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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - September 10, 2019

BE IT REMEMBERED, that on this 10th 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 10, 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 10:05 a.m.

All Commissioners were present during roll call.

The Court recessed the meeting 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: 5 - 0 – Unanimously

The Court reconvened the meeting at 10:20 a.m.

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
 
2.
 
Pledge of Allegiance

The court was led by U.S Army Veteran, Marcos Lopez, the entire court recited the Pledge of Allegiance.
 
3.
 
Prayer

Opening prayer was offered by Julia Sullivan. The Court took a moment of silence in remembrance of September 11.
 
4.
 
Approval of Consent Agenda

The court moved to approve the consent agenda with the exception of items 3.E., 5.A., 7.A.2., 9.A.,10.R., and 10.S. to be pulled for further discussion.

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
 
5.
 
County Judge's Office:
 
A.
AI-72122
Presentation of Proclamation for National Day of Remembrance for Murder Victims.

Mr. Garcia speaks of a "Moms Resolution" with 13 "I Will" promises to the victims and their families.  He invites the Court to a Victims event on September 25th; and thanks the Court for remembering all the victims.

 
 
B.
AI-72121
Proclamation declaring September Pediatric Cancer Awareness Month.

Mario Lizcano, from DHR, thanks the Court for the proclamation that allows for awareness on this issue.

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:
 
6.
 
District Attorney's Office:
 
A.
AI-72129
DA-Border Prosecution Unit Grant (BPU)(1281):
1. Approval to accept the Region 3-Border Prosecution Unit Grant in the amount of $574,359.00, effective 09/01/2019 through 08/31/2020.
2. Approval of certification of revenues as certified by the County Auditor for the FY 2019 Region 3-Border Prosecution Unit grant funds in the amount of $574,359.00 and appropriation of the same.

Commissioner David Fuentes stepped away from the meeting.

Vote for 1-2

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
 
B.
AI-72123
District Attorney - TTBH (1281):
1. Discussion, consideration and approval of amendment to the Interlocal Agreement between Tropical Texas Behavioral Health and Hidalgo County by and through the Hidalgo County District Attorney's Office.
Correction amendement to be removed.

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

Vote: 4 - 0 – Unanimously

2. Authorization for County Judge, as authorized official, to sign amendment to the Interlocal Agreement award and related 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

3. Approval of Certification of Revenues by the County Auditor in the amount of $25,000.00 and appropriation of the same.

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

4. Approval to authorize the decrease of supplemental pay allowance for the following employee, effective 10/01/2019:
Employee # Dept./Prg. Slot # Position Title Current Supplemental Pay Proposed Supplemental Pay
106011 080-019 A001 Assistant District Attorney III $19,580.00 $19,435.00

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

Commissioner David Fuentes joined the meeting.
 
7.
 
Sheriff's Office:
 
A.
AI-72055
Approval of Sheriff and Constables Fee Schedule for Year 2020.

No action taken on this item.
Attachments:
 
B.
AI-72124
Sheriff's Office - LBSP FY20 (1284):
1. Authorization and approval to accept the Local Border Security Program (LBSP) FY 20 grant in the amount of $233,000.00.
2. Authorization for County Judge, as authorized official, to electronically sign grant award form and related documents.
3. Authorization to pay overtime reimbursable under the grant terms and conditions.
4. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY20 (LBSP - 20) in the amount of $233,000.00 and appropriation of the same.

Vote for items 1-4

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
 
8.
 
Constable Pct. #1:
 
A.
AI-72089
Constable Pct. 1 - Local Border Security Program (1284):
1. Authorization to accept the Statement of Grant Award in reference to Local Border Security Program FY20 in the amount of $35,000.00.
2. Authorization and approval for County Judge, as authorized official, to Electronically accept grant award form and related documents.
3. Authorization to pay Overtime reimbursable under the grant terms and conditions.
4. Approval of Certification of Revenues, as certified by the County Auditor, for the FY20 Local Border Security Progam Grant in the amount of $35,000.00 and appropriation of the same.

Vote on items 1-4

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

Commissioner Eduardo "Eddie" Cantu stepped away from the meeting.
 
9.
 
Constable Pct. #2:
 
A.
AI-72105
Constable Pct. 2 - Local Border Security Program (1284):
1. Authorization to accept the Statement of Grant Award in reference to Local Border Security Program FY20 in the amount of $35,000.00.
2. Authorization and approval for County Judge, as authorized official, to electronically accept grant award from and related documents.
3. Authorization to pay overtime reimbursable under grant term and conditions.
4. Approval of Certification of Revenues, as certified by County Auditor, for FY20 Local Border Security Program Grant in the amount of $35,000.00 and appropriation of the same.

Vote on items 1-4
On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 3, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.

Vote: 4 - 0 – Unanimously
 
10.
 
Constable Pct. #3:
 
A.
AI-72086
Constable Pct. 3:
Approval of the appropriation of 2019 Federal Sharing D.O.J. funds for the Constable Pct. 3 in the total amount of $2,983.60.

No action to be taken on this item.

 
Attachments:
 
B.
AI-72080
Constable Pct. 3 - Local Border Security Program (1284):
1. Authorization to accept the Statement Of Grant Award in reference to Local Border Security Program FY20 in the amount of $95,000.00.
2. Authorization and approval for County Judge, as authorized official,  to electronically accept grant award form and related documents.
3. Authorization to pay overtime reimbursable under grant term and conditions.
4. Approval of Certification of Revenues, as certified by County Auditor, for FY20 Local Border Security Program Grant in the amount of $95,000.00 and appropriation of the same.

Vote for items 1-4

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
 
11.
 
Constable Pct. #4:
 
A.
AI-72127
Constable Precinct 4 - LBSP FY2020:
1. Authorization to accept the Grant Award in reference to Local Border Security Program FY2020 for the amount of $72,500.00 from the Texas Department of Public Safety; Texas Homeland Security State Administrative Agency for the period of September 1, 2019 to August 31, 2020.
2. Authorization and approval for County Judge, as authorized official, to electronically accept grant award form and related documents.
3. Authorization to pay overtime reimbursable under the grant terms and conditions.
4. Approval of Certification of Revenues as certified by the County Auditor for the Local Border Security Program FY2020 Grant in the amount of $72,500.00 and appropriation of the same.

Vote for items 1-4

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

The Court moved to recess the meeting 11:01 a.m.

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 reconvened the meeting at 11:02 a.m.

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
 
12.
 
Tax Office - Paul Villarreal:
 
A.
AI-72152
1.  Presentation of Hidalgo County 2018-2019 Annual Tax Collection Report.

Mr. Villarreal informs the Court of the annual  taxes collected for Hidalgo county.  The total amount was $318,488,322.01 an increase of $191,759,363.46 from last year.  He informs the Court the total amount of delinquent taxes for 2018-2019 year are $9,633,198.10.

2.  Presentation of Hidalgo County 2018-2019 Annual Motor Vehicle Collection Report.

Santos Castilleja from the department of Motor Vehicles updates the Court on the Motor Vehicle report.  He stated the revenues from the department in 2018 was $175,208,789.85.  The revenues for January thru June of 2019 are $95,646,253.75.
 
B.
AI-72149
Discussion, consideration and action regarding implementation of new and updated motor vehicle tax forms

Mr. Santos Castilleja informs the Court of the need to implement 4 new forms to the Motor Vehicle department.  These forms will help in the prevention of fraud.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously

Commissioner Eduardo "Eddie" Cantu joined the meeting.
 
13.
 
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

Commissioner Joe Flores stepped away from the meeting.
No action taken on this item.
 
B.
AI-72156
Discussion, consideration and action to sign and submit required notice to the Texas Lottery Commission that Hidalgo County has fulfilled requirements of HB 914 necessary to continue to receive a share of bingo prize fees after January 1, 2020.

No action taken on this item.
Attachments:
 
C.
AI-72102
Requesting permission by Museum of South Texas History to use county parking lots near the museum for visitor parking for the Open House Event to be held on Saturday, September 14, 2019 (10am-5pm)

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:
 
D.
AI-72114
Approval to accept settlement check from Progressive Insurance Company in the amount of $2,318.50 to settle auto accident claim with County vehicle. (Sheriff Office) 

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.
 
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-72178
Tax Office (1100):
Approval to create six (6) Full-Time Temporary positions, effective 10/01/2019 thru 12/31/2019 as follows:
Action Dept./ Prg. Slot # Position Title Grade & Step
Create 140-001 T218 Clerk I G01/S07
Create 140-001 T219 Clerk I G01/S07
Create 140-001 T220 Clerk I G01/S07
Create 140-001 T221 Clerk I G01/S07
Create 140-001 T222 Clerk I G01/S07
Create 140-001 T223 Clerk I G01/S07

Subject to funding; pending budget department approval.

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:
 
C.
AI-72144
Criminal District Attorney (1100)/ DA CCP59 (1223)/  DA Bond Forfeiture Commissions (1100):
1. Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Dept./ Prg. Slot # Position Title Grade Allowance
Delete 080-002 0048 Assistant District Attorney IV 19 $900.00
080-007 0193
080-016 0005
Create 080-002 0170 Assistant District Attorney III 17 $900.00
080-007 0223
080-016 0025

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 

Criminal District Attorney (1100):
2.Approval to award discretionary step 3 to employee hired under slot no. 080-002-0169, Assistant District Attorney III after approval of HR criteria certification in accordance with Section 8.03 of the Classification and Compensation Plan, effective upon Commissioners' Court approval.

Criminal District Attorney (1100)/ DA CCP59 (1223)/  DA Bond Forfeiture Commissions (1100):
3.Approval to award discretionary step 2 to employee hired under slot no. 080-002-0045, Assistant District Attorney III after approval of HR criteria certification in accordance with Section 8.03 of the Classification and Compensation Plan, effective upon Commissioners' Court approval.

Commissioner Ellie Torres abstained from all discussions and/or actions on this item.

Vote for items 2-3

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: 3 - 0 – Unanimously
 
15.
 
Urban County:
 
A.
AI-72046
Hold a Public Hearing to consider public comments for Hidalgo County Urban County Program's 2018 Consolidated Annual Performance and Evaluation Report (CAPER) prior to submission to the U.S. Department of Housing and Urban Development.

There was a total of $7,156,946.31 disbursed for 2018; $4,929,438.49 for Public Facilities and Improvements, $648.838.37 for Public Services, $1325.461.95 for General Administration and Planning, and $253.207.50 for Section 108 Loans.

Public hearing was open at 11:29 a.m.  There were no public comments available.  Public hearing was closed at 11:31 a.m.
Attachments:
 
B.
AI-72045
1.   Hold a Public Hearing to consider public comments for Urban County Program’s (UCP) proposed substantial amendment to the Five (5) Year Consolidated Plans (2013-2017) and (2018-2022)  the 2016 , 2017 and 2018 One Year Action Plans.

Public Hearing was open at 11:32 a.m.  There were no public comments available.  However; Judge Richard Cortez inquires on how the money is allocated and who governs the allocation of the money.  Judge Cortez also inquires on how much input each of the Commissioners have on these funds.  Ms. Serna informs the Court the funds are distributed evenly among the participating cities and it is up to the cities to allocate the funds appropriately.  All the Commissioners stated they are active participants in the allocation of the funds.  Public Hearing was closed at 11:38 a.m.

Commissioner Joe Flores joined the meeting.
Commissioner Ellie Torres stepped away from the meeting.


2.   Requesting approval of a substantial amendment to Urban County Program’s Five (5) Year Consolidated Plans (2013-2017) and (2018-2022)  the 2016 , 2017 and 2018 One Year Action Plans.

This plans excludes the City of Else.  Commissioner David Fuentes questions if the City of Elsa has been notified of the exclusion.  Ms. Serna informed the Court the City of Elsa has been informed and Urban County has been in communication with the City of Elsa for the past 3 months.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval.
                                                        
 Vote: 4 - 0 – Unanimously
 
C.
AI-72160
"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 & A-One Insulation for the demolition and reconstruction of the following:
1.   (1) Unit in the Countywide area, (1) unit in the City of Mercedes and (1) unit in the City of Donna in the total contract amount of $205,100.00 to R G Enterprises, LLC, dba G & G Contractors 
2.   (1) Unit in the City of Donna in the total contract amount of $68,000.00 to A-One Insulation.

Vote is for item 1-2

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

Vote: 4 - 0 – Unanimously
 
16.
 
Fire Marshal's Office:
 
A.
AI-72187
Presentation of Year-to-Date Activity Report

Homero Garza, Hidalgo County Fire Marshall, updates the Court with the year to date report. Commissioner Eduardo "Eddie" Cantu inquires on the office's ability to keep up with inspections.  He stated he would like to see the County inspecting business at the same levels of the respective cities.  Mr. Garza stated he needs more staff in order to be able to do that.  He stated he is working with the budgeting department in order to get more staff.  Commissioner Cantu would like to see Mr. Garza included in the trash collection program so that his input can be taken into account. Mr. Garza stated he is open to the invitation.
Attachments:
 
17.
 
Adult Probation:
 
A.
AI-72128
DWI Court Grant (1289)
1. Approval to accept the DWI Court grant from the Office of Governor (Criminal Justice Division) in the amount of $154,136.99 for the grant period of 9/1/19 thru 8/31/20.

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

Commissioner Ellie Torres joined the meeting.

2. Approval of certification of revenues as approved by the County Auditor's Office for the DWI Court Grant in the amount of $154,136.99 and appropriation of the same.

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

Veterans Court Grant (1289)
1. Approval to accept the Veterans Court grant from the Office of Governor (Criminal Justice Division) in the amount of $95,627.00 for the grant period of 9/1/19 thru 8/31/20.

2. Approval of certification of revenues as approved by the County Auditor's Office for the Veterans Court Grant in the amount of $95,627.00 and appropriation of the same.

Commissioner David Fuentes stepped away from the meeting.

Vote is for items 1-2

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

 Vote: 4 - 0 – Unanimously

MDWI Court Grant (1289)
1. Approval to accept the Misdemeanor DWI Court grant from the Office of Governor (Criminal Justice Division) in the amount of $202,141.20 for the grant period of 9/1/19 thru 8/31/20.
2. Approval of certification of revenues as approved by the County Auditor's Office for the MDWI Court Grant in the amount of $202,141.20 and appropriation of the same.

Vote is for items 1-2

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

Mental Health Court Grant (1289)
1. Approval to accept the Mental Health Court grant from the Office of Governor (Criminal Justice Division) in the amount of $286,773.82 for the grant period of 9/1/19 thru 8/31/20.
2. Approval of certification of revenues as approved by the County Auditor's Office for the Mental Health Court Grant in the amount of $286,773.82 and appropriation of the same.

Vote is for items 1-2

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

HC Youthful Offender Court Grant (1289)
1. Approval to accept the HC Youthful Offender Court grant from the Office of Governor (Criminal Justice Division) in the amount of $168,457.92 for the grant period of 9/1/19 thru 8/31/20.
2. Approval of certification of revenues as approved by the County Auditor's Office for the HC Youthful Offender Court Grant in the amount of $168,457.92 and appropriation of the same.

Vote is for item 1-2

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
 
B.
AI-72083
Approval and ratification of Hidalgo County Emerging Adult & Strategy Grant from the US Department of Justice 1 year grant extension from September 30, 2019 to  September 30, 2020.

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
 
C.
AI-72084
Adult Probation - DWI CRT (1289)
1. August 2019
Approval of certification of revenues by the county auditor for the DWI Grant program income in the amount of $2,057.00 and appropriation of same.

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
 
18.
 
Planning Department:
 
A.
AI-72106
Appointment by County Judge of Member to the Hidalgo County Subdivision Advisory Board & Hidalgo County Board of Building Line Adjustment 

Judge Richard Cortez appoints Jose H Ramon for the Board of Building Line of Adjustment Board.

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
 
19.
 
Precinct #3 - Comm. Flores:
 
A.
AI-72177
Requesting approval to accept the counteroffer to purchase a track of land known as Parcel No. 30 associated with the Mile 3 N., from Tom Gill Rd. to Goodwin Rd. (ROW CSJ:0921-02-344) with authority for the County Judge to sign the Administrative Evaluation and Approval Form. 

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
 
20.
 
Budget & Management:
 
A.
AI-72176
Various Departments:
Approval of salary schedule changes as per Exhibit A in accordance with Hidalgo County Classification and Compensation Pay Plan.

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

Vote: 4 - 0 –Unanimously
Attachments:
 
B.
AI-72150
Crim DA (1100)/ VCLG (1281)
Approval of corrections to the 2019 Adopted Salary Schedule effective January 1, 2019:
FROM TO
Dept/Prg Slot Position Title Obj. Adopted Salary Corrected Salary
080-002 0126 Coordinator II, Victims Assistance 113 $1,298.00 $2,558.00
080-011 0001 $43,260.00 $42,000.00


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: 4 - 0 – Unanimously 
 
C.
AI-72111
CJD-DVSP (1281)/CJD-VAP (1281):
Approval of clarification to agenda item# 71989 to correct the effective date for the change in funding source from 9/02/2019 to 09/01/2019.

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
 
D.
 
Budget Appropriations:
 
1.
AI-72161
General Fund (1100):
Approval of 2019 appropriation of General Fund new source of revenue, as certified by the Co. Auditor on September 3, 2019, in the amount of $986,107.94 to fund various operating accounts.

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.
AI-72108
Safety (1100):
Requesting approval of the Certification of Revenues by Co. Auditor in the amount of $1,253.83 in relation to an insurance settlement for the Safety Department and appropriation of the same. 

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
 
3.
AI-72157
Court Reporter Services Fund (1239):
Approval of 2019 appropriation of funds for the Court Reporter Services Fund (1239) in the amount of $31,665.18 to fund other professional services. 

Fern McClaughtery questions why the Court Reporters needed more money since they just got a raise to almost $100,000.00.

Sergio Cruz informs the Court the extra funding is for court transcripts for indigent cases that the County is required to pay.

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

Vote: 4 - 0 –Unanimously
 
21.
 
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-71927
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) a professional service:

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

Vote: 4 - 0 – Unanimously

Commissioner David Fuentes joined the meeting.
 
B. Pursuant to demonstrated competence, action to approve a  Memorandum of Agreement (MOA) between Hidalgo County (HC) and Research, Applied Technology, Education and Services/Rio Grande Valley,aka, RATES/RGV [a 501c org.] in accordance with Local Government Code (LGC) 2254 Professional Services Procurement Act in connection with the Lower [RGV] Texas Stormwater Task Force assistance commencing with Pcts. 1 & 4.

Subject to 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
 
B.
 
Executive Office
 
1.
AI-72096
Requesting approval to purchase five (5) X-Ray Inspection System, five (5) 0.5 Meter Entry Roller Table  & five (5) 1 Meter Exit Roller Table  through the County's membership/participation with TXMAS Cooperative Purchasing Program's awarded vendor W.W. Grainger (Contract# 18-51V06 expiration 06.30.2023) through Requisition# 400396 in the total amount of $53,115.00.

Fern McClaugherty questions what department is requesting the above items.  Valde Guerra informs the Court the end user is the Sheriffs department for courthouse security.

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.
 
Pct. 2
 
1.
AI-72179
A.  Requesting exemption from competitive bidding requirement, under Tx LGC 262.024(a)(4) a professional service;

Judge Richard Cortez abstained from all discussions and/or actions on these item.

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

B.  Acceptance and approval of a Letter of Engagement with Ramon Worthington Law Firm, P.L.L.C. in connection with legal matters subject to legal review and compliance with all HC requirement submittals.

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
Attachments:
 
2.
AI-72164
A. Approval to rescind action previously taken by Commissioner's Court on 8/13/2019 AI#71695;

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. Approval to purchase two (2) 2019 Peterbilt 348 Roll Off Trucks through the County's membership/participation with Purchasing Cooperative of America under Contract# PCA 3-170-17 [Expires 5/2022]:
Requisition# Vendor Model  Amount
401047 Big D Tractor, LLC   (2) 2019 Peterbilt 348 (Roll-Off Trucks) $320,556.92


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.
 
Pct. 4
 
1.
AI-72112
Requesting approval to purchase Street Sweeper through the County's membership/participation with

HGACBuy Cooperative Purchasing Program(Contract# SW04-18A expiring 07/31/2020) awarded vendor Texan Waste Equipment, DBA Heil of Texas through Requisition#400916 in the total amount of $ 266,200.00

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: 5 - 0 – Unanimously
 
2.
AI-72101
a. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Sec 262.024 (A) (4) for a "professional service";

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. Presentation of the scoring grid (for the purposes of ranking by CC) the firms graded & evaluated through the County’s approved “pool” of Engineering Firms for the provision of "professional engineering services" for: (Project Specific) "Design and Construction Phase Services for The Linn-San Manuel Veterans Park" located in Hidalgo County Precinct 4;

ENGINEERING FIRMS:
Firms South Texas Infrastructure Group Strada Engineering & Consulting, LLC SDI Engineering, LLC
Evaluator 1

Evaluator 2
93

92
91

90
96

98
  92.5 90.5 97
Ranking by CC      


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

c. Authority for the Purchasing Department to negotiate a professional engineering services agreement for: (Project Specific) "Design and Construction Phase Services for The Linn-San Manuel Veterans Park" located in Hidalgo County Precinct 4, with the No.1 ranked firm SDI Engineering , LLC. for Engineering Services.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
 
Vote: 5 - 0 – Unanimously

 
 
E.
 
Budget & Management
 
1.
AI-72174
A.  Approval of final procurement packet for Consulting Services for Self-Funded Group Health-Hidalgo County with authority to re-advertise in the event no proposals are received or recommend rejection of proposals.

Commissioner David Fuentes would like to see the implementation of plan B subject to changes.  Commissioner Fuentes suggests the reallocation of 25 points from Presentation to Implementation.  He would like to see how the consultant sees to implement the plan.

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.  Requesting action for the selection/designation/assignment of evaluation committee to score, grade and evaluate RFP responses.
Commissioners Court's Selection-Evaluation Committee
1.
2.
3.
4.
5.

Commissioner David Fuentes suggests to have all the Chiefs be appointed for the committee. 

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
 
2.
AI-71809
A.  Authority to advertise and approval of draft procurement packet for Quality Claims Administrator Services for Workers Compensation-Hidalgo County with authority to re-advertise in the event no proposals are received or recommend rejection of proposals.

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.  Requesting action for the selection/designation/assignment of evaluation committee to score, grade and evaluate RFP responses
Commissioners Court’s Selection-Evaluation Committee
1.
2.
3.
4.
5.

The Court recommends to appoint all the Chiefs.

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:
 
22.
 
Open Forum

Fern McClaugherty is requesting for the County to have a No Refusal 365 days a year. She stated Cameron County has already implemented such practices. She would like for the District Attorneys office to continue as the Courts Legal Council instead of paying a legal firm $600,000. She is also reminding the Court of the communities desire to have taxes reduced by 1 cent.
Attachments:
 
23.
 
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
A.
 
Real Estate Acquisition
 
B.
 
Private consultation and advice of counsel concerning pending, potential and/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.
 
C.
AI-72205
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Green
 
D.
AI-72119
Claim regarding Rochester Armored Car Co., Inc.
 
24.
 
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)
 
25.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

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

No action to be taken on this item.
 
C.
AI-72206
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Green

Proceed as directed.
 
D.
AI-72120
Claim regarding Rochester Armored Car Co., Inc.
 
26.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
27.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
28.
 
Adjourn

Judge Richard Cortez adjourned the meeting at 2:00 p.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: 5 - 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 10th 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 10, 2019.

Signed this 10th 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