it directs moving the hiring scale up by the minimum that the federal government proposes to do. When this is done, they have opportunities to do any differential salaries. These salaries come as part of the COLA. In discussing the meaning of COLA and how it works, with Mr. Valde Guerra and Mr. Raul Silguero the director expressed that it is seen different for the program. Mrs. Flores advised that for Head Start this becomes a process, an application. Informing that the application came from January 1, 2016 to June 30, 2016. Requiring the approval of the policy council with signature page, as well as the approval by commissioners court with signature page. After these approvals, it is submitted to the office of head start and then its approve again and they added. Due to the new grant, the application is now being introduced from July 1, 2016 to December. 

Commissioner Palacios questioned if this was in relation to the item that came through court last month pertaining to adjustments. The commissioner restated his support for the positive comments made by the judge regarding the excellent work done by the head start and the director. Commissioner Palacios remarked the difference between how the county and the Head Start Program interprets COLA. As per the commissioner, the county follows a process in identifying any salary adjustments. COLA is interpret as a standard rate base on the index and applied across the board. Accordingly, the commissioner sustain his interpretation regardless of any back up, as to the authority given by the court is specifically the adjustment to the COLA. The commissioner disclosed his request to have Mr. Silguero and Mr. Guerra go through the process, as in any other case for any elected official or department. 

Mrs. Flores informed that as a form of acknowledgment to the concerns, she reached to the liaison. The director commented that for the last 13 years, Mr. Silguero nor Mr. Guerra have been involved in their COLA process. Nevertheless, Mrs. Flores agreed involving them. She restated that the policy council reviews in detail anything related to Head Start and she does not move forward without its approval. Additionally, as the item was coming back she met with Mr. Silguero and Mr. Guerra on how the item should be stated.  

In any case, the commissioner emphasized to Mrs. Flores that Commissioners Court has fiscal oversight. Pointing out that the agenda item reads pertaining to COLA and says nothing about salary adjustments. Therefore, the commissioner's concerns were about what the court gave legal authority for. Mrs. Flores communicated that the presentation was an application approval, it was the way the presentation was submitted. Stating that it requires an application process, and it doesn't talk about COLA in isolation. Instead, it mentions an application that requires an explanation for anything above 1.8% however, with what was given it went up to 2% and then they did the additional staff. Mrs. Flores asserted that throughout the years they've never had equity and parity across the board in their division. The director notified that in 2007 they placed teachers on equity and parity, however they did established a salary scale that is not step and grade because the program does not have increases every year. In 2008 they took center managers and placed them under equity and parity. The same process was done for coordinators and directors in 2012. She informed that they have never done administrator staff as they are trying to do now. 

Mr. Raul Silguero advised that a few years ago the Department of Health and Human Services shifted a lot of responsibilities to the governing board, being Commissioners Court. Making it clear that the governing board was responsible for personnel policies and procedures, oversights, legal and management program, to include compensations positions for executive director, finance director and so for. According to Mr. Silguero, in shifting these responsibilities it provides the court a better oversight in terms of how court can process those procedures. Restating that the previous agenda contained limited information, one line approving COLA. Once more, he mentioned that they received funding to provide 1.8% COLA and allows them to do some differential COLA.

Commissioner Flores questioned Mr. Silguero as to who decided to give these raises. In response, Mr. Silguero stated that the head start director recommends to the policy council, they then come to commissioners court for approval. He emphasized that they do not review or have access to their salary information, as they have their own personnel and own budget. He also suggested placing protocols in place so that there could be reviews and advise for these matters. Regarding "differential cola", Commissioner Cantu questioned where it comes from. Mr. Silguero informed the commissioner that it simply means that Head Start will accept from a local head start a salary recommendation a COLA adjustment that might be different for other people. Such is the case, that for this occasion some will get 2% and some field employees will get a different percentage. In other words, they allow a different percentage for other employees with justification. 

Commissioner Flores pointed out some of the increases from $8,000 to $4,000 and some for less than $1,000. Mr. Silguero explained that in May, they were required to submit the application before the end of June. The application was approved, and the COLA was paid retroactively, giving it for the first six months and then given a lump sum payment. They are now having to resubmit the application for the second part of the year to continue the 2%. He emphasized that the COLA approved in May was only for the first six months, and are now asking for permission to submit an application to continue that COLA. In doing so, providing the 2% and the other salary adjustments for the remainder of the year. 

Mrs. Flores made clear that their COLA is never part of any county funds.

Commissioner Flores asked what the percentage would be across the board, if they wouldn't give differentials or raises. The Head Start director explained that they work with the policy council, and it's a process they follow to provide explanation to the federal government on the basis of why they'll provide 2% for the five people. She restated that the justification given is equity and parity. Commissioner Palacios advised that it is not up to the court to stipulate where the comparison is, as this is why they account with HR and the Executive Office. The commissioner stressed that the court's diligence is to present all adjustments. Further, acknowledging the difficulties to keep bus drivers and other employees due to the low salaries. However, he requested for the court to look at this item adjectively due to the number of concerns presented. 

In regards, Mrs. Flores made it clear that they follow protocol set up by the office of Head Start. Still, she emphasized the importance of having the same rights of equity and parity as other department heads. Commissioner Palacios manifested that as an elected official, he sees that it goes through the proper process of evaluation to be sure the comparison is fair and partial. 

Commissioner Cantu questioned if the money allotted for the five employees could also be use for other employees, or only for them. In response Mrs. Flores, assured that there's no problem using the money for the other employees however, it was an administration recommendation and went through the policy council procedures. If any changes, they would need the policy council to agree as well. Once more, the director emphasized that both courts have to be in agreement by July 31, fail to do so they can lose the money. The commissioner directed Mrs. Flores to hold a meeting with the policy council.

Commissioner Flores commented that if she was to take their recommendations to the policy council, they would more likely agree to them. Mrs. Flores informed the commissioner that the recommendation was to continue with what they had from January to June 30.

Commissioner Palacios notified about his discussion with the chairman, notifying that he is solely asking to be equitable across the board. He has asked Mr. Silguero and Mr. Guerra to provide different options for the court to consider. Additionally, the commissioner informed that the chairman is willing to work with the members appointed by the court. 

Mrs. Flores assured Commissioner Cuellar that she does not have a problem holding a meeting with the policy council, however she must have a quorum of the majority of parents. 

Judge Garcia asked Mr. Silguero if he's been able to evaluate this issue. Mr. Silguero notified the judge that they've looked at the basics of what Mrs. Flores is recommending but have not concluded if these are valid basis or even if it's applicable. He also emphasized on the deadline of July 31.

Commissioner Flores asked if it was possible to give half of what's stipulated for the five employees and provide the rest of it to the other employees. In regards, Mr. Silguero commented to the commissioner that he prepared numbers and was willing to recommend, however the issue of equity and parity means they'll have to compare. He claimed that this same issue occurred when attorney's in the Public Defender's Office were making less than at the DA's office, with the same job and same title. Therefore, parity is important to in order to have the same employees doing the same job and earning the same. 

Commissioner Cantu questioned how they could go about spreading the money allotted for the five employees amongst the other employees. Mrs. Flores informed that it would have to be taken to the policy council. Additionally, the commissioner noted that this item is being brought at the last minute. With regards, Mrs. Flores informed that there's a letter announcing the COLA, and that she first received verbal approval because the office of Head Star did not issue the notice of this COLA until yesterday. However, she was allowed to proceed because of time. 

Commissioner Cantu suggested approving Item.10.D.1 and 10.D.2.A. and make sure those get done and then come back on Item.10.D.2.B. so that at least they can approve part of it. 

Judge Garcia questioned if Commissioner's Flores suggestion could be done. The judge stated that as the oversight body, it appears that the consensus is that the method used to arrive to this figures was not necessarily fair to everybody within the agency. Mrs. Flores affirmed that she would take these suggestions to the policy council. Nevertheless, if they chose to approve the other two items, this would also apply to them as they are part of the program.

Mr. Silguero informed that the 2% could not be approved until they do calculations. 

Mrs. Flores affirmed that the policy council must approve these items before the court-as per the bylaws. She also suggested to the court members to voice any input with regards to the policy council agenda and their procedures. Furthermore, restating that they always receive a copy of the agenda before it even comes to court.

Commissioner Cuellar stepped away from the meeting.

Commissioner Palacios requested to restate the recommendations by the court. 

Mr. Silguero deduced that the direction of the court is to look at differentials that Mrs. Flores has recommended, use half of that and then the difference go to the 2% across the board. 

Mrs. Fern McClaugherty suggested dropping the differentials and only give the five employees the 2%. According to Mrs. McClaugherty, currently the Head Start Director is earning $96,844.80 and if she gets the differential and the 2% she'll be earning $112,985.60. Further, she reminded the court that there're employees that have been working in the program for 20 years and are making less than $20,000 on the contrary to Mrs. Flores who has only been working there for 13 years and will be making almost $113,000. Additionally, she encouraged the court to look at the salary history for the last 5 years. She also made clear her disagreement as to why Mrs. Flores salary should match the rest of the school district superintendents. Finally, Mrs. McClaugherty questioned if the ADA children are counted by the school districts and use as their count, so does the Head Start pay money for the children and if not she wants to know where the money is. 

Mr. Silguero advised that he would be working the numbers base on the court's recommendations and provide the option of the 2% across the board. However, he reminded the court that half of the differential raises have been paid and must take it into consideration. 

Mrs. Flores clarified that school districts do have ADA, however they do not receive any school materials and do not keep any money from the districts.

Court took no action on this item.

2.  Approval to implement the awarded COLA to continue the COLA approved on 5/17/16 (1/1/2016-6/30/16) for the 07/01/2016-12/31/2016 period as follows:

A.  2% COLA to all Head Start employees as listed on Exhibit A (766 employees)
B.  Differential COLA to other employees as listed on Exhibit B (5 employees)

Court took no action on Item.10.D.2.A and B.

Court proceeded to Item.12.A.

Presentation of Annual Report - County Library System

Marisol Vidales, HCLS President and Director for the Dr. Hector P. Garcia Memorial Library in Mercedes, Texas. Informed the court that the Hidalgo County Library System was established in 1971. She let the court know that they are one of the largest federated library system. The director explained that the purpose of the federated library system is to provide library services across the county, without the need for the county to establish a county library. In referencing to the BlibioTech in Bear County, she clarified that this is funded by the county only, at a cost of $2.2 million dollars annually. Ms. Vidales specified that their goal is to provide free library services not only to the city but as well as to county residents only. This service provides technology classes, computer classes, job skill and job fairs. 

Yenni Espinoza, Director for the Peñitas Public Library, emphasized the importance of technology public library. She also specified other resources provided by the library such as WiFi, eBook, mobile check out, language learning modules, computer classes, online GED, summer reading programs for children and adults, bilingual services and story time. Additionally, they have partnered with Texas Hunger Initiative and school nutritional programs to provide meals. 

Arnoldo Becho, HCLS Secretary, spoke about the struggle to meet the basic maintenance of effort requirements. Informing that this is the average amount that they have to spend per resident, however because they struggle to meet the requirements they rely on indirect cost which the state looks at as a temporary solution. As they are hoping to get away from relying on the indirect cost, they are looking into a better accredited solution. Stating that if they can't get credited, they can't get E-rate, which it's most of the infrastructure for the library. Computers are the most important service utilized by the public on a daily basis. Mr. Becho notified that every time they receive funding from the county they are held responsible for every county resident that does not reside in the city. However, 33% of costumers are county residents, in spite of that, only 2% of the funding comes from the county. Due to this lack the cities have to pick up the slack, making difficult to provide resources. Once more, the maintenance of effort is an issue, hence restating that because of the county partnership they are able to spread out resources. 

The proposition for an equal library is attempting to come back, this will assist with accreditation issues and most importantly will demonstrate the efforts by the county to comeback illiteracy. Mr. Becho notified that the proposition requires funding of $400,000 the funding will go directly to EBooks that will permanently become property of the county. By doing so, it will establish a collection of about 40,000 EBooks.

Commissioner Cantu questioned the accessibility to the books. Mr. Becho explained that this would be done through a library card belonging to the system, phone, computer and tablet application. 

It was pointed that the ELibrary would cost less than a quarter of what a small building would cost. Equally important is the sustain annual funding of $65,000 this is important for accreditation to meet numbers. Those annual funds could ensured that this would become something big as in other bigger cities.

Commissioner Cantu expressed his a support of the project and encouraged the members to visit with him to clarify further details, and perhaps have the court look into it during the budget process.  

Likewise Commissioner Palacios voiced his support for the project, and notified that some CRC centers provide EBooks for the rural residents. Regarding funding and partnerships, the commissioner questioned if they are looking at the county as one financial resource or looking into building a coalition through other sources. On that regard, Mr. Becho stated that they would like to create a coalition and started within the county system.

Court took no action on this item.

Court proceeded to Item.11.A.

Notice of Five (5) Year Grant Award - Award No.: 06CH010420-01-00

Head Start Executive Director Teresa Flores introduced twelve significant facts about the program. The program has been in existence for 50 years, 33 of which have been under the  Hidalgo County. Mrs. Flores stated the program provides services in health, mental and dental health, nutrition and family and disability. Further, the program has been able to create jobs for parents, making 37% of employees in 2015, 16 were parents. The families benefit from financial support, release time as they follow new career paths, as well as break the poverty and illiteracy cycle. Each year the program begins with new parents employed. Parents are encourage to read to their children as way of breaking illiteracy. 

The director notified of the staff currently enrolled in college courses, who receive release time and th funds to pursue degrees in early childhood. Employees seeking other degree plans are granted 4 hours per week to attend college. Additionally, the program has been capable of transforming staff from non-degreed to degreed and met the Head Start mandate by 2013. The mandate was unfunded, meaning the requiring of more money to have teachers with degrees. Demanding $7, 093 plus benefits for each degree teacher. For a total of $1,690,401 for associates degree and bachelors' degrees to transform staff from non-degree to degreed. 

Mrs. Flores informed that in 2004, 834 employees were funded by the grant and 48 employees with Texas Department of Agriculture (TDA). As of May 2016, the program funded 758 employees with the grant and 26 with Texas Department of Agriculture. They were able to reduced 98 positions without displacing a single employee.Notwithstanding, they are able to serve 120 more children since 2010 for a total of 3,690 children. 

Furthermore, the director stated that they're allowed an administrative cost of 15% and often work to streamed lined operations to maintain it at less than 10%. Their current cost is 9%. In relation to grants, she stated that their grant, as all federal grants, requires a 20% local match from the county in order to access the funds. She emphasized that in order for the county to be able to access the new grant of $26,248,527 the county would require a local match of $6,562,132. Mrs. Flores made clear that as the agency of the county they have never imposed this expenditure on the county. Accentuating that they have been able to achieve it through their partnerships and various strategies, such as using parent and partners' volunteer time.

Moreover, the School Readiness Plan ensures that the children acquire "the skills, knowledge, and attitudes necessary for success in school and for later learning in life" The director indicated that they use high quality research based curricula, and teaching practices that are aligned with the districts'  and state requirements. Through the School Readiness Partnership Model (SRPM) developed over the last 9 years in affiliation with Pharr San Juan Alamo I.S.D. they have developed the best early childhood education program. The model received the HEB Excellence in Education in 2013, and was designated as the best in Texas. 

Additionally, the program has memoranda of understanding with seven districts. 

Once more, the director emphasized on the parent and family engagement. Ensuring that teachers consult with parents twice a day when they are being sign in and out. 

Mrs. Flores indicated that their past performance shows that they have consistently met the more than 1,800 Head Start Standards. The high quality services are documented through a record of no decencies and numerous areas of strength during the Triennial Reviews. Nevertheless, in 2014 the program was placed in re-competition due to teacher performance. While the teachers met the minimum standard of performance, they scored .01% below the bottom 10% threshold. The director explained that when reviewed, 80 programs were reviewed and took the bottom 10%. 

On June 30, 2016 the program received a Notice of Award (NOA). The funding period goes from July 1, 2016 to June 30, 2021. Making this the first time that Head Start has a continued grant. Therefore, for the next 5 years the county will have $164,053,295 secured for Head Start and its employees. 

Relating to the compliance waiver, the director informed that it was negotiated and approved. As per the director, they couldn't announced the award until the award was made. They went through a negotiation process were the director was able to negotiate new ways to do more than what they had. Mrs. Flores stated that it was recommended to them to cut children positions, something that they were not going to do. She requested speaking with the Director of Head Start in Washington, Dr. Blanca Enriquez and managed to successfully approve increasing the number of children from 17 to 22 for full time district teachers. On the other hand, the waiver will reduce 9 teachers slots and 9 assistant teachers slots. Thus, allowing the program to reallocate $584,565 and pay higher wages to the hourly personnel, including assistant teachers and assures that the minimum annual salary would be at least $20,000 plus benefits. The director emphasized that this is not a COLA, but the application itself. 

Regarding the award, she restated that it begins July 1, 2016 for the amount of $11,347,294.00 this includes money set aside for training, tuition and fees. Because the grant has provisions and conditions, they are require to have a 20% match. 

Court took no action on this item.

Court proceeded to Item.10.D.

Requesting approval of the Interlocal Cooperation Agreement between The County of Hidalgo and The University of Texas Rio Grande Valley.  The purpose of the Agreement is Public Health Preparedness and Response.  

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

Discussion, consideration and action on Management Control Agreement regarding Texas Department of Public Safety and FBI Criminal Justice Information System between Hidalgo County Constable Precinct 1, Hidalgo County Constable Precinct 2, Hidalgo County Constable Precinct 3 and Hidalgo County Information Technology Department.

Commissioner Palacios stepped away from the meeting.

Commissioner Palacios joined the meeting.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

Departments:	Quantity:	Description:	User:	Service Plan:	Equipment Cost:
Facilities Mgmt, Env. Compliance, Elections	3	Data Service	Office Use	Machine to Machine Account Share 1MB @ $5.00/month	$0
Facilities Mgmt, Env. Compliance, Elections	2	Data Service	Office Use	Machine to Machine Account Share 5MB @ $7.00/month	$0

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously 

Departments:	Quantity:	Description:	User:	Service Plan:	Equipment Cost:
Facilities Management	12	Data Cards	Office Use	4G Unlimited @ $37.99/month	$0
Environmental Compliance	6	Data Cards	Office Use	4G Unlimited @ $37.99/month	$0

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

COMMISSIONER PCT. 2:
Authorization and approval to purchase new wireless device with service through the County's membership/participation with CONTRACT: DIR-TSO-3415 for VERIZON WIRELESS for the following:
 

Qty:	Description:	User Name / Employee ID:	Service Plan:	Equipment:
1	Cell Phone	Eduardo Cantu / 207934	Nationwide Unl. Mins Email&Data Unl+MHS N&W/M2M/MSG Unl @ $69.99 + Taxes/Fees @ $5.00 = $74.99/month	Galaxy S5-16gb @ $0

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously

Subject to Compliance with HB 1295, when and if Applicable, the Urban County Program on behalf of the City of Alton, is requesting consideration and action to award and enter into a construction contract with 2GS, LLC dba Earthworks Enterprise in the amount of $260,255.65. UCP funds in Years 25, 26 & 27 (2012, 2013 & 2014) Street Improvement line item will be utilized along with City of Alton General Funds.

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

The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 29 (2016) effective July 1, 2016 to May 31, 2017. (See attached Agreement)
 

Women Together Foundation, Inc.	LRGVDC Valley Metro Transportation
Open Hands Charitable Services	A Vision for you help Center
Senior Community Outreach Services

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

The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 29 (2016) effective July 1, 2016 to May 31, 2017. (See attached Agreement)
 

Boys & Girls Club of Edinburg, Inc	Foster Grandparent Program
Boys & Girls Club of Mission, Inc.	HOPE Family Health Center
C.A.M.P. University	Nuestra Clinica Del Valle

Mrs. Serna confirmed to Commissioner Flores that the Boys & Girls Club of Mission, Inc. is located in the rural area. 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

1. The Urban County Program on behalf of the City of Sullivan City, the Urban County Program is requesting authority to rescind action taken on June 20, 2016, for the approval of Professional Engineering Contract with S & B Infrastructure , LTD., in the amount of $53,568.70 utilizing CDBG FY 26 (2013) Sullivan City Parks, Recreational Facility Improvement funds.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

2. Subject to Compliance with HB 1295, when and if Applicable, the Urban County Program on behalf of the City of Sullivan City is requesting approval of a best and final negotiated contract for professional engineering services with S & B Infrastructure , LTD. in the amount of $53,568.70 utilizing CDBG FY 26 (2013) Sullivan City Parks, Recreational Facility Improvement funds.

Mrs. Serna informed that this is necessary to address concerns in the contract raised by Mr. Steve Crain. Stating that this is the same, except worded differently. Normally they do not give work authorizations however, as per Mr. Crain has petition to do so.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

3. Requesting approval of Work Authorization No. 1- Sullivan City Park” in the amount of $53,568.70.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 29 (2016) effective July 1, 2016 to May 31, 2017. (See attached Agreement)
 

Amigos Del Valle, Inc.	Children's Advocacy Center
Boys & Girls Club of Alamo, Inc.	Easter Seals RGV
CASA of Hidalgo County, Inc.	Food Bank of RGV

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

Requesting approval of a program amendment for the City of Edcouch FY’s 26 & 27 (2013 & 2014) work plans. The amendment will add new streets and the following scope of work: the overlay/reconstruction of streets including but not limited to adjacent/abutting streets within the same general vicinity.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously

1. Consideration and approval of a construction contract change order for the General Land Office (GLO) Contract No. 12-406-000-6453 for the Delta Area Connector East Lateral Project. The Change Order will increase the current construction contract with Saenz Brothers Construction, LLC in the amount of $115,499.40.

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

Mrs. Serna informed that the changes were due to the 36 inch irrigation line that was not identify in the plans.

2. Consideration and approval to authorize the County Judge to sign any and all documents associated with Change Orders and/or Amendments pertaining to GLO Contract No. 12-406-000-6453.

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

Urban County Program on behalf of the City of Penitas is requesting approval of Amendment No. 1 to the Professional Engineering Services Contract with South Texas Infrastructure Group, LLC- Mission, Texas for the 2014 Penitas Street Improvement Project.

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

Vote: 4 - 0 – Unanimously

Reimbursement of Financial Guarantee
Anali Subdivision – Pct. 3

Mr. Arredondo notified that the reimbursement of financial grantee was of $24,000

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

Requesting approval of Amendment No. 1 to the Interlocal Cooperation Agreement with the City of McAllen approved by CC 12/15/15 (AI#52366).  The amendment will increase the estimated project cost and increase the City's contribution.

Commissioner Cuellar joined the meeting.

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

Vote: 5 - 0 -Unanimously

Vendor	Invoice No.	Amount
Ergon Asphalt and Emulsions, Inc.	9401430551	$5187.18
Ergon Asphalt and Emulsions, Inc.	9401486721	$5994.30
Ergon Asphalt and Emulsions, Inc.	9401427870	$6372.82
Ergon Asphalt and Emulsions, Inc.	9401486704	$-6372.82 Credit

Consideration and approval of Imposition of Optional Fees for Calendar Year 2017 in accordance with Texas Transportation Code §502.401 - 502.403 (Option A:  No Change-Hidalgo County will charge the same fees in 2017). 

Mr. Sergio Cruz requested making no changes and keep the same charges currently in effect.
He informed that that those fees are $10.00 for Road and Bridge Fee and $10.00 Transportation Project Fee.

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

1. Discussion, consideration, and acceptance of the Project Worksheets and the Texas Division of Emergency Management (TDEM) Public Assistance subgrant award (including all terms and conditions), with authority for the County Judge to sign all required documents, for FEMA Public Assistance Grant 4245, Severe Storms, October 2015 flooding event for the following FEMA Project Numbers:
 

FEMA Project Number	Category	Total Subgrant Award
PA-06-TX-4245-PW-00090	C	$2,058,573.27
PA-06-TX-4245-PW-00150	C	$632,704.58
PA-06-TX-4245-PW-00174	B	$88,407.58
PA-06-TX-4245-PW-00176	C	$1,255,364.69

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

Vote: 5 - 0 - Unanimously

2. Approval of Certification of Revenues as certified by the County Auditor for the FEMA Category C reimbursements in the amount of $2,959,981.91.

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

Vote: 5 - 0 - Unanimously

3. Approval of appropriation of funds to Designated Purpose Funds (1280) for Category C Road repairs in the amount of $2,959,981.91. 

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

4. Discussion, consideration, approval of Order Authorizing an Emergency Appropriation to the Hidalgo County Fiscal Year 2016 Budget for Payment for emergency expenditures as per Local Government Code Section 111.070.

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

5. Approval of appropriation of funds from General Fund-Unassigned Fund Balance and interfund transfer to Designated Purpose Funds (1280) for Category C Road repairs in the amount of $986,660.63 as per Texas Local Government Code 111.070 to address emergency expenditures related to the October 2015 flooding event,  Severe Storms DR-4245.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Title VI/Nondiscrimination:
1. Discussion, consideration, and approval to adopt the Hidalgo County Title VI/Nondiscrimination Policy Statement.

Mr. Cruz informed that this is being done to be in accordance with TxDOT Title VI program.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 

2. Discussion, consideration and approval to adopt the U.S. Department of Transportation (DOT) Standard Title VI Assurances to establish full and affirmative compliance with the Title VI of the Civil Rights Act of 1964 and other nondiscrimination authorities.

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

Pct 4 - Alberta Drain (1200):
Approval of 2016 appropriation of funds from the R&B unreserved fund balance for Pct 4 - Alberta Drain in the amount of $57,152.00 to fund Construction Material Testing/GEO Technical Services.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                              
 Vote: 5 - 0 - Unanimously

CO 2016 (1350):
Approval of 2016 appropriation of funds in the amount of $39,959,000.00 from proceeds received from Certificate of Obligation, Series 2016.

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

Vote: 5 - 0 -Unanimously

A) Work Authorization No. 10 - Colonia Del Noreste project in the amount of $36,426.25 thru requisition # ______;

B) Work Authorization No. 11 - Nittler Road (FM 493 - FM 88) project in the amount of $44,742.50 thru requisition# ______;

C) Work Authorization No. 12 - Mile 9 Road (Mile 1E - Mile 3E) project in the amount of $35,295.50 thru requisition# ______.

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 A to C.

Vote: 5 - 0 - Unanimously

Pending/potential litigation - Edinburg Municipal Airport & City of Edinburg Property

Court took no action on this item.

Civil No. 15-cv-435; Gregorio Trevino, Jr v Hidalgo County et,al and Civil No. 7:15-cv-477; Pedro Garcia, Jr. v Hidalgo County et al

Court took no action on this item.

Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Turquois - Tax Abatement.

Court took no action on this item.

Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Call Center - Tax Abatement.

Court took no action on this item.

Pending/potential litigation - Edinburg Municipal Airport & City of Edinburg Property

Court will proceed as directed.

Civil No. 15-cv-435; Gregorio Trevino, Jr v Hidalgo County et,al and Civil No. 7:15-cv-477; Pedro Garcia, Jr. v Hidalgo County et al

Mr. Guerra informed that these two cases have been combined by court order. He requested taking formal action for a new letter of engagement to have Atlas Hall & Rodriguez continue representation under new case no. 15-cv-435 Gregorio Treviño, Jr. v Hidalgo County et, al.

Refer back to Item.24.A and B.

Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Turquois - Tax Abatement.

Court will proceed as directed.

Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Call Center - Tax Abatement.

Court will proceed as directed.

Court proceed back to Item.19.A.2.