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Minutes for CC AGENDA SPECIAL MTG

SPECIAL MEETING - September 3, 2019

BE IT REMEMBERED, that on this 3rd day of September 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
September 3, 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 9:30 a.m.

Commissioner Joe Flores was not present for the meeting.
 
2.
 
Pledge of Allegiance

The court was led by Army Veteran, Odon "Don" Bocanegra, the entire court recited the Pledge of Allegiance.
 
3.
 
Prayer

Opening prayer was offered by Julia Sullivan. A moment of silence was offered for the victims in the Odessa shooting.
 
4.
 
Approval of Consent Agenda

The court moved to approve the consent agenda with the exception of items 3. B., 4. A., 9. B., 9. C., 8. B. 1 and 2 to be pulled for further discussion.

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

The Court moved to Agenda Item 10.B.
 
5.
 
District Attorney's Office:
 
A.
AI-72002
DA-Victim Assistance Program Grant (VAP)(1281):
Requesting approval of clarification on action taken through agenda item #AI-70285 in Commissioners Court on 5/21/2019. The statement made on the background section of agenda item no. 70285, "update personnel information" was inclusive of various personnel actions which also included the creation of positions.

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
 
6.
 
Health & Human Services Department:
 
A.
 
Health Care Funding District:
 
1.
AI-72025
Discussion and approval to change the draw down date to 9-5-19 and settlement date to 9-6-19 for Demonstration year 8 Final UC Payment  as per instructions from HHSC on 8-28-19.

No action taken on this item.
 
7.
 
Sheriff's Office:
 
A.
AI-72062
2018 Operation Stonegarden (1284):
1.  Authorization and approval of a budget amendment (FRAG) and Price Act waiver in reference to OPSG 2018.
2.  HCSO transfer M&A to Deputy OT, in the amount of $1,010.98.  Transfer Supplies to Equipment (LRP) in the amount of $32,025.34.
3.  CPCT3 transfer Other Costs to Deputy OT in the amount of $7,624.00.
4.  CPCT4 transfer Deputy OT to Communication OT in the amount of $5,000.00.  Transfer from Deputy OT to Equipment (LPR) in the amount of $29,450.00.

Vote for 1-4

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-72040
Discussion, consideration, and action, in accordance with the Hidalgo  County Civil Service Commission rules, for the following employee #219037 to be paid out for accrued compensatory time, Holiday and Annual leave time. (Employee transferred to Precinct 2-Grant funded position)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
Auditor's Office:
 
A.
AI-72051
1. Approval of 2019 Certification of New Sources of Revenues

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

2. Presentation of 2020 Statement of Estimated Available Resources

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
9.
 
Constable Pct. #1:
 
A.
AI-72060
Discussion, consideration, and approval to pay of overtime hours worked by deputy constables in performance of the Interlocal Agreement between Hidalgo County Constable Pct. 1 and Pct. 3 and TAMUK approved by Commissioners Court on August 27, 2019, and in accordance with the Hidalgo County Civil Service Commission Rules.  

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: 4 - 0 – Unanimously
Attachments:
 
B.
AI-72065
Discussion, consideration, and approval to appoint Benardo Garza as Reserve Deputy Constable by Constable Celestino Avila Jr, Constable Pct. 1 in accordance with Texas Local Government Code Section 86.012

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4 - 0 – Unanimously
 
10.
 
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 action on item 1 and 2.

The Court moved to Agenda Item 10. C.
 
B.
AI-72078
Discussion and approval of  Revised Commissioners Court Rules of Procedures, Conduct and Decorum of Court Meetings and Open Forum

Josephine Ramirez updates the Court on changes to Commissioners Court rules in respect to participants wanting to participate with comments.  If anyone wants to participate on an agenda item it has to been done during the time the item was brought before the Court.  The participant will be allowed two minutes for comments.

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: 4 - 0 – Unanimously

Fern McClaughtery wanted to assure the court explained to the public what changes were made to the policy.

The Court moved to Agenda Item 5.A.
 
C.
AI-72008
Approval to accept settlement check from Boggus Motors in the amount of $285.00 to settle auto accident claim with County vehicle. (HIDTA)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.
                    
Vote: 4 - 0 - Unanimously
 
11.
 
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. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
B.
AI-72048
Classification and Compensation Plan:
Approval of the following changes to the Classified Positions List:
Action Position Title Grade
Add Emergency Management Program Specialist II 12


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:
 
C.
AI-72019
Emergency Management (1100):
Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Delete 110-075 0008 Deputy Emergency Management Coordinator 13
Create 110-075 0009 Emergency Management Program Specialist II 12


No action taken on this item. 
Attachments:
 
D.
AI-72034
DA Civil Litigation (1100):
Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./ Prg. Slot # Position Title Grade Allowance
Delete 080-013 T012 Attorney III 17 $0.00
Create 080-013 0013 Attorney III 17 $900.00

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-72043
Sheriff VAWA (1284):
Approval to extend the positions listed below effective 10/01/2019 through 03/31/2020:
Action Dept./ Prg. Slot # Position Title Grade
Extend position 280-095 0001 Deputy Sheriff 06
Extend position 280-095 0002 Deputy Sheriff 06
Extend position 280-095 0003 Deputy Sheriff 06
Extend position 280-095 0004 Deputy Sheriff 06
Extend position 280-095 0005 Coordinator II, Victims Assistance 11


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 
The Court moved to Agenda Item 13.A.
Attachments:
 
12.
 
Community Service Agency:
 
A.
AI-71991
Presentation of 2020 Community Service Block Grant (CSBG) Community Action Plan (CAP) and Budget. 
1. Public hearing regarding the proposed 2020 CSBG CAP plan and budget.

Villarreal informed the Court of the 2020 CSBG CAP plan and budget.  He informed the Court there were little changes to the plan since last year.  He stated the only change was the addition of two positions.  He requests for the a public hearing to be opened so the community may have a chance for comments.

Judge Richard Cortez opened the Court for comments at 10:09 a.m.  Their were no public comments.  Judge Richard Cortez closed the public hearing at 10:10 a.m.

2. Discussion, consideration, and possible action to recommend approval of the 2020 (CSBG) (CAP) plan and budget. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 4- 0 – Unanimously
The Court  moved to Open Forum.
Attachments:
 
13.
 
Precinct #3 - Comm. Flores:
 
A.
AI-72057
Acceptance and approval of Work Authorization No. 3 (with an estimated cost $62,030.00) as submitted by project engineer, Javier Hinojosa Engineering, to provide engineering services for Paving Improvements Motor Pool Facility (Mile 7 and Iowa Road), through contract # C-19-243-07-16.

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
 
14.
 
Budget & Management:
 
A.
AI-71989
CJD-DVSP (1281)/CJD-VAP (1281):
Approval of the following change in funding source actions effective 09/02/2019:
  FROM TO
Emp. No. Dept/Prg Slot Position Title G/S Dept/Prg Slot Position Title G/S
212253 080-018 0001 Advocate (DA) 08/02 080-017 0010 Advocate (DA) 08/02
89125 080-018 0004 Legal Assistant II 08/01 080-017 0009 Legal Assistant II 08/01


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

Vote: 4 - 0 – Unanimously
 
B.
 
Budget Appropriations:
 
1.
AI-72054
Various Pct 3 Programs:
Requesting approval of Certification of Revenue by the County Auditor in the amount of $2,575,787.84 from proceeds received from the sale of the Pct 3 South Detention Basin and appropriation and/or interfund of the same.

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
 
2.
AI-72035
Pct. 1 Rd. Maint (1200):
Approval of certification of revenues by the County Auditor, for revenues received from the Hidalgo County Drainage District No. 1 in relation to equipment use reimbursement and appropriation of funds in the amount of $141,912.30 to fund road expenditures.

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

Vote: 4 - 0 – Unanimously

The Court recessed Commissioners Court at 10:04 a.m.

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: 4 - 0 -Unanimously 

The Court reconvened Commissioners Court at 10:05 a.m.

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

Vote: 4 - 0 – Unanimously
 
15.
 
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-72038
Awarded auctioneer contracted vendor, AMT Auction Marketing  under contract [C-19-056-07-16] is requesting that HCCC grant and permit the use of the HC logo for promotion of the County's upcoming Auctions on vendor's website.

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:
 
B.
 
Health & Human Services:
 
1.
AI-72063
Approval to exercise/issue/send the sixty (60) day written Notice of Termination to Kevin Nolting  dba/ Nolting Consulting, LLC Agreement [C-14-088-02-11]  as requested by Health & Human Services Department.

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

Vote: 4 - 0 – Unanimously
 
C.
 
Pct. 2:
 
1.
AI-72067
Requesting approval to complete and submit a rental agreement as required by vendor, Partsmaster for the purpose of setting up an account to rent a parts washing machine, with authority for Commissioner Eduardo Cantu to sign the rental agreement.

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.
 
Pct. 4
 
1.
AI-72013
Acceptance and approval of contract C-19-210-09-03 with MEG Engineers for the provision of "On-Call" Engineering Services for Construction Material & Geo-Technical Testing (on an as-needed basis) for projects located in Precinct 4. 

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
 
2.
AI-72014
Acceptance and approval of contract C-19-207-09-03 with SDI Engineering, LLC for the provision of "On-Call" Construction Management Services (on an as-needed basis) for projects located in Precinct No. 4.

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
 
3.
AI-72016
Acceptance and approval of contract C-19-209-09-03 with Raba Kistner, Inc. for the provision of "On-Call" Engineering Services for Construction Material & Geo-Technical Testing (on an as-needed basis) for projects located in Precinct No. 4.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
 
Vote: 4 - 0 – Unanimously
 
4.
AI-71993
Requesting approval of Work Authorization #4 in the amount of $9,684.72 for Contract No. C-15-255A-09-01 - L & G Engineering On-Call Professional Engineering Services - Traffic Studies County-Wide.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
 
Vote: 4 - 0 – Unanimously
 
E.
 
County Clerk
 
1.
AI-71987
Presentation of the scoring/evaluation grid (from designated grading committee) for the purpose of Commissioner's Court to declare/rank the sole submitted response received as "Qualified" in order to proceed to the next phase of the procurement process-authority to negotiated in connection with the "Request for Proposals for Hidalgo County Clerks' Office" for RFP 2019-187 "Records, Management and Document Imaging Process"

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

The Court moved to Agenda Item 12.A.
 
16.
 
Open Forum

Fern McClaugherty inquires if the County can do their own delinquent taxes. She also thanks those responsible for House Bill 2840 which changed the the way the public is allowed to comment on items during Commissioner Court.
Hortenzia Martinez from Colony Estates, come with concerns on the Hike and Bike trail. The Hike and Bike trial is directly across from the subdivision. She would like a fence to to be put up to divide the subdivision from the Hike and Bike trail. She has concerns with the people using the subdivision cul de sac to park and/or displaying unacceptable behavior.
Andrea Landeros, from ARISE, comes to the Court to request funding for street infrastructure in the colonias.
Jeruselum Flores, comes before the Court to request all veterans be exempt from paying property taxes.
Attachments:
 
17.
 
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: 4 - 0 – Unanimously
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
 
Private consultation and advice of counsel concerning pending or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.
 
D.
AI-72071
Civil Action No. 7:16-cv-00510; Dora Salia Maldonado et al v. Ricardo Rodriguez, Jr., in his Official Capacities as District Attorney of Hidalgo Co
 
18.
 
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."

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)
 
19.
 
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-72072
Civil Action No. 7:16-cv-00510; Dora Salia Maldonado et al v. Ricardo Rodriguez, Jr., in his Official Capacities as District Attorney of Hidalgo Co

No action taken on this item.
 
20.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
21.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
22.
 
Adjourn

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
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 3rd day of September, 2019

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


By: ______________________________
Melissa S. Montalvo, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on September 3, 2019.

Signed this 3rd day of September 2019




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


By: ____________________________
(Seal) Melissa S. Montalvo, Deputy