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Minutes for CC - REGULAR

SPECIAL MEETING - August 25, 2015

BE IT REMEMBERED, that on this 25th day of August 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 EDUARDO "EDDIE" CANTU

HONORABLE JOE M. FLORES

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

COMMISSIONER, PRECINCT NO. 4

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

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
August 25, 2015
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 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 in attendance.
 
2.
 
Pledge of Allegiance

Judge Garcia led the Court and Audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Virginia Townsend led the Court and Audience in Prayer.
 
4.
 
Approval of Consent Agenda

The Court moved to approved the Consent Agenda.

Court proceeded to Item.10.A.
 
5.
 
Open Forum

Fern McClaugherty approached the Court to express her concerns about tax increase, the health district and the future expenses in connection to the new courthouse.

Commissioner Flores stepped away from the meeting.

Virginia Townsend mentioned about certain items placed in the previous consent agenda, arguing that small and significant items should be placed in regular agenda. In addition she mentioned that she doesn’t agree about not presenting a photo I.D. when voting.

County Clerk’s Office, Chief Deputy, Annette Muñiz came in front of the Court to acknowledge the deputy sheriff’s who helped during the power outages at the Courthouse but specially at the County Clerk’s Office. In addition to her comment she also made point of the different but constant repair issues that occur at the courthouse. Adding that there is more cost in trying to repair the same issues than it would be to have a new courthouse.

Commissioner Flores joined the meeting.

Commissioner Palacios stepped away from the meeting.

Gladys Lopez and Jose Vidales from FEMA stated to the Court that they have completed their assignment here in the County and they are preparing to leave. She mentioned that the center will remain open until August 29, 2015. She reminded the Court that they have been here since June and during this time they received about 4,000 applications. They gave former thanks to Chief Saldaña and John Ovalle for all their collaboration and support. Rick Saldaña expressed his gratitude to all his staff for the help during this time. Texas Department of Public Safety, Tony Peña thanked the Court for all their support.

Commissioner Palacios joined the meeting.
 
6.
 
District Attorney's Office:
 
A.
AI-51017
DA Investigation HB65 (1223)
Approval of appropriation of funds to cover overtime pay and fringe benefit expenditures related to hours that will be worked on the "No Refusal Weekend" project by the Health Department nursing staff.
 
Josephine Ramirez introduced the participation of the DA’s Office together with the Sheriff’s Office and the Hidalgo County Health Department in regards to the “No Refusal Weekend”  over Labor Day weekend. 

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.
                                                                                                                                                         
Vote: 5 - 0 – Unanimously
Attachments:
 
7.
 
Health & Human Services Department - Eddie Olivarez
 
A.
AI-51008
Discussion and consideration and action on the following:
In accordance with the Hidalgo County Civil Service Commission rules, requesting approval to payout overtime hours to be worked by the Health and Human Services department Nursing staff who will participate in the collaborative “No Refusal Weekend” project, coordinated between the Hidalgo County District Attorney’s Office and Hidalgo County Sheriff’s Office during Labor Day Holiday Weekend.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
 
B.
 
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.
 
C.
 
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.
 
8.
 
Executive Officer - Valde Guerra:
 
A.
AI-51042
Approval of Memorandum of Understanding (MOU) among the County of Hidalgo, City of Edinburg, City of McAllen, City of Mission, City of Pharr and the University of Texas Rio Grande Valley regarding the development of and funding for the University of Texas RGV School of Medicine

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: 5 - 0 - Unanimously
Attachments:
 
B.
AI-51007
Discussion and action to authorize Valde Guerra, County Executive Officer, to sign certification of Tabulation of Utility Adjustments (SUP) for FM 681 ROW CSJ: 0862-01-046 and ROW CSJ: 0669-01-052/0862-01-046

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
Attachments:
 
C.
AI-51009
Approval of Resolution in support of BiNED Zone (BiNational Economic Development Zone) to create a competitive US–Mexico mega-region to attract investment in advanced (Intelligent) manufacturing in order to create jobs and promote a prosperous region

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
Attachments:
 
D.
AI-50984
Approval to accept settlement money orders from Yadira Montelongo in the amounts of $500.00 & 20 cents to settle an auto accident with County vehicle. (Sheriff's Office)

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
 
9.
 
Auditor's Office - Ray Eufracio:
 
A.
AI-50995
Approval to release the County’s audited Comprehensive Annual Financial Report (CAFR), Single Audit, Management Letter for the year ended December 31, 2014 prior to acceptance by the Commissioners Court.

Linda Fong mentioned to the Court that this is usually done when the independent auditors present to the court about the audit however it’s not finalized at the moment.

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: 5 - 0 - Unanimously
 
B.
AI-50992
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 District Attorney's Office for fiscal year 2015 pursuant to the Chapter 59 Asset Forfeiture Report requirements.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously

Court proceeded to Item.11.A.
 
10.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-51003
Proclamation declaring September 10, 2015 as National Suicide Prevention Awareness Day in Hidalgo County 

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

Yolanda Estrada Peralez mother of Andrew Peralez thanked the Court and everyone who helped approved this proclamation.

Court proceeded to Item.5.
 
11.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-51011
Requesting approval of claim/invoice with authorization for County Treasurer to issue payment/check to the Hidalgo County Clerk for recording fees after review, audit and processing procedures are completed by County Auditor in the amount of $24.00 (invoice #0953457).

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
Attachments:
 
B.
AI-51012
Requesting approval of the following four (4) claims/invoices with authorization for County Treasurer to issue payment/check for recording fees after review, audit and processing procedures are completed by County Auditor in the amount of $112.00-each deed recorded at $28.00 totaling $112.00:
Hidalgo County Clerk Invoice # 0863512 

Commissioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 4 - 0 - Unanimously
Attachments:
 
C.
AI-51010
Requesting approval of the following claim/invoice with authorization for County Treasurer to issue payment/check for recording fees after review, audit, and processing procedures are completed by County Auditor in the amount of $28.00.
Hidalgo County Clerk Invoice # 1115298 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 4 - 0 - Unanimously
Attachments:
 
12.
 
Budget & Management - Sergio Cruz:
 
A.
 
Interfund transfers:
 
1.
AI-51016
Pct. 1-TXDOT US 83 Illumination (1315):
Approval of interfund transfer from Co. Wide Adm.-Contingency (1100) to Pct. 1 TXDOT-US 83 Illumination (1315) in the amount of $13,000.00 to fund aid to government agency expenditures.

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 4 - 0 - Unanimously
Attachments:
 
2.
AI-51026
Pct. 4 (1301):
Approval of 2015 interfund transfer from Pct# 4 program 158 (1200) to Emergency SRVC-Linn San Manuel (1301) in the amount of $13,317.20 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 5 - 0 - Unanimously
Attachments:
 
13.
 
Purchasing Department - Marty Salazar:
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 FOWARDED 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-51035
County Court at Law #6:
A.  Requesting approval of the exception to Travel Policy due car rental overage 

Martha Salazar mentioned that County Court at Law #6 judge did all the arrangements on his own without going through the coordinator. As a consequence he paid more than the county would usually pay for car rental.

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.
                                                                                                                                                         
Vote: 4 - 0 – Unanimously
 
B.  Requesting approval to reimburse Judge Albert Garcia for airplane ticket, car rental and gasoline in the total amount of $1,926.73 incurred in connection with a trip to attend the Advance Evidence Conference in Vail, Colorado from July 19 thru July 25, 2015 with authority for the County Treasurer to issue payment/check after review and auditing procedures are completed by County Auditor. 

Commissioner Flores joined the meeting.

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.
                                                                                                                                                         
Vote: 5 - 0 – Unanimously
Attachments:
 
B.
 
Pct. 1
 
1.
AI-51023
A. Recommendation by project engineering firm, LeFevre Engineering & Management Consulting, LLC, to award the Base Bid and Alternate 1 to the responsible vendor submitting the lowest and best bid [and meeting all specifications] for: Hidalgo County Precinct No. 1 -"Paving & Drainage Improvements: Spanish Palms Subdivision" Project (RFB No. 2015-256-08-12-MSS.) to 2GS, LLC, in the total amount of $259,364.00.

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: 5 - 0 - Unanimously 

B. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for the Precinct Commissioner or designee (historically Raul Lozano unless otherwise voice by Comm.) to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor".

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU  the Court made a UNANIMOUS vote of approval.
                                                                   
Vote: 5 - 0 - Unanimously
 
14.
 
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, A.C. CUELLAR, JR., 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-51019
Civil Action No. 7:15-cv-00256; Oscar Daniel Granados v. Deputy Douglas Brooks, et al

No Action taken on this Item.
 
D.
AI-50982
Claim of AT&T

Mr. Guerra requested for settlement authority to make an offer in the amount of $608.08

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
 
15.
 
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, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously

B. Requesting engagement with the firm of Preston and Henrichson, PC for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously
 
16.
 
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-51020
Civil Action No. 7:15-cv-00256; Oscar Daniel Granados v. Deputy Douglas Brooks, et al

Refer back to Item.15.A. - B. 

On motion by COMMISSIONER PCT. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
 
D.
AI-50983
Claim of AT&T

Action was taken under Item.14.D.
 
17.
 
Closed Session:
Commissioners' Court may reconvene into Closed Session for the discussion regarding the agenda items listed

No Action taken on this Item.
 
18.
 
Open Session:
Commissioners' Court may reconvene into Open Session for the discussion regarding the agenda items listed

No Action taken on this Item.
 
19.
 
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: 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 25th day of August, 2015

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 AUGUST 25, 2015.

Signed this 25th day of AUGUST 2015




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


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