SPECIAL MEETING - March 5, 2019
BE IT REMEMBERED, that on this 5th day of March 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 March 5, 2019 1:30 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 1:31 p.m.
Commissioner Ellie Torres and Commissioner David L. Fuentes were not present during roll call.
Judge Richard Cortez called the meeting to order at 1:31 p.m.
Commissioner Ellie Torres and Commissioner David L. Fuentes were not present during roll call.
2.
Pledge of Allegiance
The court recited the Pledge of Allegiance.
The court recited the Pledge of Allegiance.
3.
Prayer
Opening prayer was offered by Martha Salazar.
Opening prayer was offered by Martha Salazar.
4.
Approval of Consent Agenda
The court moved to approve the entire consent agenda.
The court moved to approve the entire consent agenda.
5.
Justices of the Peace:
A.
AI-68857
JP. Pct. 2, Pl. 2:
Requesting declaration of public purpose pursuant to the Tex. Const. Art. 3 Sec. 52. for the purchase of promotional items
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: 3 - 0 –Unanimously
Requesting declaration of public purpose pursuant to the Tex. Const. Art. 3 Sec. 52. for the purchase of promotional items
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: 3 - 0 –Unanimously
Attachments:
6.
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
No discussion on these items.
The Court moved to Open Forum.
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting
No discussion on these items.
The Court moved to Open Forum.
B.
AI-69180
Approval to accept settlement check from Fred Loya Insurance Agency in the amount of $2,730.88 to settle property damages claim to County property. (J.P. Precinct 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: 3 - 0 – Unanimously
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: 3 - 0 – Unanimously
C.
AI-69181
Approval to accept settlement check from PrimeLine Utility Services in the amount of $795.32 to settle auto accident claim with County vehicle. (Health Dept.)
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: 3 - 0 – Unanimously
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: 3 - 0 – Unanimously
D.
AI-69182
Approval to accept settlement check from HDI Global Insurance Company in the amount of $2,500.00 to settle auto accident claim with County vehicle. (Head Start)
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: 3 - 0 – Unanimously
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: 3 - 0 – Unanimously
E.
AI-69192
Facilities Management:
Approval to accept rebate check #00589324, dated 2/15/19 from vendor Home Depot in the amount of $1,051.69 for purchases made from 1-1-18 through 12-31-18
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: 3 - 0 – Unanimously
Commissioner Ellie Torres joined the meeting at 1:40 p.m.
Approval to accept rebate check #00589324, dated 2/15/19 from vendor Home Depot in the amount of $1,051.69 for purchases made from 1-1-18 through 12-31-18
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: 3 - 0 – Unanimously
Commissioner Ellie Torres joined the meeting at 1:40 p.m.
Attachments:
7.
Human Resources:
A.
Requesting waiver of the Budget Amendment Policy - Personnel Related Amendments (if applicable) for personnel items listed
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
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-69229
Pct. 2 Parks (1100):
Approval of the following personnel actions, effective upon Commissioners' Court approval:
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
Approval of the following personnel actions, effective upon Commissioners' Court approval:
| Action | Dept./ Prg. | Slot # | Current Position Title | Requested Position Title | Grade |
| Title Change | 122-008 | 0038 | Maintenance III | Clerk IV | 07 |
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
8.
Budget & Management:
A.
AI-69233
Texas VINE Grant (1283):
Approval to submit the FY19 Texas Vine Grant reimbursement maintenance invoice in the amount of $7,136.69 (2nd Quarter) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with the authority for the County Judge to sign the required documents.
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
Approval to submit the FY19 Texas Vine Grant reimbursement maintenance invoice in the amount of $7,136.69 (2nd Quarter) and the Texas Statewide Automated Victim Notification Service (SAVNS) County Verification of Continuing Production Record with the authority for the County Judge to sign the required documents.
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
Attachments:
B.
AI-69225
Flood Ctrl Wtr Extract (1100):
1. Approval to undesignate the amount of $459,775.59 in the year 2019 for expenditures related to the Flood Ctrl Wtr Extract 2018. 2. Approval of 2019 appropriation of funds in the amount of $459,775.59 to fund expenditures.
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
1. Approval to undesignate the amount of $459,775.59 in the year 2019 for expenditures related to the Flood Ctrl Wtr Extract 2018. 2. Approval of 2019 appropriation of funds in the amount of $459,775.59 to fund expenditures.
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
Attachments:
C.
AI-69218
Approval to revise salary schedule as per Exhibit A in accordance with Hidalgo County Classification and Compensation Pay Plan.
No action taken on this item.
No action taken on this item.
9.
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. 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.
AI-69124
1. Approval to rescind action previously taken by Commissioner's Court on 1/9/2019 AI#68359;
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
2. Acceptance and approval to execute AIA Document A133-2009 Guaranteed Maximum Price Amendment No. 1 between Hidalgo County and contractor, Erickson Construction, LLC. for the "Pct 2 Las Milpas Park Youth Facility" Project through Contract No. C-17-324-07-17, in the amount of $73,459.42 with authority to issue a Notice to Proceed [NTP], subject to legal counsel's final review and approval.
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
Julia Sullivan introduced students from James Madison University. They attended the meeting to witness the court process. These students are in the valley spending their spring break doing community service with LUPE.
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
2. Acceptance and approval to execute AIA Document A133-2009 Guaranteed Maximum Price Amendment No. 1 between Hidalgo County and contractor, Erickson Construction, LLC. for the "Pct 2 Las Milpas Park Youth Facility" Project through Contract No. C-17-324-07-17, in the amount of $73,459.42 with authority to issue a Notice to Proceed [NTP], subject to legal counsel's final review and approval.
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
Julia Sullivan introduced students from James Madison University. They attended the meeting to witness the court process. These students are in the valley spending their spring break doing community service with LUPE.
Attachments:
10.
Open Forum
Fern McClaugherty has concerns with elected officials, not county officials, holding workshops during regular business hours. She was uncertain if these elected officials were clocking out or taking time off or not. The concern is whether these officials are doing elected duties on county time.
Norma Herrera from LUPE, La Union del Pueblo Entero, reiterated the family unity/family health report that was presented a few weeks ago. The report stated when children and parents fear detention and deportation their health suffers. These children suffer from PTSD which effects their schooling. Parents fear driving which could potentially lead to minor infractions causing them to be separated from their children. The concern is due to local cops, sheriffs, and constables collaborating with Immigration and Customs Enforcement (ICE). Families in turn fear interacting with these entities for fear of being reported to ICE. When these local entities collaborate, hold and deport people for ICE indiscriminately they are essentially doing the job of ICE with tax funded resources; contributing to their fears. She asks for transparency from these local entities and their collaboration with federal immigration officials. She would like help obtaining public records of requests from ICE to detain immigrants in our county jails.
Court moved to 6.A.
Fern McClaugherty has concerns with elected officials, not county officials, holding workshops during regular business hours. She was uncertain if these elected officials were clocking out or taking time off or not. The concern is whether these officials are doing elected duties on county time.
Norma Herrera from LUPE, La Union del Pueblo Entero, reiterated the family unity/family health report that was presented a few weeks ago. The report stated when children and parents fear detention and deportation their health suffers. These children suffer from PTSD which effects their schooling. Parents fear driving which could potentially lead to minor infractions causing them to be separated from their children. The concern is due to local cops, sheriffs, and constables collaborating with Immigration and Customs Enforcement (ICE). Families in turn fear interacting with these entities for fear of being reported to ICE. When these local entities collaborate, hold and deport people for ICE indiscriminately they are essentially doing the job of ICE with tax funded resources; contributing to their fears. She asks for transparency from these local entities and their collaboration with federal immigration officials. She would like help obtaining public records of requests from ICE to detain immigrants in our county jails.
Court moved to 6.A.
Attachments:
11.
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. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
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. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
A.
Real Estate Acquisition
No action taken on this item.
No action taken on this item.
B.
Pending and/or potential litigation
No action taken on this item.
No action taken on this item.
C.
AI-69208
Claim of Pierre Luis Garza
No action taken on this item.
No action taken on this item.
D.
AI-69222
C-2728-17-J; Dora Alicia Garza Ind., Dora Alicia Garza, et al v. Hidalgo County Sheriff's Office
No action taken on this item.
No action taken on this item.
12.
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)
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)
No action taken on these items.
13.
Open Session:
A.
Real Estate Acquisition and appropriation for same
No action taken on this item.
No action taken on this item.
B.
Pending and/or potential litigation
No action taken on this item.
No action taken on this item.
C.
AI-69209
Claim of Pierre Luis Garza
Valde Guerra requested for settlement authority to make an offer in the amount of $1,504.21.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
Valde Guerra requested for settlement authority to make an offer in the amount of $1,504.21.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
Vote: 4 - 0 – Unanimously
D.
AI-69223
C-2728-17-J; Dora Alicia Garza Ind., Dora Alicia Garza, et al v. Hidalgo County Sheriff's Office
No action to be taken but will proceed as directed.
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
No action to be taken but will proceed as directed.
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
14.
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
No action to be taken on this item.
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
No action to be taken on this item.
15.
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
No action to be taken on this item.
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
No action to be taken on this item.
16.
Adjourn
Judge Richard Cortez adjourned the meeting at 2:07 p.m.
Judge Richard Cortez adjourned the meeting at 2:07 p.m.
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 5th day of March, 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 March 5, 2019.
Signed this 5th day of March 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 5th day of March, 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 March 5, 2019.
Signed this 5th day of March 2019
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Melissa S. Montalvo, Deputy