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Minutes for CC - REGULAR

SPECIAL MEETING - January 26, 2016

BE IT REMEMBERED, that on this 26th day of January A.D., 2016, 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
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 3

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

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
January 26, 2016
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

Commissioner Joseph Palacios was the only absentee.
 
2.
 
Pledge of Allegiance

Judge Garcia led the courtroom in reciting the Pledge of Allegiance.
 
3.
 
Prayer

Mrs. Julia Sullivan led the courtroom in Prayer.

Court proceeded to Item.10.A.
 
4.
 
Approval of Consent Agenda

No concerns presented, the court moved to approve.
 
5.
 
Open Forum

Dr. Adams appeared in front of the court members to speak about the constant issues with the roads and potholes. According to Dr. Adams, vehicles are driving into her property trying to avoid the potholes. She has tried to discourage the widening of Sioux Road. Dr. Adams also commented on the speeding occurring at Old La Blanca Road and Sioux Road, she requested for the constables to address this matter.
 
6.
 
Constables:
 
A.
AI-53066
Constable Pct. #1:
Requesting authorization for the County Judge to execute the 2016 Equitable Sharing Agreement and Certification Report.

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
 
B.
AI-52909
Constable Pct. #2:
Requesting authorization for the County Judge to execute the 2016 Equitable Sharing Agreement and Certification Report

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: 4 - 0 - Unanimously
 
C.
AI-53044
Constable Pct. #4:
Presentation and discussion of 2015 Racial Profiling Report as presented by Hidalgo County Constable Precinct 4 Department in accordance with Article 2.134 of the Texas Code of Criminal Procedures. 

Constable Gaitan announced to the court that he would be addressing the issues in regards to the comments made by Dr. Adams under Open Forum.

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: 4 - 0 - Unanimously
Attachments:
 
7.
 
Executive Office:
 
A.
AI-53032
Requesting approval to donate twenty-one (21) 1921 Old Jail and eighteen (18) 1985 Jail keys to the Museum of South Texas History. 

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: 4 - 0 -Unanimously 
Attachments:
 
8.
 
Health & Human Services Department:
 
A.
 
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.
 
B.
 
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.
 
9.
 
IT Department:
 
A.
AI-53085
WIC PROGRAM:
Authorization and approval to purchase new wireless device with service through the County's membership/participation with CONTRACT: DIR-SDD-1779 for VERIZON WIRELESS for the following:
Qty: Description: Employee Name: Service Plan: Equipment:
1 Cell Phone Office Use America's Choice II 400 Share UNL. IN&N&W @ $29.99 + $5.00 taxes/fees = $34.99 per month Kyocera Dura XV+ @ $0.


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: 4 - 0 - Unanimously
Attachments:
 
B.
AI-52929
FIRE MARSHAL/PLANNING DEPT.:
Authorization and approval to upgrade wireless equipment, downgrade service plan and change assigned name on devices through the County's membership/participation with CONTRACT: DIR-SDD-1779 for VERIZON WIRELESS for the following:
Qty: Description: Employee Name/ID: Service Plan: Equipment: MDN:
6 Downgrade Service Plan and Upgrade Equipment See Attachment America's Choice II 400 Share Email & Data+N&W IN UNL @ $49.99 + $5.00 taxes/fees = $54.99/ea per month iPhone 5s 16GB See Attachment
8 Upgrade Equipment See Attachment 4G Mobile Broadband UNL @ $37.99/ea per month Verizon AC791L See Attachment
Department: Description: Employee Name/ID: Transfer To: Device: MDN:
Fire Marshal Name Change Kyle Pulley/203742 Office Use Cell Phone 956-929-6497
Fire Marshal Name Change Juan Martinez/138126 Office Use Data Card 956-342-3707
Fire Marshal Name Change Kyle Pulley/203742 Office Use Data Card 956-342-3675
Planning Name Change Eli Villegas/185817 Office Use Cell Phone 956-358-8579


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: 4 - 0 - Unanimously

Court proceeded to Item.11.A.
 
10.
 
Elections Administration:
 
A.
 
Discussion and/or action, including but not limited to Elections updates

Court proceeded back to Item.4

Elections Administrator, Yvonne Ramon discussed the new propose routes for the #1 poll location, that being the elections annex. Currently voters have to cross where the curbside voting cars are moving. According to Mrs. Ramon, voters enter into the parking lot while curbside is still lining up. Voters, employees and jurors are crossing over to the actual curbside voting. Therefore, due to the potential danger she's planning a better route. She is proposing having curbside and personal appearance come into the entrance through the North side of the parking lot. Currently voters are entering from East Loeb Street.

Mrs. Ramon expressed concerns over the handicap voters, at the moment they have to park alongside moving vehicles. She proposed rerouting the handicap to come from South side of the County Clerk’s Warehouse and the elections poll site. By rerouting the curbside voters to come from the north side; jurors, employees and personal appearance voters will be able to cross without running into moving traffic.

Commissioner Flores questioned the timing for this decision. Mrs. Ramon commented to the commissioner that she has been trying to meet up with all the commissioners to discuss all the poll locations. Moreover, she commented to the commissioner that her goal was to discuss the accessibility of all locations to make sure they are meeting with ADA compliance.

Mrs. Ramon made clear that she discussed this matter with Commissioner Palacios and County Clerk Arturo Guajardo, as well as with Judge Garcia. As per Mrs. Ramon, they agreed that having voters enter from the North Side was the best idea. She notified to the commissioner that she has been working on this matter for at least 2 years. Commissioner Flores commented that he has made changes at poll locations in precinct 3.

Before making any decisions they'll be bringing this item to court for final approval.

Mrs. Ramon encouraged Mr. Joe Garcia to go speak with her about any concerns regarding the matter.

Mr. Joe Garcia resident of the City of Edinburg came to speak about his concerns regarding the new propose changes to the routing for the election polls. He stated his position against the new route. Mr. Garcia explained that the changes don’t provide specific notifications and it does not alert the public as to the concerns regarding the alredy approve locations. On behalf of the Edinburg community, Mr. Garcia affirmed that everyone is already familiar with the usual route. Base on his experience he assured that handicap individuals do not park on the North side but instead, they drive up alongside the building and do not cross any traffic. He alleged that he is not against any minimal changes to the routing design. However, he wouldn’t want to see changes in the way the parking lot is being utilize or changes to the current accessibility.

Overall, considering that the court has already approve the location Mr. Garcia requested to keep as is, and do not permit any changes to the location other than any concerns due to traffic.

Judge Garcia suggested to Mr. Garcia to consider speaking with Mrs. Ramon in regards.

Mrs. Ramon expressed that her main goal is to simplify accessibility. She is currently working on putting together a cover walkway for the curbside and handicap voters. She affirmed to Mr. Garcia that everything is staying the same for the exception of entering and exiting for personal appearance.

No action taken on this item.

Court proceeded to Item.13
 
11.
 
Budget & Management:
 
A.
AI-53068
Human Services - 1115 Waiver DSRIP (1100):
Approval to designate the amount of $764,521.67 in the year 2015 for expenditures related to the 1115 Waiver Program.

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: 4 - 0 - Unanimously
Attachments:
 
12.
 
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 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.
AI-52871
Acceptance of two (2) rebate checks from:
1. The Local Government Purchasing Cooperative in the amount of $ 44,963.47
2. Staples in the amount of $ 25,442.92 for the year 2014-2015 fiscal year.

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: 4 - 0 - Unanimously
 
B.
 
Hidalgo County
 
1.
AI-52930
Presentation of bids received for the purposes of award and approval of contract document to vendor submitting the lowest and best bid meeting all specifications and/or requirements as attached hereto for: Hidalgo County - "Sign Language Interpreting Services for Courtroom and Non-Courtroom" and subject to HB1295 and all other HC compliance items.

Ms. Salazar recommended, Allworld Language Consultants.

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: 4 - 0 - Unanimously
 
C.
 
Pct. 1
 
1.
AI-52678
Presentation of Sole bid received as detailed in tabulation sheet contained herein meeting all specifications and/or requirements for the purpose of award and approval of contract and subject to compliance with HB23 and HB1295 (if and when applicable)- for Request for Bid  titled: Hidalgo County Pct1- "Lease of Parcel for Citizen Collection Site(s) 1 in Mercedes and 1 in Donna" through project No.: 2016-013-12-09-SGS.

As per Ms. Salazar, as of yesterday Mr. Ray Jones complied with House Bill 1295.

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: 4 - 0 - Unanimously
 
D.
 
Pct. 3
 
1.
AI-52689
Approval of Governmental Equipment Lease-Purchase Agreement No. 2758156 between Holt CAT Truck Center thru the Buyboard Contract# 431-13, Caterpillar financial Services Corporation and Hidalgo County for the lease-purchase of two (2) 2016 or newer CT660 Trucks for Pct 3 with authority for the County Judge to sign all related documents for financing purposes and subject to HB1295.

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: 4 - 0 - Unanimously

Court proceeded back to Item.10.A.
 
13.
AI-53079
Discussion and action employing counsel for review of current and past liability lines of coverage for Hidalgo County

Court proceeded to Item.14

Court proceeded to Item.15.A & B.
 
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: 4 - 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-53072
Civil Action No. 7:14-cv-471; Eugenio Espinoza Martinez v. Hidalgo County, Texas, et al

No action taken on this item.
 
D.
AI-53074
C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1

No action taken on this item.
 
E.
AI-53055
Claim of Verizon

No action taken on this item.
 
F.
AI-53060
Claim of Cesar Rojas & Elena Cortez

No action taken on this item.
 
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 in connection with Item.13.

Vote: 4 - 0 - Unanimously

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 in connection to Item.16.C.

Vote: 4 - 0 - Unanimously

B. Requesting engagement with the firm of Munsch Hardt Kopf & Harr, PC. in specific with James Bettis & Paul D. Sculley. / the Law office of Preston Henrichson, PC for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement, in connection to Item. 13. and the authority to submit letter of engagement in connection to Item.16.C.

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 in connection to Item.13.

Vote: 4 - 0 - Unanimously

Court proceeded back to Item.16.A.

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 in connection to Item.16.C.

Vote: 4 - 0 - Unanimously

Court proceeded back to Item.16.D.
 
16.
 
Open Session:

Court proceeded back to Item.13
 
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-53073
Civil Action No. 7:14-cv-471; Eugenio Espinoza Martinez v. Hidalgo County, Texas, et al

Refer back to Item.15.A & B.
 
D.
AI-53075
C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No. 1

Mr. Valde Guerra stated that this case was already assigned to the Law Office of Atlas Hall & Rodriguez as the Moreno Claim. The Moreno claim is now the lawsuit C-0262-16-G; Teresa Barrera et al v. Hidalgo County, Texas and Hidalgo County Drainage District No.1

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: 4 - 0 - Unanimously

Same terms and conditions apply as the letter of engagement has been submitted.
 
E.
AI-53056
Claim of Verizon

Mr. Guerra requested for settlement authority to make an offer in the amount of $2,042.05

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: 4 - 0 - Unanimously
 
F.
AI-53061
Claim of Cesar Rojas & Elena Cortez

Proceed as Directed. 
 
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. 1, A.C. CUELLAR, JR., seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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 26th day of January, 2016

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


By: ______________________________
Norma G. Cantu, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on January 26, 2016.

Signed this 26th day of JANUARY 2016




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


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