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Minutes for CC - REGULAR

SPECIAL MEETING - September 11, 2018

BE IT REMEMBERED, that on this 11th day of September A.D., 2018, 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 DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
September 11, 2018
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 in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

 
1.
 
Roll Call

Judge Ramon Garcia called the meeting to order at 9:52 a.m.

All members of the court were in attendance.
 
2.
 
Pledge of Allegiance

The court recited the Pledge of Allegiance.
 
3.
 
Prayer

Opening prayer offered by Julia Sullivan.

The court joined together in a moment of silence honoring all the victims and heroes of the 911 terrorist attacks.

Court proceeded to Item.9.B.
 
4.
 
Approval of Consent Agenda

The court moved to approve the consent agenda with the exception of Items.8.B. and 8.C. to be pulled for discussion.
 
5.
 
County Judge's Office:
 
A.
AI-66277
Consideration and approval of a Proclamation Declaring September as Hunger Action Month.

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

Omar I. Rodriguez, Food Bank RGV Manager of Communications and Advocacy thanked the court for their support. According to Rodriguez, based on the survey conducted, valley residents main priority is to have access to nutrient food. Currently, they are working together with local and state organiations to provide and ensure food for residents in need. 
 
6.
 
District Attorney's Office:
 
A.
AI-66398
Discussion, consideration and action to approve the Memorandum of Understanding between the United States International Boundary and Water Commission and the Hidalgo County District Attorney's Office, with authorization for District Attorney Ricardo Rodriguez Jr. to execute the MOU.

Commissioners Cantu and Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
7.
 
District Clerk - Laura Hinojosa:
 
A.
AI-66314
As suggested by County Auditor, the District Clerk is closing the Child Support Bank Account.  Indemnification is being asked for stale accounts dating from 1990 to 2008.


Cash Shortage           $     391.80           Activity  1998 - 2001
NSF Checks               $11,630.39           Activity  1990 - 2008
Over Disbursements  $  5,432.19           Activity  1990 - 2007
Total                           $17,454.38

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 3 - 0 - Unanimously
Attachments:
 
8.
 
Sheriff's Office:
 
A.
AI-66459
Approval of Sheriff/Constable Fee Schedule for Year 2019.

No action taken on this item.
Attachments:
 
B.
AI-66389
Discussion, Consideration and Action to approve the Memorandum of Understanding between the United States International Boundary and Water Commission and the Hidalgo County Sheriff's Office, with authorization for the Sheriff J.E. "Eddie" Guerra to execute the MOU.



On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously
Attachments:
 
C.
AI-66506
Discussion, Consideration and Approval to appoint Noe N. Garcia, student at University of Texas at Rio Grande Valley as an intern under the Hidalgo County Sheriff's Office Law Enforcement Internship Program for the period of September 2018 to December 31, 2018.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 3 - 0 – Unanimously

Court proceeded to Item.9.C
Attachments:
 
9.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects

Brian McIntyre informed that the design develpment phase is complete, as well as the early site package design. Also, the courtroom mock up has been signed by all judges. On the other hand, parking plan has been completed and City of Edinburg's permitting is currently in progres.

Looking ahead, Morganti will start mobilizing in September; Terracon will receive notice to proceed; Morganti is to submit structural plnas to City of Edinburg; HDR/ERO to begin final phase of design in September; 9/12/185 an update meeting with the design development steering committee; and the planned ground breaking ceremoney for October 12.

McIntyre advised that the reason for the snow fencing is for safety precaution due to the utility work already being conducted. Additioanlly, they're also working on conserving and transplanting the trees around the square as well as meticulosly removing all hitorical markers. Further, early site package is needed to situate and lock costs at current rates.

As stated by McIntyre, the early site package GMP is $8,950,855

It was furhter informed that the approved work site was just approved Friday.

Valde Guerra reported that the precinct 1 portable building is now operational and is receving payments for permits. Commissioner Fuentes added the building is located outside the constable's office and the building will provide customer service there as well.

Commissioner Palacios joined the meeting.

2) Emergency situations occurring since last agenda meeting

Ricardo Saldaña said they're currently dealing with the local weather event, on Sunday, the south side of Mission, McAllen and Hidalgo reported over 6 inches of rain. This morning the north west of Alton in precinct 3 and also precicnt 4 recevied a significant impact of over 6 inches of rain as well. All precincts and all drainage districts have identified impacted areas, precicnts 1 and 2 deployed some of their resources to aid precinct 3. Additionally, CSA and the American Red Cross are also on stand by.

Guerra recognized that all precincts have been working diligently to bring awareness to illegal dumping. He also said they have been monitoring the courthouse very closely with respect to any impact that may affect actitivies.

Court proceeded to Item.9.D
 
B.
AI-66322
Recognition from UTRGV President Guy Bailey and Dean of the School of Medicine Dr. John H. Krouse for the County of Hidalgo's continued support and partnerships for the Medical School.

Veronica Gonzales, UTRGV vice president for governmental and community relations thanked the entire court for their support and partnership. 

The University of Texas Rio Grande Valley President Guy Bailey, credited the county for the establishment of the new medical school. Dr. Bailey accredited the county for the significant impact its dedication and support has provided to all students, as well as a positive impact to the trajectory and ranked of the university nation wide.  

The University of Texas Rio Grande Valley School of Medicine’s Dean, Dr. John Krouse, thanked the court and all county residents for their continuous support.

Judge Garcia welcomed medical students and said "they are the future of our county". The judge recollected how a lot of people got together to discuss the idea of having a medical school that could compare to  cities like San Antonio, now they are hopeful it will. 

Commissioner Palacios said this has been an honor as he is a product of the university. 

Court proceeded back to Item.4
Attachments:
 
C.
AI-66565
Status Update - Translation Services

Commissioner Cantu joined the meeting.

Valde Guerra informed that they began providing Spanish agendas for drainage district and regula commissioners court meeting. The county website offers translation into Spanish, in addion they're working on having audio translation of meetings. 

Commissioner Fuentes questioned if it was possible to have an employee translate during the meeting. On that note, Guerra said that they could explore that possibility so as long as the individual is certified.

Court proceeded back to Item.9.A.
 
D.
AI-66536
Colonia Access Program:
Discussion and approval of request to extend Funding Agreement for Border Colonia Access Program 3rd Call.  The request seeks an extension to the Agreement by ten months.

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

Vote: 5 - 0 – Unanimously
Attachments:
 
E.
AI-66566
Discussion, consideration and action authorizing the recycling of metal plates, ballasts, HVAC units, HVAC freon containers, scrap pipes, expanded metal and various scrap parts including but not limited to lighting, fencing, gates, hinges, and welding projects, car parts, batteries, water heaters, water fountains, water valves and chiller parts.

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
 
F.
AI-66481
Approval to accept settlement check from State Farm Insurance Company in the amount of $1,053.00 to settle auto accident claim with County vehicle. (Sheriff Office)

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

Vote: 5 - 0 – Unanimously
 
10.
 
Human Resources:
 
A.
 
Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed

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
 
B.
AI-66362
Classification and Compensation Plan
Approval to revise Section 8.02 of the Classification and Compensation Plan relating to probationary employees.

No action taken on this item.
Attachments:
 
C.
AI-66558
Pct. 4 Drainage Improvements Project (1200):
Approval of the following personnel actions effective next full pay period 09/17/2018:
Action Dept./Prg. Slot # Position Title Grade/Step
Delete 124-036 0020 Truck Driver III G07/S01
Delete 124-036 0028 Truck Driver III G07/S01

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
D.
AI-66564
WIC Adm (1292):
Approval of the following personnel actions effective 10/01/2018:
Action Dept./Prg. Slot # Position Title Grade/Step
Delete 350-001 0075 Clerk IV G07/S01
Delete 350-001 0097 Clerk I G01/S08
Delete 350-001 0179 Clinic Aide I G01/S08
Delete 350-001 0181 Clinic Aide I G01/S08
Delete 350-001 0260 Clerk I G01/S08

Commisioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                        
 Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI-66573
Facilities Management (1100):
Approval of the following personnel actions, effective next full pay period of 9/17/2018:
Action Dept./Prg. Slot # Position Title Grade/Step
Create 220-001 0122 Maintenance I G03/S04

Raul Silguero noted this item is subject to funding. 

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

Vote: 4 - 0 – Unanimously
Attachments:
 
11.
 
Urban County:
 
A.
AI-66424
1. Hold a Public Hearing to consider public comments for Hidalgo County Precinct’s No. 1 and No. 2 proposed substantial budget and program amendments for Fiscal Years 27, 28, 29 & 30 (2014, 2015, 2016 & 2017) to the work plans.  The proposed amendment will delete the Senior Community and Foster Grandparent Program (subrecipients) under each precinct, due to non acceptance of grant funding and reallocate funds into existing activities. The amendment will also decrease, increase, delete and create activities with new scopes of work for the Street Improvements and Parks, Recreational Facilities (Hidalgo and San Juan).

Commissioner Flores joined the meeting and Commissioner Palacios stepped away.

Judge Garcia opened the public hearing.

Fern McClaugherty seek further explanation for the action. 

Diana Serna informed that this is money left from an activity that was already funded. This was a surplus that is now being reprogramed into different activities. 

Martha Sanchez said they are looking for money to assist with the infrasctructure for new colonias and other projects. 

Laura Guerra remarked the importance of distributing money where needed.

Commissioner Flores stepped away from the meeting.

Judge Garcia closed the public hearing. 

2. Requesting approval of the substantial budget and program amendment for Hidalgo County Precinct’s No. 1 and No. 2, for Fiscal Years 27, 28, 29 & 30 (2014, 2015, 2016 & 2017) work plans.   

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 -Unanimously
Attachments:
 
B.
AI-66394
1.  Hold a Public Hearing to consider public comments for Hidalgo County Precinct No. 3 & Hidalgo County Precinct No. 4’s proposed budget and program amendment for fiscal years 27, 28, 29 & 30 (2014, 2015, 2016 & 2017). 

Judge Garcia opened the public hearing.

Serna explained that this money also comes from a surplus project, the proposed amendment will add new street listing for the street improvements projects for each prespective year, as well as a budget transfer of $15,000.00 from the deleted senior services line item and $17,417.00 from the Palmhurts recaptured street improvement funds.  The existing 2017 street line item has a total of $402,162.67 and will add a new street improvement project. 

No public comments.

Judge Garcia closed the public hearing.


2.  Requesting approval of a budget and program amendment for Hidalgo County Precinct No. 3 & Hidalgo County Precinct No. 4 for fiscal years 27, 28, 29 & 30. (2014, 2015, 2016 & 2017).  Amendments will add Street Improvement Projects  and delete canceled Senior Service line items.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                                        
 Vote: 4 - 0 – Unanimously
 
C.
AI-66567
1. Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for professional engineering services.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously

2. Presentation of the scoring grid for the purpose of ranking by Commissioner’s Court of at least three (3) professional engineering services firms from the county’s approved “pool” as graded and evaluated by the City of Weslaco, Urban County Program and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Year 30 (2017) City of Weslaco – Water/Sewer Improvement funds.            
Professional Service Firm Grade Ranked
L & G Consulting Engineers, Inc.  95% 1
Cruz-Hogan Consultants, Inc. 92.33% 2
Alpha Infrastructure Engineering, PLLC  14.33% 3

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. Authority to negotiate professional engineering services contract with the No. 1 ranked firm of L & G Consulting Engineers, Inc.  for the provision of professional engineering services for an Urban County Program Year 30 (2017) City of Weslaco – Water/Sewer Improvements project.

Commissioner Palacios joined the meeting.

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

Vote: 5 - 0 - Unanimously
Attachments:
 
D.
AI-66492
The Urban County Program is requesting approval of a budget & program amendment for the City of Sullivan City.  The proposed amendment is for the Fiscal Years 25, 27, 28 & 29 (2012, 2014,  2015 & 2016) Work Plans. 

Serna advised that this will be added to the existing 2017 flood drainage improvements project to El Faro Rd. and the existing funding will be added to the 2016 El Pinto Rd. 

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

Vote: 5 - 0 - Unanimously
 
E.
AI-66453
 "Subject to Compliance with HB 1295, when and if Applicable." The Urban County Program is requesting the award of bids and the approval of contracts with R G Enterprises, LLC, dba G & G Contractors for the demolition and reconstruction of the following:
(2) Units in the Countywide area, (1) unit in the City of Hidalgo, (1) unit in the City of Sullivan City and (1) unit in the City of Progreso in the total contract amount of $276,600.00 to R G Enterprises, LLC, dba G & G Contractors

Serna explained to the court that these are single family owner occupied housing units, they're doing rehabilitation to one of the units and reconstruction to the remaining. Commissioner Cantu stated that they have had a lot issues with this company county wide. Serna disclosed that the other bid was disqualified because they put a different amount on the bid versus what they presented. In relation, Serna informed that when they've had issues the contractor has always come to fix the problem. 

Commissioner Fuentes stepped away from the meeting.

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

Vote: 4 - 0 - Unanimously
 
F.
AI-66450
The Urban County Program is requesting approval of Amendment No.1 to the Professional Service Agreement with Urban Infrastructure Group Inc. The original contract amount was $24,500.00 and will be increased by $5,500.00, for a total contract amount of $30,000.00,  utilizing CDBG FY 30 (2017) Sullivan City Flood Drainage Improvement funds.

Steve Crain advised this item should be subject to the payment bond.

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 subject to payment bond. 

Vote: 4 - 0 - Unanimously
 
G.
AI-66523
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 31 (2018) retroactively effective July 1, 2018 to May 31, 2019.  (See attached Agreement)
Amigos Del Valle Children's Advocacy Center Women Together Foundation, Inc
Boys & Girls Club of Pharr Easter Seals RGV Nuestra Clinica del Valle
Boys & Girls club of Edinburg El Milagro Clinic Open Hands
C.A.M.P. University FOOD Bank RGV Safe Haven for Hope
CASA of Hidalgo County HOPE Family Health Center LRGVDC Valley Metro Transportation

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
 
H.
AI-66423
Request approval to reject bids received for the 2017 La Joya Street Improvements Project. Bid No. 505017-40-0311-5000-4000-UCP-GVG.

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
Attachments:
 
12.
 
Health & Human Services Department:
 
A.
 
Health Care Funding District:
 
1.
 
Discussion and/or action, including but not limited to Health Care Funding District and/or Expenditures

No action taken on this item.
 
B.
 
Indigent Health Care Program:
 
1.
 
Discussion and/or action, including but not limited to Indigent Health Care Program and 1115 Waiver and/or Expenditures

No action taken on this item.
 
13.
 
WIC:
 
A.
AI-66381
WIC ADMIN-Program 001-(1292):
1. Requesting approval to accept the Health and Human Services Contract No.
2017-049851-001 Amendment No.2 in the amount $11,924,881.00 for the
contract period of October 1, 2018 through September 30, 2019.

Commisioner Fuentes joined the meeting.

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

Vote: 5 - 0 - Unanimously

2. Requesting approval for County Judge to DocuSign the Signature Page for
Amendment No.2 HHSC Contract No.2017-049851-001.

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

Vote: 5 - 0 - Unanimously

3. Requesting for County Judge to DocuSign Fiscal Federal Funding Accountability
and Transparency Act (FFATA) Certification.

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

4.Requesting approval of the Certification of Revenue in the amount of $9,500,000.00
as approved by the County Auditor for the WIC Admin Grant.

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

Vote: 5 - 0 - Unanimously

5. Requesting approval of the Budget Appropriation in the amount of $9,500,000.00 for
the FY 2019 WIC Admin Grant.

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

Vote: 5 - 0 - Unanimously

Court recessed at 11:00 a.m.

Court reconvened at 11:01 a.m.


WIC BF-Program 002-(1292):
1. Approval of Certification of Revenues in the amount of $821,302.00 as certified
by the County Auditor for the FY 2019 BF Peer Counselor Program Grant.

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

2. Approval of appropriation of funds in the amount of $821,302.00 for the FY 2019
BF Peer Counselor Program Grant.

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

WIC Registered Dietician-Program 012-(1292):
1. Approval of Certification of Revenues in the amount of $60,000.00 as certified by
the County Auditor for the FY 2019 Registered Dietician Program Grant.

Judge Garcia stepped away from the meeting.

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

Vote: 4 - 0 - Unanimously

2. Approval of appropriation of funds in the $60,000.00  for the FY 2019 Registered Dietitian Grant.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously 

WIC Lactation Service Center-Program 017-(1292):
1. Approval of Certification of Revenues in the amount of $289,000.00 as certified by the
County Auditor for the FY 2019 WIC Lactation Service Center

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously

2. Approval of appropriation of funds in the amount of $289,000.00 for the FY 2019 WIC
Lactation Service Center Grant.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
 
B.
AI-66494
WIC- Lactation Services -013 (1292):
Approval to de-obligate a total of $50,500.00 from the Lactation Services Grant, as per the WIC State Agency's request to fund other agencies in need of additional funds.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
14.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-66512
Pct. 1 is requesting approval to accept the counter offer to purchase a tract of land known as Parcel No. 61 associated with the Mile 6 W Road Improvement Project (CSJ# 0921-02-356) with authority for the County Judge to sign the Administrative Evaluation and Approval Form.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 4 - 0 - Unanimously
Attachments:
 
B.
AI-66511
Pct. 1 is requesting approval to accept the counteroffer to purchase a tract of land known as Parcel No. 19 associated with the Mile 6 W Road Improvement Project (CSJ# 0921-02-356) with authority for the County Judge to sign the Administrative Evaluation and Approval Form.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
15.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-66555
1. Acceptance and approval of an Interlocal Cooperation Agreement between the County of Hidalgo and the City of McAllen for road reconstruction improvement project of Mile 17 1/2 (Russell Road) from the intersection of Depot Road east for approximately 0.25 miles within the jurisdiction of McAllen and from approximately 0.25 miles east of Depot Road to Mon Mack Road for an approximate distance of 1.25 miles is within the jurisdiction of the County.

2. In accordance with Texas Government Code §791.014, Hidalgo County, Texas, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project whereby McAllen and County desire to jointly undertake a road improvement project consisting of roadway reconstruction, being 1.5 miles, within the jurisdiction of McAllen and County on Mile 17 ½ (Russell Road) commencing at Depot Road and terminating at Mon Mack Road, through an Interlocal Cooperation Agreement to be entered into among Hidalgo County and City of McAllen, Texas.

Commissioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on 1 and 2.

Vote: 3 - 0 - Unanimously
 
16.
 
Budget & Management:
 
A.
AI-66522
1. Consider and approve an order authorizing issuance, sale and delivery Hidalgo County, Texas Certificates of Obligation, Series 2018A; delegating certain authority to the County Judge and the County Executive Officer; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County’s parks as authorized pursuant to chapter 320, local government code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto.

Commissioner Flores joined the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously

2. Consider and approve an order authorizing issuance, sale and delivery Hidalgo County, Texas Certificates of Obligation, Series 2018B; delegating certain authority to the County Judge and the County Executive Officer; payable from the levy of a direct and continuing annual ad valorem tax within the limits prescribed by law and a limited pledge (never to exceed $1000) from the surplus net revenues from the operation of the County’s parks as authorized pursuant to chapter 320, local government code; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; authorizing the use of an official statement to be used in connection with the sale of the certificates; and making other provisions regarding such certificates and matters incident thereto.



On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously

3. Consider and approve an order authorizing the issuance, sale and delivery of Hidalgo County, Texas Limited Tax Refunding Bonds, Taxable Series 2018C; delegating certain authority to the county judge and the county executive officer; levying a continuing direct annual ad valorem tax; authorizing the refunding of certain outstanding obligations for the purpose of restructuring the county’s debt; authorizing the execution of a bond purchase contract; approving an official statement, execution of an escrow and trust agreement, and making other provisions regarding such bonds and matters incident thereto.

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

Sergio Cruz informed that all these three items are for the sale of bonds for the courthouse and the other county projects and restructuring debt. Bonds will be selling next weeek. 
Attachments:
 
B.
AI-66524
Approval of cost of issuance budget for Certificates of Obligation, Series 2018A, Certificates of Obligation, Series 2018B, and Limited Tax Refunding Bonds, Taxable Series 2018C.

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

Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI-66498
Discussion, consideration and approval to set FY 2019 Health Insurance Plan Premiums. 

Cruz said they're looking into a 7% increase across the board for all th eplan premious for the next fiscal year. 

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: 3 - 0 - Unanimously

Commissioner David L. Fuentes abstained from any discussions or actions regarding this item.
 
D.
AI-66479
Approval of medical coverage for the temporary employee listed below as per the Affordable Care Act (ACA) IRS Code Section 4980H - Shared responsibility for employers regarding health insurance.  
1. E#161446 effective 10/1/18

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: 3 - 0 - Unanimously

Commissioner David L. Fuentes abstained from any discussions or actions regarding this item.
 
E.
AI-66575
Discussion, consideration and action approving the inclusion of cost reimbursement for overtime payroll costs incurred by county for regular full time county employees who work during contracted elections with entities; item to be included as a shared cost on each election contract.

Sergio Cruz advised that they are looking into sharing the cost with those entities as it is a process of conducting the elections. The estimated cost impact for those entities would be about $2,600 per election.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

Commissioner Fuentes noted that it is important to relate to the public that the county does not profit from this, it is strictly to cover costs incurred by the county. On that note, Cruz said they'll make sure to state it on the proper invoces. 
 
F.
AI-66578
Pct. 4 Road Maintenance (1100):
1. Approval of the following personnel actions, effective next full pay period 09/17/2018:
Action Dept./Prg. Slot # Position Title Current Grade/Step Proposed Grade/Step
Step Adjustment 124-007 0031 Maintenance II G05/S01 G05/S03
Step Adjustment 124-007 0081 Equipment Operator II G07/S01 G07/S02

Cruz informed that employees are moving from one program to another, however, the program they're moving into is budgeted at a lower step therefore all they're doing is keeping those employees at the same step. 



On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously

2. Approval of transfer.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
Attachments:
 
17.
 
Purchasing Department - 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 FORWARDED 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-66402
Requesting authority to advertise for Abandoned and Unclaimed on behalf of the listed requestors herein and below as set forth under Texas Code of Criminal Procedure Article 18.17 for items noted/identified on Exhibits "A" & "B" respectively attached hereto including, but not limited to the following:

A.  Texas Department of Public Safety; and,
B.  Hidalgo County Sheriff's Office.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval on A and B.
                                                                              
 Vote: 4 - 0 – Unanimously
 
B.
 
Pct. 1
 
1.
AI-66580
Discussion and action on the second amendment to the current interlocal cooperation agreement between Hidalgo County and the City of Weslaco for office space for the housing of Pct. #1 staff to now include the expense of custodial services in the additional amount of $183.00 per month [based on the occupied sq. ftg. & the rate county currently pays for contracted custodial services].

Salazar advised to approve item subject to funding.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to funding.
                                                                              
 Vote: 4 - 0 – Unanimously
 
2.
AI-65906
Requesting approval of Work Authorization No. 1 in the amount of $79,430.00 for Contract No. C-18-197-07-31 for Professional Engineering Services for General Management, Coordination, Road Infrastructure Assessment and Report Compilation-Phase 1 for Precinct No. 1. 

Martha Salazar stated this item to be subject to the department of budget and management addressing the budgeting source. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval ubject to the department of budget and management addressing the budgeting source. 
                                                                              
 Vote: 4 - 0 – Unanimously
 
C.
 
Pct. 2
 
1.
AI-66569
Requesting authority to advertise with approval of procurement packet (subject to TxDOT approval of the RFB) for: "Regional Linear Park Project-Section 2 (from Ridge Road to Hall Acres Road)" in Hidalgo County Precinct No. 2, RFB No.2018-199-10-24-RFV, including re-advertisement of project when/if necessary or required. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval subject to TxDOT approval of the RFB.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
2.
AI-66559
Requesting approval for Hidalgo County Auditor to process and issue check(s) in the amount of $1,500.00 prior to services being rendered pursuant to Architectural Barriers Administrative Rules 68.80(g) to Mr. Anthony Covacevich- Registered Accessibility Specialist-designated by Texas Department of Licensing and Regulation in order to permit the processing of: the Project Filing-Plan Review and Inspection for the "Pct 2 Regional Linear Park Project-Phase II" for compliance with ABA rule 68.50(a)(c).

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
 
Pct. 3
 
1.
AI-66579
Requesting approval of Supplemental Agreement No. 2 of current contract [C-12-246-10-16] with L&G Consulting Engineers, professional services for, "Tom Gill/Liberty Road (from US Expressway 83 to FM 2221),"  for Precinct No. 3, to extend termination date to October 16, 2020.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                               
 Vote: 4 - 0 – Unanimously
Attachments:
 
E.
 
Sheriff's Office
 
1.
AI-66469
Presentation of a claim for the amount short paid of $780.00 to Dr. Ivan Melendez, MD on May 2018 invoice of $3,900.00/per month as indicated on Exhibit B of contract

No action taken on this item as a solution was found. 
 
F.
 
District Attorney
 
1.
AI-66553
Requesting approval to purchase one (1) 2018 Ford Taurus through the County's cooperative membership/participation with GoodBuy, contract #18-18 8F000 in the amount of $22,634.00 through requisition 378587:

Martha Salazar adivsed that this is going to be a reinbursment expense through a grant but grant has not been received. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                               
 Vote: 4 - 0 – Unanimously
 
G.
 
Co. Wide
 
1.
AI-66368
Approval for Hidalgo County to enter into the ILA [at no fee/cost to HC] with  Education Service Center, Region 19 Allied States Cooperative Purchasing Program so as to utilize as an additional procurement resource for purchases on an "AS NEEDED BASIS"  [with authority for County Judge to execute] for use by all  HC elected offices, departments, agencies and/or programs through all applicable funding sources. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.
                                               
 Vote: 4 - 0 – Unanimously
 
18.
 
Open Forum

Commissioner Palacios stepped away from the meeting.
  • Fern McClaugherty invited the public to a meet and greet for candidates of both parties on October 10, 2018 at 7:00 p.m. in the commissioners courtroom. According to McClaugherty, they hope to discuss important issues such a poverty whithout having to chose a party.
Commissioner Palacios joined the meeting.
Attachments:
 
19.
 
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, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

No action taken on this item.
 
B.
 
Pending and/or potential litigation

No action taken on this item.
 
C.
AI-66504
Civil Action No. 7:18-cv-00265; Roberto Leal, et al v. Homero Jasso, in his individual and official capacities as J.P. of Hidalgo Co. & Hidalgo County

No action taken on this item.
 
D.
AI-66529
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Moonrise. 

No action taken on this item.
 
20.
 
A. 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. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

B. Engagement with the firm of Torres & Flroes for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295) in reference to Open Session Item.21.C.

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

Vote: 5 - 0 – Unanimously
 
21.
 
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-66505
Civil Action No. 7:18-cv-00265; Roberto Leal, et al v. Homero Jasso, in his individual and official capacities as J.P. of Hidalgo Co. & Hidalgo County

Valde Guerra informed that an action was previously taken for this item, however, due to an issue they are now selecting a differnt firm. 

Refer to Item.20.A. and B.
 
D.
AI-66530
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Moonrise.

No action taken on this item.

Commissioner Flores stepped away from the meeting.
 
22.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
23.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
24.
 
Adjourn

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, 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 11th day of September, 2018

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on September, 2018.

Signed this 11th day of SEPTEMBER 2018




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


By: ____________________________
(Seal) Norma G. Cantu, Deputy