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Minutes for CC - REGULAR

SPECIAL MEETING - August 29, 2017

BE IT REMEMBERED, that on this 29th day of August A.D., 2017, 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 DAVID FUENTES

HONORABLE JOE M. FLORES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE JOSEPH PALACIOS
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO.3

COMMISSIONER, PRECINCT NO. 2

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 29, 2017
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 David Fuentes and Commissioner Eduardo "Eddie" Cantu were not present during roll call.
 
2.
 
Pledge of Allegiance

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

Martha Salazar led the courtroom in Prayer.
 
4.
 
Approval of Consent Agenda

Court moved to approve the entire consent agenda.

Court proceeded to Item.14.A.
 
5.
 
Constable Pct. #2:
 
A.
AI-61296
Constable Pct. 2 - Rifle Resistant Body Armor Grant Program (1284):
1. Authorization and approval to approval to apply for the Rifle Resistant Body Armor Grant Program with the Office of Criminal Justice Division (CJD).

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

Vote: 3 - 0 – Unanimously

2. Authorization for County Judge, to sign required document under eGrants as authorized official.



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

Vote: 3 - 0 – Unanimously
 
6.
 
Constable Pct. #4:
 
A.
AI-61304
Constable Precinct 4 -  Rifle Resistant Body Armor Grant Program (1284):
1.  Authorization and approval to apply for the Texas Rifle-Resistant Armor Grant.

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

Vote: 3 - 0 – Unanimously

2.  Authorization for County Judge, as authorized official, to sign required documents for the application.

Commissioner Cantu joined the meeting.

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

Vote: 4 - 0 – Unanimously
Attachments:
 
7.
 
Sheriff's Office:
 
A.
AI-61302
Discussion, consideration, and action, in accordance with the Hidalgo County Civil Service Commission rules, for the following employee #121436 to be paid out for accrued compensatory time, Holiday and Annual leave time. (employee transferred to HIDTA-Grant Funded position)

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

Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
Executive Office:
 
A.
 
Presentation for discussion, consideration and action (if necessary) including, but not limited to the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects

Valde Guerra reported on the ongoing renovations to the justice of the peace office in precinct 3.

2) Emergency situations occurring since last agenda meeting

Jose Caso on behalf of precinct 4, updated the court on the efforts provided by their staff to assist the public during Hurricane Harvey. He thanked all partnerships for assisting.

Commissioner Fuentes joined the meeting and Commissioner Palacios stepped away.

David Suarez from precinct 1, brief the court on the efforts made by the precinct to prepare for the upcoming hurricane. Suarez disclosed that they worked with City of Weslaco to distribute sandbags, about 34,000 sandbags were distributed all together.

Commissioner Fuentes acknowledged the efforts by Chief Lopez and staff.

Armando Garza representing precinct 2, inform they distributed about 10,000 sandbags. The precinct team was able to deliver sandbags to flooding areas directly. Commissioner Cantu thanked all the volunteers.

Valde Guerra commended the Emergency Management Office for working with every precinct, and other elected officials.

Commissioner Palacios joined the meeting.

Julia Sullivan spoke in regards to the false news of shortage of gas, acknowledging how important social media is to reach out to the community.

Once again, Guerra recognized the leadership of Chief Saldaña during this event.

Victor Gallardo on behalf of precinct 3, informed that they were able to provide the community with 16,000 sandbags.

Emergency Management Chief Saldaña thanked the court members for all their efforts and contributions during the preparations. Saldaña stressed on the great coordinated efforts by all of Hidalgo County and other counties.
 
9.
 
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.

 
10.
 
Adult Probation:
 
A.
AI-61139
Adult Probation - DWI Court (1289):
1.  Approval of certification of revenues as certified by the County Auditor for the DWI Grant program income in the amount of $2,213.00.

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

Vote: 5 - 0 - Unanimously

2. Approval of appropriation of the DWI program income (GPI) in the amount of $2,213.00.

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

Vote: 5 - 0 - Unanimously
 
11.
 
Elections Administration:
 
A.
 
Discussion, consideration and action but not limited to Election updates.

No action taken on this item.
 
12.
 
Precinct #3 - Comm. Flores:
 
A.
AI-61317
Approval to accept Right of Way Donation Deed from Ms. Maribel Alanis for the Los Ebanos road improvements (0.265 acre).

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

Vote: 5 - 0 - Unanimously
 
13.
 
Precinct #4 - Comm. Palacios:
 
A.
AI-61308
Pct.4 Rd Maint (1200):
A. Approval of 2017 certification of revenues as certified by the County Auditors for revenues received from the Hidalgo county Drainage District No. 1 for reimbursements from the J-09 Drain Project.

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

Vote: 5 - 0 – Unanimously

B. Approval of 2017 appropriation of funds into Pct. 4 Rd. Maint. in the amount of $117,638.32.

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

Vote: 5 - 0 – Unanimously

Court proceeded to Item.15.A.
 
14.
 
Budget & Management:
 
A.
AI-61329
Domestic Violence Court Grant (1289)
Authorization and approval of 30 day grant extension for the Domestic Violence Court Grant, Grant No. 3110404.

Judge Rodolfo "Rudy" Gonzalez informed the court that they got an extension from the governor's office at no cost extension, to allocate for next month to finish the grant that was provided from last month. Additionally, they also received news from the governor's office informing that next year's grant for domestic violence was approved.

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

Vote: 3 - 0 - Unanimously

Court proceeded to Item .5.A.
Attachments:
 
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-61332
Requesting action to issue formal written Notice to Proceed effective September 1, 2017 for the fully executed agreement between Hidalgo County and Jacobs Project Management Co. for the provision of program management services for the design and construction of a New Hidalgo County Courthouse [contracts approved-CC 07-25-17].

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

Vote: 5 - 0 – Unanimously
Attachments:
 
2.
AI-61311
Approval to establish the following deadlines for the submission of requisitions for goods and/or services to order and receive prior to December 31, 2017 for General Fund and all other applicable funds:
  • Major purchases deadline: October 31, 2017
  • Daily purchases deadline: November 17, 2017
Commissioner Fuentes stepped away from the meeting.

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

Vote: 5 - 0 – Unanimously
 
3.
AI-61298
Pursuant to Texas Local Government  263.152 and a request from PSJA ISD-Sgt. Leonel Trevino Elementary action including, but not limited to the following:
A.  Approval to declare surplus and/or salvage unused badge holders (150ct)  which were found discarded in County warehouse [and research cannot determine origin of acquisition/purchase] with no useful purpose as no department has requested including HR which uses a different type for ID purposes;  AND,

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

Vote: 4 - 0 – Unanimously

B.  Approval to donate said badges to PSJA ISD-Sgt. Leonel Trevino Elementary for their students for safety purposes.

Martha Salazar informed that these badges are needed for security purposes for the children to create their ID's. Salazar underlined that these badges were found in the surplus warehouse. 

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

Vote: 4 - 0 – Unanimously
Attachments:
 
B.
 
Sheriff's Office:
 
1.
AI-61288
Pursuant to HCCC [Regular AI#57333/11-15-16] and the current agreement between Hidalgo County [SO] and MAO Westwood Pharmacy, Inc., dba, Westwood Pharmacy [Contract #E-17-023-12-13], approval to "Amend" Exhibit "B","B-1","B-2","B-3" to reflect the additional listing of legend and non-legend pharmaceuticals prescribed by physicians, titled Exhibit "B-4".

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

Vote: 4 - 0 - Unanimously
 
C.
 
Pct. 3
 
1.
AI-61095
Requesting authority to purchase one (1) 2018 Freightliner M2-106-70 equipped with one (1) Bergkamp FP5 Flameless Pothole Patcher for a total of $ 174,959.00, including delivery through requisition number 348351. Asset to be purchased with Hidalgo County's membership participation through Houston-Galveston Area Council of Governments, H-GAC, under contracts HT06-16 and SM10-16.

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

Vote: 4 - 0 – Unanimously
 
16.
 
Open Forum

1)
Fern McClaugherty disclosed concerns over the surplus of badges. Despite of the monitor's article informing of the reduction of taxes, McClaugherty stated that taxes have gone up.

Court recessed meeting at 10:31 a.m.
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:

Court reconvened regular meeting at 10:32 a.m.

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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-61306
Cause No. 7:09-CV-23; United States of America v. 0.78 Acres of Land, More or Less, Situated in Hidalgo County, State of Texas; and Augusto O. Champion, III, et al.; In the United States District Court of the Southern District of Texas McAllen Division

No action taken on this item.
 
D.
AI-61333
Claim of Juana Vasquez, Angel Diaz and minor Sofia Diaz

No action taken on this item.
 
E.
AI-61323
Claim of Ramona C. Aguilar

No action taken on this item.
 
F.
AI-61325
Claim of Anthony Hernandez

No action taken on this item.
 
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. Requesting 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)

No action taken on Item.18.A. and B.
 
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-61307
Cause No. 7:09-CV-23; United States of America v. 0.78 Acres of Land, More or Less, Situated in Hidalgo County, State of Texas; and Augusto O. Champion, III, et al.; In the United States District Court of the Southern District of Texas McAllen Division

Commissioner Palacios joined the meeting.

Valde Guerra requested the court to entertain action to accept waiver of service in the disclaimer document and authorize county judge to sign legal documents. 

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
 
D.
AI-61334
Claim of Juana Vasquez, Angel Diaz and minor Sofia Diaz

Case will be facilitated and handled by District Attorney Civil Division Office of Josephine Ramirez. 

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

Vote: 5 - 0 - Unanimously
 
E.
AI-61324
Claim of Ramona C. Aguilar

Valde Guerra requested for settlement authority to make an offer in the amount of $135.00

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

Vote: 5 - 0 – Unanimously
 
F.
AI-61326
Claim of Anthony Hernandez

Valde Guerra requested for settlement authority to make an offer in the amount of $2,611.27

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

Vote: 5 - 0 - Unanimously
 
20.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

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

No action taken on this item.
 
22.
 
Adjourn

On motion by COMMISSIONER PCT. 4, JOSEPH PALACIOS, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, 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 29th day of August, 2017

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 29, 2017.

Signed this 29th day of AUGUST 2017




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


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