SPECIAL MEETING - May 22, 2015
BE IT REMEMBERED, that on this 22nd day of May A.D., 2015, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE RAMON GARCIA HONORABLE A.C. CUELLAR, JR. HONORABLE JOSEPH PALACIOS |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 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 May 22, 2015 9:30 A.M. |
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NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners' Court will be held at the Edinburg Council Chambers 415 W. University Drive, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
1.
Roll Call
All members of the Court were counted present for the exception of Commissioner Joe Flores and Commissioner Eddie Cantu.
All members of the Court were counted present for the exception of Commissioner Joe Flores and Commissioner Eddie Cantu.
2.
Emergency Services Division - Ricardo Saldana:
Attachments:
A.
AI-49781
Presentation by Emergency Management Coordinator and/or Precincts for discussion, consideration and applicable/necessary action in connection with the most recent issuance (by the County Judge) of a Declaration of Disaster due to the torrential rain events in April-May 2015 causing widespread flooding and damage.
Mr. Saldana informed the Court and public on the current conditions of areas affected by flooding and other damage during the May 11th and May 15th rainfall. The pumping of water has continued in various locations and they are currently pre-staging pumps. Shelters have been in use and are on standby if the need arises. He stated that many entities that have been involved in assisting the County and each other during these events. Commissioner Palacios commented that their system did not fail, the county has experienced a hundred year event with the immense downpour of rain. Mr. Saldana mentioned that Precinct 4 was the most impacted by flooding. Commissioner Cuellar stated that Precinct 1 mostly suffered wind damage; in effect, an abundance of debris presents the problem in his precinct. Mr. Saldana informed the Court that they will be unable to request assistance from the Government until the County has exhausted all of the resources with the local partners.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of the continuance of local state of disaster under Texas Government Code Section 418.108.
Vote: 3 - 0 - Unanimously
Commissioner Palacios asked for clarification on restrictions of entering into private property. Mr. Saldana stated that under the declaration, they are able to enter private property to remove any hazards that may likely cause health issues. Eddie Olivarez expressed his main concern is the septic systems and the breakdown of the sewage systems potentially contaminating the flood water along with other contributors. Rebuilding and inspection of the systems will be vital once the water has dried. He also mentioned the mosquito problem is not going to subside and asked the for the community’s patience while the county is experiencing these circumstances. Judge Garcia stated that they were under the understanding that the declaration would allow them to enter private property but, they need to know what authority the County has. He asked Mr. Crain to broadly list all the circumstances that he believes may or could possibly exist that would allow the county to enter private property to remove any hazards to provide for the health safety and general welfare of the community. He stated he’d like it sent to his office to be able to accommodate requests from the Commissioners.
Mr. Saldana informed the Court and public on the current conditions of areas affected by flooding and other damage during the May 11th and May 15th rainfall. The pumping of water has continued in various locations and they are currently pre-staging pumps. Shelters have been in use and are on standby if the need arises. He stated that many entities that have been involved in assisting the County and each other during these events. Commissioner Palacios commented that their system did not fail, the county has experienced a hundred year event with the immense downpour of rain. Mr. Saldana mentioned that Precinct 4 was the most impacted by flooding. Commissioner Cuellar stated that Precinct 1 mostly suffered wind damage; in effect, an abundance of debris presents the problem in his precinct. Mr. Saldana informed the Court that they will be unable to request assistance from the Government until the County has exhausted all of the resources with the local partners.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of the continuance of local state of disaster under Texas Government Code Section 418.108.
Vote: 3 - 0 - Unanimously
Commissioner Palacios asked for clarification on restrictions of entering into private property. Mr. Saldana stated that under the declaration, they are able to enter private property to remove any hazards that may likely cause health issues. Eddie Olivarez expressed his main concern is the septic systems and the breakdown of the sewage systems potentially contaminating the flood water along with other contributors. Rebuilding and inspection of the systems will be vital once the water has dried. He also mentioned the mosquito problem is not going to subside and asked the for the community’s patience while the county is experiencing these circumstances. Judge Garcia stated that they were under the understanding that the declaration would allow them to enter private property but, they need to know what authority the County has. He asked Mr. Crain to broadly list all the circumstances that he believes may or could possibly exist that would allow the county to enter private property to remove any hazards to provide for the health safety and general welfare of the community. He stated he’d like it sent to his office to be able to accommodate requests from the Commissioners.
Mr. Olivarez also expressed safety concerns over a small percentage of families that should be evacuated from their homes, but they have chosen to remain in their homes without any utility services. Mr. Saladana added that they have made the public aware via media outlets.
Ms. Ramona Acosta, resident living on Rio Grande Care Drive, expressed her concern over the flooding surrounding her home. Commissioner Joseph Palacios explained to Ms. Acosta that system in place was not designed to handle the amount of rain that poured those days in May, but they are working on the proper infrastructure for a permanent solution.
Attachments:
3.
Purchasing Department - Marty Salazar:
A.
AI-49783
1. Approval of continuance of local state of disaster under Texas Government Code Section 418.108
Action was taken on Item 2.A.
2. Activate Contract with Ashbritt, Inc. under that certain Mutual Benefit and Use Agreement with the City of Kingsville, Texas
Mrs. Salazar informed the Court that the agreement with Ashbritt provides a variety of services including debris removal and water extraction and is on an as-needed basis. She stated that the water extraction service would be an issue when it dealt with contaminated water; Ashbritt would have to enlist subcontractors to move the water to permitted areas. Commissioner Palacios recommended the initiation of the process in the event the County has expended all resources and is in dire need. She added that activation of the agreement does not incur an initial fee; the county only pays for services used. She advised the Court that they currently have an agreement with Tetra Tech which would consult the county in writing the scope of work needed from Ashbritt and would trigger any reimbursement efforts on behalf of the County. She pointed out that with the use of Ashbritt services, the county may expend funds that would not be recoverable. Judge Garcia asked Ricardo Saldana, Emergency Management Coordinator, to be involved to determine whether there is a need to contract Ashbritt. Mr. Saldana agreed with the recommendation from Commissioner Palacios to enact the contract as a safeguard.
Chief Saldana addressed Commissioner Cuellars concern on the abundance of debris in Precinct 1 by offering assistance by his department and partners to avoid tapping into contracts. Commissioner Cuellar welcomed the offer and will communicate further with Emergency Management. He also agreed with the initiation of the agreement with Ashbritt in order to be prepared. Mr. Saldana stressed that the Ashbritt services would only be used in extreme circumstances. Mrs. Salazar stated that partnerships with all local assets must be exhausted prior to the usage of the agreement with Ashbritt. She stated that Mr. Ricardo Saldana, Mr. Valde Guerra, and the Budget Office are those involved in the decision making process and Judge Garcia will be consulted regarding decisions that are to be made and status.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of the activation of the contract with Ashbritt, Inc. with restrictions discussed above.
Vote: 3 - 0 - Unanimously
Mr. Guerra asked Mr. Cruz to make the necessary arrangements to prepare funding in the event the services by Ashbritt are required. Mr. Cruz stated they would need to do an emergency transfer from a funding item, then return to court to declare an emergency amendment to the budget requesting an increase to the budget.
Mrs. Salazar asked Commissioner Palacios about the request by his precinct on the purchase of equipment. Commissioner Palacios expressed the need for the two pumps in light of the current flooding situation the county is experiencing. Mrs. Salazar disclosed that it would cost approximately $350,000 including a transport trailer. With the assistance from the City of Mcallen and Precinct 1 by providing pumps, it was agreed that it was not necessary to seek the purchase, but possibly revisit the idea later.
John Dimas, resident living on Rio Grande Care Drive, expressed his concern over the flooded homes in his community and stressed the need of more pumps. Commissioner Palacios explained that they are currently pumping in areas where it is not restricted to enter. He added that due to legal parameters, they have not had right of entry in some areas. Mr. Dimas' main concern was regarding people trespassing onto his property because the flooded access of some neighbors. Commissioner Palacios assured him that once legal counsel has determined the authority of the precincts, the process will speed up.
Action was taken on Item 2.A.
2. Activate Contract with Ashbritt, Inc. under that certain Mutual Benefit and Use Agreement with the City of Kingsville, Texas
Mrs. Salazar informed the Court that the agreement with Ashbritt provides a variety of services including debris removal and water extraction and is on an as-needed basis. She stated that the water extraction service would be an issue when it dealt with contaminated water; Ashbritt would have to enlist subcontractors to move the water to permitted areas. Commissioner Palacios recommended the initiation of the process in the event the County has expended all resources and is in dire need. She added that activation of the agreement does not incur an initial fee; the county only pays for services used. She advised the Court that they currently have an agreement with Tetra Tech which would consult the county in writing the scope of work needed from Ashbritt and would trigger any reimbursement efforts on behalf of the County. She pointed out that with the use of Ashbritt services, the county may expend funds that would not be recoverable. Judge Garcia asked Ricardo Saldana, Emergency Management Coordinator, to be involved to determine whether there is a need to contract Ashbritt. Mr. Saldana agreed with the recommendation from Commissioner Palacios to enact the contract as a safeguard.
Chief Saldana addressed Commissioner Cuellars concern on the abundance of debris in Precinct 1 by offering assistance by his department and partners to avoid tapping into contracts. Commissioner Cuellar welcomed the offer and will communicate further with Emergency Management. He also agreed with the initiation of the agreement with Ashbritt in order to be prepared. Mr. Saldana stressed that the Ashbritt services would only be used in extreme circumstances. Mrs. Salazar stated that partnerships with all local assets must be exhausted prior to the usage of the agreement with Ashbritt. She stated that Mr. Ricardo Saldana, Mr. Valde Guerra, and the Budget Office are those involved in the decision making process and Judge Garcia will be consulted regarding decisions that are to be made and status.
On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 4, JOSEPH PALACIOS, the Court made a UNANIMOUS vote of approval of the activation of the contract with Ashbritt, Inc. with restrictions discussed above.
Vote: 3 - 0 - Unanimously
Mr. Guerra asked Mr. Cruz to make the necessary arrangements to prepare funding in the event the services by Ashbritt are required. Mr. Cruz stated they would need to do an emergency transfer from a funding item, then return to court to declare an emergency amendment to the budget requesting an increase to the budget.
Mrs. Salazar asked Commissioner Palacios about the request by his precinct on the purchase of equipment. Commissioner Palacios expressed the need for the two pumps in light of the current flooding situation the county is experiencing. Mrs. Salazar disclosed that it would cost approximately $350,000 including a transport trailer. With the assistance from the City of Mcallen and Precinct 1 by providing pumps, it was agreed that it was not necessary to seek the purchase, but possibly revisit the idea later.
John Dimas, resident living on Rio Grande Care Drive, expressed his concern over the flooded homes in his community and stressed the need of more pumps. Commissioner Palacios explained that they are currently pumping in areas where it is not restricted to enter. He added that due to legal parameters, they have not had right of entry in some areas. Mr. Dimas' main concern was regarding people trespassing onto his property because the flooded access of some neighbors. Commissioner Palacios assured him that once legal counsel has determined the authority of the precincts, the process will speed up.
4.
Adjourn
On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.
Vote: 3 - 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 22nd day of May, 2015
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Virginia Jones, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on MAY 22, 2015.
Signed this 26th day of MAY 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 22nd day of May, 2015
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Virginia Jones, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on MAY 22, 2015.
Signed this 26th day of MAY 2015
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Virginia Jones, Deputy