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Minutes for CC - REGULAR

SPECIAL MEETING - January 9, 2019

BE IT REMEMBERED, that on this 9th day of January A.D., 2019, 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 RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE ELLIE TORRES
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
January 9, 2019
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 Richard Cortez called the meeting to order at 10:14 a.m.

All members of the court were present during the meeting.
 
2.
 
Pledge of Allegiance

The court recited the Pledge of Allegiance.
 
3.
 
Prayer

Opening prayer offered by Julia Sullivan.
 
4.
 
Approval of Consent Agenda

The court moved to approve the consent agenda with the exception of Items.11.B., 13.A.1 & 2., & 13.B. & C. to be pulled for discussion.

Court proceeded to Item.6.A.
 
5.
 
District Clerk:
 
A.
AI-68369
Requesting approval to apply for a grant from the Texas Bar Foundation regarding records preservation

Laura Hinojosa Hidalgo District Clerk presented a prehistoric book dated from 1922 to 1923 and said that the statutes changed a couple of years ago, which now indicates that anything from 1950 back as historical and can't be destroyed. Hence, the district clerk's office is in need of money to help preserved and protect these historical documents. 

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

Vote: 5 - 0 - Unanimously

Court proceeded to Item.9.A.
 
6.
 
County Clerk's Office - Arturo Guajardo, Jr.:
 
A.
AI-68284
Requesting approval of 2019 Elected Officials Bonds:
  OFFICIAL NAME OFFICE
1 Arnoldo Cantu Judge-County Court at Law #5
2 Jaime J. Palacios Judge-County Court at Law #2
3 Albert Garcia Judge-County Court at Law #6
4 Daniel Marichalar Constable Pct. #5

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on 1 to 4.

 Vote: 5 - 0 - Unanimously
 
7.
 
Sheriff's Office:
 
A.
AI-68291
Sheriff's Office OCDETF (1284):
1. Approval of Certification of Revenues as certified by the County Auditor for the OCDETF OT funding.

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: 5 - 0 – Unanimously

2. Approval to appropriate OCDETF OT funds in the amount of $1,258.98 (in reference to Investigation Number SW-TXS-1048H).

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
Attachments:
 
8.
 
Constable Pct. #4:
 
A.
AI-68285
Discussion, consideration, and approval to appoint Cesar Perales as Reserve Deputy Constable by Constable A. "J.R." Gaitan, Constable Precinct 4 in accordance with Texas Local Government Code Section 86.012.

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

Vote: 5 - 0 - Unanimously

The court proceeded to Item.16.A.
 
9.
 
Constable Pct. #5:
 
A.
AI-68346
Discussion, consideration, and approval to appoint Jorge Arce as a Deputy Constable by Constable Daniel Marichalar, Constable Pct 5, in accordance with Texas Local Government Code Section 86.011.

Valde Guerra informed the judge that this code section indicates that there are funds allocated for this position. 

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

Vote: 5 - 0 - Unanimously
Attachments:
 
10.
 
Tax Office - Paul Villarreal:
 
A.
AI-68270
1. Discussion and approval of a third amendment to the Full Service Deputy Contract by and between Hidalgo County and BridgePoint Insurance Agency & Permit Center, LLC subject to the Full Service Deputy providing surety bonds in the amount of $100,000 per location and final legal review. 

Judge Cortez inquired if there was a committee for this item. With regards, Santos Castilleja said they work with legal to ensure the contract is in accordance. 

Commissioner Cantu stepped away from the meeting.

The judge asked if they select someone to buy the bonds. Seteve Cran, explained that if businesses want to provide this service, then the statute provides bonds payable to the county for their owning of the registration documents.

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

Vote: 4 - 0 - Unanimously

2. Discussion and approval of Attachment D RTS Workstation Lease Agreement for the use of State of Texas Automation Equipment by and between the Texas Department of Motor Vehicles and the County of Hidalgo. 

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
 
11.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting

No updates or emergency situations presented.
 
B.
AI-68372
Discussion, consideration and action on name change designation of authorized official for all grants (including egrants) designating Richard F. Cortez, County Judge and submittal of all necessary correspondence to agencies confirming same

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

Vote: 4 - 0 – Unanimously
 
C.
AI-68371
Pursuant to Article §81.005(a) (Terms of the Court Meeting) of the Texas Local Government Code, consideration and entering of an Order into the minutes the designation of the day of the week and week of the month of Hidalgo County Commissioners Court Regular Term Meeting Tex. Loc Gov. Code ORDER OF THE COURT:
HIDALGO COUNTY COMMISSIONERS COURT
Week of the Month: 4th week
Day of the Week: Tuesday
Time of the Day: 1:30 p.m. for the calendar year of 2019

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
 
D.
AI-68063
Requesting permission by Museum of South Texas History to use county parking lots near the museum for visitor parking for the following events:
EVENT DATE TIME
Pioneer & Ranching Crafts Day Saturday, Feb. 16th 8am to 5pm
Summer Nights at the Museum Thursdays, June 13 & 27 / July 11  7pm to 9pm
Fandango! Saturday, Oct. 5th 5:30 pm to 11pm
Dia de los Muertos Saturday, Nov. 2nd 4pm to 10pm
Fiesta De Noche Buena Sunday, Dec. 8th 1pm to 5pm

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

Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI-67970
Tropical Texas Behavioral Health (1100):
1. Approval of payment to Tropical Texas Behavioral Health for FY 2019 county allocation of required local match in the amount of $1,257,440.00 for HHSC Contract #529-17-0038-00036-A04 for MH & BH Services & Contract #529-18-0055-00001 - Amendment 1 for IDD Services, in accordance with Texas Health & Safety Code Section 534.066 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor.
(match percentage increased from 5% to 7.06% as determined by The Health and Human Services Commission)

Commissioner Cantu joined the meeting.

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: 5 - 0 – Unanimously

2. Approval of payment to Tropical Texas Behavioral Health for FY 2019 county allocation match in the amount of $248,109.00 for psychiatric emergency crisis services - HHSC Contract #529-17-0038-00036-A04 with authority for County Treasurer to issue check after review, audit, and processing procedures are completed by County Auditor.

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: 5 - 0 – Unanimously
Attachments:
 
F.
AI-68315
Approval to accept settlement check from GEICO Insurance Company in the amount of $2,899.09 to settle auto accident claim with County vehicle. (Health Department)

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: 5 - 0 - Unanimously
Attachments:
 
G.
AI-68316
1. Approval to accept settlement agreement offer from Pronto Insurance Agency in the amount of $8,500.00 to settle total loss auto accident claim with County vehicle. (Precinct 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: 5 - 0 – Unanimously

2. Approval to authorize Valde Guerra, County Executive Officer, to sign Power of Attorney forms for title purposes to settle total loss auto accident claim with Pronto Insurance Agency.

Valde Guerra noted that all proper documentation will filed.

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

Vote: 5 - 0 -Unanimously
 
12.
 
Human Resources:
 
A.
 
Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed

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: 5 - 0 - Unanimously
 
B.
AI-68368
Pct.4 Sanitation (1100)/Drainage Improvement Project (1200):
1.  Approval of the following personnel actions effective 1/01/2019:
 
Action Dept./Prg Slot Position Title G/S
Delete 124-001 0015 Sanitation Foreman 13/01
Create 124-036 0031 Supervisor III, Construction 13/03

Silguero informed that there is no change in salary or function, the court to approved Item.12.B.2. first. 

Vale Guerra informed of a participation form for Items. 12.C., 12.D., 12.E., and 12.F.

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: 5 - 0 – Unanimously

Court proceeded to Item.12.C.

2.  Approval to rescind action on AI-68019, Item 9 H.2.

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: 5 - 0 - Unanimously

Court proceeded to take action on 12.B.1.
Attachments:
 
C.
AI-68356
Nuisance Abatement Program (1100):
Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./ Prg. Slot # Current Position Title Current Grade/Step Proposed Position Title Proposed Grade/ Step
Reclassification 125-039 0004 Nuisance Abatement Specialist I G09S01 Program Coordinator I G10S01

Raul Silguero informed that all documents should be attached to the agenda, if not, any action would be subject to the submission of those forms. 

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 the submission of forms. 

Vote: 5 - 0 – Unanimously
 
D.
AI-68361
Various Departments (1100):
1. Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Delete 005-001 0003 Bailiff 10
Create 005-001 0006 Bailiff II (DC) 13
Delete 023-001 0006 Bailiff 10
Create 023-001 0008 Bailiff I (CC) 11
Delete 002-001 0003 Bailiff 10
Create 002-001 0005 Bailiff II (DC) 13

Silguero notified that the bailiff (1) position will only required a basic position and bailiff (2) will required an inter medium level certification.

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: 5 - 0 – Unanimously

2. Approval to revise the (CCP) Classified Positions List. 

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: 5 - 0 - Unanimously
 
E.
AI-67318
Jail Commissary (2102):
Approval of the following personnel actions, effective next full pay period 01/18/2019:
Action Dept./Prg. Slot # Position Title Proposed Salary
Delete 280-015 0009 Clerk III $27,599.00
Create 280-015 0019 Detention Officer $35,940.00

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-68264
449th District Court (1100):
Approval of the following personnel actions effective upon Commissioners' Court approval:
Action Dept./Prg. Slot # Position Title Current Allowance Amount Proposed Allowance Amount
Increase Interpreter Allowance 011-001 0004 Bailiff $2,500.00 $3,000.00

Guerra and Silguero noted that the supplement is not subject to staying with one particular individual and can be reassigned. 

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: 5 - 0 - Unanimously
 
G.
AI-68253
County Judge (1100):
Approval of the following personnel actions effective upon Commissioners' Court approval:
Action Dept./Prg. Slot # Position Title Grade
Delete 110-006 0029 Constituent Services Specialist I 11
Create 110-006 0041 Constituent Services Specialist IV 15

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
Attachments:
 
H.
AI-68038
Urban County - CDBG (1288):
Approval of the following personnel actions, effective next full pay period 01/18/2019:
Action Dept./Prg. Slot # Object Code Position Title Current Salary/ Allowance Proposed Salary/ Allowance
Increase Auto Allowance/ Add Supplemental Allowance 250-001 0004 113 Assistant Director- Urban County $78,704.00 $78,704.00
118 $3,600.00 $5,400.00
117 $0.00 $1,800.00

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
Attachments:
 
I.
AI-68350
Criminal District Attorney (1100) / DA CCP59 (1223) / DA Bond Forfeiture Commissions (1100):
Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./Prg. Slot # Position Title Current Grade/Step Proposed Grade/Step
Step Adjustment (Discretionary) 080-002 0101 Assistant District Attorney II G15/S02 G15/S03
080-007 0110
080-016 0013

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: 5 - 0 - Unanimously
Attachments:
 
J.
AI-68333
Criminal District Attorney:
1. Approval of the following personnel actions as per Exhibit A.

Raul Silguero informed he has been working the district attorney to convert all the attorneys and classified them correctly. The last item was the administrative assistants who served more as legal assistants to the attorneys. The list includes four executive assistants that were reclassified to legal assistants and 43 administrative assistants, 1 chief criminal investigator and 1 clerk.

According to Silguero, this should finish the classification for the district attorneys. 

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: 5 - 0 – Unanimously

2. Approval of appropriation of funds.

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: 5 - 0 – Unanimously
 
13.
 
Urban County:
 
A.
AI-68273
1.     Hold a Public Hearing to consider public comments on the revised Housing Guidelines and Needs Assessment for the contract (No. 18-419-000-B128) between the Hidalgo County Urban County Program (UCP) the Texas General Land Office (GLO).

No action taken on this item.
 
B.
AI-68275
1.     Subject to compliance with HB 1295, requesting approval of a best and final negotiated contract for professional services –Construction Material Testing Services with Raba-Kistner Consultants, Inc. in the amount of $7,984.24 utilizing CDBG FY 30 (2017) Granjeno Parks, Recreational Facility & Improvements Funding. 

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

Vote: 5 - 0 - Unanimously

2.     Approval of Work Authorization No. 1 for Raba Kistner Consultants, Inc. in the amount of $7,984.24.

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

Vote: 5 - 0 - Unanimously
 
C.
AI-68274
Request approval to reject bids received for the 2017 Palmview Parks, Recreational Facility Improvements Project. Bid No. 5017-55-0306-5000-5500-UCP-GVG.

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: 5 - 0 – Unanimously
 
D.
AI-68331
Requesting approval of a budget and program amendment for the City of Edcouch FY 31 (2018) work plans.

The city is relocating funding from other several projects into their parks and recreational facility line item.

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

Vote: 5 - 0 – Unanimously
 
14.
 
Health & Human Services Department:
 
A.
AI-68252
1.  Requesting approval to submit a letter of intent to the Texas Department of State Health Services.  The purpose is to have Hidalgo County considered for the next cycle of funding to the Texas Healthy Communities program.  The award amount is approximately $100,000.00 per year from 10/01/2019 to 09/30/2024.

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: 5 - 0 – Unanimously

2.  Requesting approval for Eduardo Olivarez, Chief Administrative Officer, to sign the letter of intent.  

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
Attachments:
 
B.
AI-68254
1.  Requesting approval of the Certification of Revenue by County Auditor in the amount of $119,969.80.  Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming program. 

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.  Requesting approval to appropriate the MAC budget in the amount of $119,969.80.  

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

Vote: 5 - 0 – Unanimously
 
C.
AI-68266
1.  Requesting approval to submit renewal grant application and budget for the CPS/HAZARDS (PHEP) program for FY 20.  The award amount is $574,166.00 and the program period will be in effect from July 1, 2019 to June 30, 2020.  This program requires a ten percent local funds match. 

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
Attachments:
 
D.
AI-68248
1.  Requesting approval of the Certification of Revenue by County Auditor in the amount of $98,790.50.  Funds are from the Health & Human Services Commission - Medicaid Administrative Claiming program. 

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: 5 - 0 – Unanimously

2.  Requesting approval to appropriate the MAC budget in the amount of $98,790.50. 

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: 5 - 0 – Unanimously
Attachments:
 
E.
 
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.
 
F.
 
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.
 
15.
 
Adult Probation:
 
A.
AI-68176
Adult Probation - DWI (1289)
September 2018
1.  Approval of certification of revenues as certified by the county auditor for the DWI Grant program income in the amount of $2,386.00.

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 the DWI program income (GPI) in the amount of $2,386.00

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

October 2018
1.  Approval of certification of revenues as certified by the county auditor for the DWI Grant program income in the amount of $2,964.00.

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 the DWI program income (GPI) in the amount of $2,964.00

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: 5 - 0 – Unanimously

November 2018
1.  Approval of certification of revenues as certified by the county auditor for the DWI Grant program income in the amount of $2,400.00.

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

Vote: 5 - 0 - Unanimously

2.  Approval of appropriation of the DWI program income (GPI) in the amount of $2,400.00

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

Vote: 5 - 0 - Unanimously

Court proceeded to Item.17.A.
 
16.
 
Community Service Agency:
 
A.
AI-68236
Discussion, consideration, and action on amendment to the FY 2019 Community Service Block Grant (CSBG) from the Texas Department of Housing and Community Affairs for program year 2019, with authorization for Judge Ramon Garcia and Jaime Longoria to sign any and all pertinent documents, as recommendation by Hidalgo County Community Service Agency Board on December 20, 2018.

Correction: Caption should read Judge Richard Cortez. 

Jaime Longoria presented the 2019 Community needs assessment, every 3-years the agency undertakes a needs assessment. The process to construct the assessment includes workshops, they go out into the community, and hold public forums with constituents to find out the needs of the community are. After compiling the collected data, they found five needs, which essential will determine how the agency allocates funds for the next 3-years. 

The five identified needs are as follow:
1) Lack of affordable healthcare and assistance with major health conditions. 
2) Lack of job skills necessary for better wages. 
3) Lack of knowledge regarding resources available in the community.
4) Lack of access to affordable nutritious food.
5) Lack of support for special population (Veterans, foster care, DACA participants & migrants). 

Jeremy Everett Executive Director at Texas Hunger Initiative, Baylor University, said that hunger is a big issue in the nation and in the state with 1 in every 4 children experiencing hunger, and 1 in 6 adults experiencing hunger here in the valley. According to Everett, about 30% of the children population here in the valley are experiencing hunger, however thanks to the work being done by the community agency, they have been able to reduce hunger by 10% in the past decade. On the other hand, four of the federal nutrition programs that come into the county last year brought in over $500 million dollars. The director explained that the way this money works, is that if an individual applies for Supplemental Nutrition Assistance Program (SNAP) they are spending those resources in the grocery store and therefore supplying 1 in 10 jobs at the grocery stores. Further, this system also affects local farms.  

Despite the huge need in the community, last year there was $150 million dollars left in the Supplemental Nutrition Assistance Program. Everett said that building private and public coalitions will be a way to be able to utilized the resources.

Judge Cortez questioned where the issue was that prevented from accessing the leftover $150 million. Everett explained this was due to being unable to communicate to people of those eligibles funds and being able to provide adequate points to be able to sign up for the program. On that note, Judge Cortez asked how this issue could be resolved. Everett, said this could be solved by investing more in programs like the county's community service agency. Also, non-profit organizations could assist, as well as working with schools to be able to provide after school meals.

Elaine Hernandez, Regional Director at Texas Hunger Initiative, Baylor University, said there are other programs such as the WIC program and the Head Start Program, among others that are trying to assist with the hunger initiative program. 

Longoria informed that as part of the family needs assessment, when a family seeks assistance the agency conducts a very comprehensive needs assessment to find the best program for them. 

Commissioner Cantu acknowledged that the Boys and Girls Club assist with the hunger initiative program by providing after school meals. 

Judge Cortez suggested finding a different approach to these type of presentation items. In such a way that each colum will represent the current issue and thereafter each colum showing the problem solving and the outcome. 

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: 5 - 0 - Unanimously

Court proceeded back to Item.5.A.
Attachments:
 
17.
 
WIC:
 
A.
AI-68290
WIC: Lactation Center 018 (1292)
Requesting approval to reimburse Esther Carrizales $57.00 for meals,with authority for the County Treasurer to issue check after review, audit and processing procedures have been completed by the  County Auditor. No advance was issued due to the short notice to process advance. P.O.'S. were processed for hotel and airline.

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

Vote: 5 - 0 - Unanimously
 
B.
AI-68287
WIC (1292):
Ratification to request additional funding from the Texas Health and Human Services:
1. FY 19 in the amount of $5,000.00 for additional funding for the cost on fringes and salaries for the Registered Dietitian Grant (012).

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. FY 20 in the amount of $5,000.00 for additional funding for the cost on fringes and salaries for the Registered Dietitian Grant (012).

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

3. FY 20 in the amount of $103,220.00 for additional of funding of cost on Wireless Internet for the WIC Program.

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

Vote: 5 - 0 - Unanimously

Clarissa Ramirez informed that they have wireless internet in all 24 clinics for an entire year. 
Attachments:
 
18.
 
Auditor's Office:
 
A.
AI-68289
Discussion, consideration, and approval for the County Auditor's Office to conduct an audit of the Chapter 59 Asset Forfeiture Report prepared by the Hidalgo County Sheriff’s Office, HIDTA, Constable Precinct 1, Constable Precinct 2, Constable Precinct 3, Constable Precinct 4, Constable Precinct 5, and Hidalgo County Fire Marshal for fiscal year 2018 pursuant to the Chapter 59 Asset Forfeiture Report requirements.

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

Vote: 5 - 0 - Unanimously
 
19.
 
Budget & Management:
 
A.
AI-68311
Title IV-E (1100):
1. Approval of the Texas Department of Family and Protective Services Contract #24738252

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 for County Judge to sign contract.

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

Vote: 5 - 0 - Unanimously
 
B.
AI-68278
Texas AgriLife Extension (1100):
1. Discussion, consideration and approval to apply the 3% Cost of Living Adjustment (COLA) for TX Agrilife Extension supplemental employees effective on January 1, 2019.

Correction: To be effective today January 9, 2019.

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: 5 - 0 – Unanimously

2. Approval of interdepartmental 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: 5 - 0 – Unanimously
Attachments:
 
C.
AI-68247
Planning and Engineering (1200):
Approval of the following salary schedule changes for 2018 and 2019:
Action Dept./Prg. Slot # Position Title Current Grade/Step Proposed Grade/Step Effective Date
Step Adjustment (Promotion) 210-002 0004 Administrative Assistant IV G10/S01 G10/S02 12/11/2018

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 
 
Attachments:
 
D.
AI-68241
TXDOT-Pct 3 Veterans Blvd (1315):
Authority for the County Judge to sign TXDOT Form ROW-A-10 Tabulation of Values for all parcels associated with the Pct 3 Veterans Blvd (US83-La Homa Rd) CSJ 0865-01-108 until the completion of this project.

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: 5 - 0 – Unanimously
 
E.
AI-68245
Approval to designate funds in 2018 for expenditures related to the following programs:
1.  UT Health Snap-Ed (124-212-0) in the amount of $67,200.54

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: 5 - 0 – Unanimously

Sergio Cruz informed the court that this is related to the agreement with UT Health for two outreach workers.
Attachments:
 
F.
 
Budget Appropriations:
 
1.
AI-68342
New Courthouse (1100):
a. Approval to designate the amount of $22,233.57 in the year 2018 for expenditures related to the New Courthouse.

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. Approval to undesignate the amount of $2,680,764.72 in the year 2019 for expenditures related to the New Courthouse.
c. Approval of 2019 appropriation of funds in the amount of $2,680,764.72 to fund program expenditures.

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
2.
AI-68280
1115 Waiver DSRIP (1100):
a. Approval to undesignate the amount of $2,426,768.00 in the year 2019 for expenditures related to the 1115 Waiver DSRIP Program.
b. Approval of 2019 appropriation of funds in the amount of $2,426,768.00 to fund program expenditures.

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

 Vote: 5 - 0 - Unanimously
Attachments:
 
3.
AI-68282
Adult Probation (1289):
Approval of appropriation of funds in the amount of $347,516.00 to fund interlocal agreement previously approved by Commissioners Court on 12/18/18.

No action taken on this item.
Attachments:
 
20.
 
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-68256
Acceptance of rebate check from The Local Government Purchasing Cooperative (BUYBOARD) in the amount of $70,557.00 for the cooperative fiscal year of 2017-2018.

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

Vote: 5 - 0 – Unanimously
 
B.
 
Pct. 2
 
1.
AI-68359
Acceptance and approval to execute AIA Document A133-2009 Guaranteed Maximum Price Amendment No. 1 between Hidalgo County and contractor, Erickson Construction, LLC. for the "Pct 2 Las Milpas Park Youth Facility" Project through Contract No. C-17-324-07-17, in the amount of $73,459.42 with authority to issue a Notice to Proceed [NTP], subject to legal counsel's final review and approval.

Martha Salazar informed this is currently being reviewed by Atlas, Hall & Rodriguez and nothing will proceeded unless is finalized. 

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
 
C.
 
Pct. 4
 
1.
AI-68265
TXDOT PCT 4 (1315):
Acceptance and approval of Change Order No. 4 for (additional work items) with details as identified in CO#4 (attached herein) in connection to agreement # C-17-218-01-16 with Texas Cordia Construction, LLC. for "10th Street Extension Project" including authority for County Judge to sign the required document(s).

Salazar reported that the net change amount is $21,300.26 with a total of $9,344,783.80

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
Attachments:
 
21.
 
Open Forum

Fern McClaugherty disclosed concerns over the salaries on various items listed on the agenda.
Attachments:
 
22.
 
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. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 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-68268
Cause No. SC18-0142-J41; County of Hidalgo v. Maria Elena Amaya

No action taken on this item.
 
D.
AI-68328
Cause No. SC18-0088-J41; County of Hidalgo v. Guadalupe Ramirez

No action taken on this item.
 
E.
AI-68334
Claim of Evigayl and Jose Acosta, et al v. County

No action taken on this item.
 
23.
 
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. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously

B. Engagement with the firm of Flores & Torres, LLP. in connection to Item.24.E.Claim of Evigayl and Jose Acosta, et al v. county for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

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: 5 - 0 – Unanimously
 
24.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

Commissioner Flores did not return from closed session.

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

No action taken on this item.
 
C.
AI-68269
Cause No. SC18-0142-J41; County of Hidalgo v. Maria Elena Amaya

Valde Guerra asked the court for approval to accept a grief final judgemental in the amount of $2,000 from Maria Elena Amaya

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
 
D.
AI-68329
Cause No. SC18-0088-J41; County of Hidalgo v. Guadalupe Ramirez

Commissioner Flores joined the meeting.

Valde Guerra petitioned the court to accept final judgment in the amount of $700 from Guadalupe Ramirez. 

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: 5 - 0 - Unanimously
 
E.
AI-68335
Claim of Evigayl and Jose Acosta, et al v. County

Refer to Item.23. A & B.
 
25.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No action taken on this item.
 
26.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

No action taken on this item.
 
27.
 
Adjourn

Judge Richard Cortez adjourned the meeting at 11:47
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 9th day of January, 2019

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 January 9, 2019.

Signed this 9th day of JANUARY 2019




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


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