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Minutes for CC - REGULAR

SPECIAL MEETING - April 2, 2019

BE IT REMEMBERED, that on this 2nd day of April 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
April 2, 2019
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 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 10:00 a.m.
All members of the Court were present for the meeting.
 
2.
 
Pledge of Allegiance

The entire court recited the Pledge of Allegiance.
 
3.
 
Prayer

Opening prayer was offered by Julia Sullivan.
 
4.
 
Approval of Consent Agenda

The court moved to approve the entire Consent Agenda with 6. A. to be subject to obtaining Purchase Order.

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
 
5.
 
Sheriff's Office:
 
A.
AI-69651
Discussion, consideration and approval to appoint Andreana S. Rios, student at Texas A&M University, as an intern under the Hidalgo County Sheriff's Office Law Enforcement Internship Program for the period of May 2019 to July 2019.

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: 5 - 0 – Unanimously
Attachments:
 
B.
AI-69701
Authorization to accept one (1) Yale Fork Lift Truck (Make: Yale, Model Year: 1980, Diesel, Serial # N546520) from the Texas LESO Program (formerly 1033 Program) and to include vehicle in the Hidalgo County Sheriff's Office asset inventory. 

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: 5 - 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 action to be taken on these items.
 
B.
AI-69665
Authorization and approval to purchase new wireless data service plans through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for Commissioner Pct. 1 and requesting authorization and approval to purchase GPS units and service for Tax Office vehicles from Unicom Government, Inc. through CONTRACT 4400006645-US Communities, Quote # QUT5202725 for the following:
 
Department: Description: Employee/ID: Service Plan:
Comm. Pct. 1 New data service Gilbert Gonzalez / 219606 Mobile Broadband Unl. + DTL 25GB @ $37.99/mo
Comm. Pct. 1 New data service Janie G. Rios / 203637 Mobile Broadband Unl. + DTL 25GB @ $37.99/mo
Tax Office New GPS service Office Use Rastrac service charge @ $21.71 X 4 units = $86.84/mo.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 -Unanimously 
 
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. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
B.
AI-69658
DA - VUCAP: Victims Unit Court Advocate Project Grant (1281):
Approval of the following personnel actions, effective next full pay period 04/15/2019:
Action Dept./ Prg. Slot # Position Title Grade
Delete 080-020 0012 Court Advocate 08
Create 080-020 0013 Coordinator II, Victims Assistance 11

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 
Attachments:
 
C.
AI-69659
Pct. 3 Sanitation (1100):
Approval to create a Temporary Full-Time position for 26 weeks beginning 04/15/2019 and ending 10/15/2019:
Action Dept./ Prg. Slot # Position Title Grade
Create 123-001 T052 Coordinator III 13


On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
                                               
 Vote: 5 - 0 – Unanimously 
Attachments:
 
D.
AI-69660
Budget & Management (1100):
Approval of the following personnel actions, effective next full pay period 04/15/2019:
Action Dept./ Prg. Slot # Current Position Title Requested Position Title Grade
Title Change 115-001 0014 Budget Clerk II Administrative Assistant III 08

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
                                               
 Vote: 5 - 0 – Unanimously 
Attachments:
 
E.
AI-69680
464th District Court (1100):
Approval of the following personnel actions, effective next full pay period 04/15/2019:
Action Dept./ Prg. Slot # Position Title Grade Interpreter Allowance
Add Interpreter Allowance 012-001 0003 Court Coordinator (DC) 16 $3,000.00
Add Interpreter Allowance 012-001 0006 Bailiff II (DC) 13 $3,000.00

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 
Attachments:
 
F.
AI-69684
DA - Domestic Violence Court Grant (1289)/ Crim DA (1100)/DA CCP59 (1223) :
Approval of the following personnel actions, effective upon Commissioners' Court approval:
Action Employee # Dept./Prg. Slot # Position Title Current Supplemental Allowance Amount Proposed Supplemental Allowance Amount Net
Change
Delete Supplemental Allowance 212334 080-002 0047 Assistant District Attorney III $18,320.00 $0.00 ($18,320.00)
Add Supplemental Allowance Vacant 080-007 0179 Assistant District Attorney III $0.00 $9,160.00 $9,160.00
Add Supplemental Allowance 219983 080-007 0182 Assistant District Attorney III $0.00 $9,160.00 $9,160.00

District Attorney requests no action taken on this item at the time, as adjustments are needed.
Moved to agenda item 13 Open Forum.
 
8.
 
Urban County:
 
A.
AI-69661
Request approval to reject all bids received for the 2017 Sullivan City Flood Drainage Improvements Project (El Faro Road) Bid No. 5017-77-0309-5000-7700- UCP-GVG.

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: 5 - 0 – Unanimously
 
9.
 
Community Service Agency:
 
A.
AI-69629
Discussion, consideration and possible action to accept recommendation of the Community Service Agency Advisory Board  regarding service delivery model for utility assistance program.

No action to be taken on this item.
 
10.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-69664
Requesting approval to enter into a Park Lease Agreement between the County of Hidalgo and Valley View ISD regarding the development of an all-inclusive park in Precinct 2 on Valley View ISD property to benefit its students and the citizens of Hidalgo County.

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: 5 - 0 – Unanimously
Approved Subject to Bond Counsel Review.

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: 5 - 0 – Unanimously
 
11.
 
Budget & Management:
 
A.
AI-69691
Discussion, consideration, and approval of the 2019 LRGVDC Road to Recycling Participation Acknowledgment.  

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: 5 - 0 – Unanimously
Attachments:
 
B.
 
Budget Appropriations:
 
1.
AI-69676
Pct 2 Cesar Chavez (Nolana-Bus 83) Rd Prj (1200):
Approval of 2019 appropriation of funds from the R&B unassigned fund balance for Pct 2 Cesar Chavez (Nolana-Bus 83) Road Project in the amount of $848,782.92 to fund project expenditures.

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
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 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-69630
Action to rescind Regular AI # 68938 [CC approved 02-12-19], in connection to the exemption/approval of a contract for [on call and as needed basis]  "Court Reporter Services" between HC and Maribel Hernandez.

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: 5 - 0 – Unanimously
 
B.
 
Pct. #2:
 
1.
AI-69711
Approval of Work Authorization No. 3 (with an estimated cost of $5,000.00) as submitted by Terracon Consultants, Inc., Contract No. C-18-221-08-28 to provide construction material testing services for the Pct 2 Administration Office- Parking Lot Repair Project.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

 Vote: 5 - 0 - Unanimously
Moved to agenda item 14 Closed Session.
Attachments:
 
13.
 
Open Forum

Fern McClaugherty addresses concerns with the outstanding balance of $322,048.42 for lighting in the colonias.

Moved back to agenda item 8.A.
Attachments:
 
14.
 
Closed Session:
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, 551.072 & 551.074 to discuss the following:

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 - Unanimously
 
A.
 
Real Estate Acquisition
 
B.
 
Pending and/or potential litigation
 
C.
AI-69681
Evaluation, duties, discipline and employment of Veterans Service Officer
 
D.
AI-69632
Claim of Anrige, Inc. D/B/A A Clean Portoco
 
E.
AI-69621
Claim of Consuelo Rodriguez
 
F.
AI-69642
Claim of Israel Iracheta and Alma Rosa Iracheta
 
G.
AI-69635
Civil No. 15-CV-435; Gregorio Trevino, Jr. et al v Hidalgo County et, al
 
H.
AI-69638
Cause No. C-1915-18-F; Patricia Love & Celeste Rodriguez v County
 
I.
AI-69645
Cause #CL-17-4741-B; Abelino Rodriguez ind. and anf of I.L.R, a minor v. County of Hidalgo
 
J.
AI-69687
Cause #C-5730-16-F; Hidalgo County v. Descon Construction, LP et al
 
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."

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)
 
16.
 
Open Session:
 
A.
 
Real Estate Acquisition and appropriation for same

No action to be taken at this time.
 
B.
 
Pending and/or potential litigation

No action to be taken at this time.
 
C.
AI-69682
Evaluation, duties, discipline and employment of Veterans Service Officer

No action to be taken at this time.
 
D.
AI-69633
Claim of Anrige, Inc. D/B/A A Clean Portoco

No action to be taken at this time.
 
E.
AI-69622
Claim of Consuelo Rodriguez

Valde Guerra requested for settlement authority to make an offer in the amount of $122.89.

On motion by COMMISSIONER PCT. 3, JOE FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
                                               
 Vote: 5 - 0 – Unanimously
 
F.
AI-69644
Claim of Israel Iracheta and Alma Rosa Iracheta

Valde Guerra requested for the Court to entertain a motion in settlement of this claim in the amount of $25,000 for Israel Iracheta and his attorneys Loncar and Associates.  Mr. Guerra also request a motion in settlement of this claim in the amount of $30,000 for Alma Rosa Iracheta and her attorneys Loncar and Associates.

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
 
G.
AI-69636
Civil No. 15-CV-435; Gregorio Trevino, Jr. et al v Hidalgo County et, al

Valde Guerra requested for the Court to entertain a motion for partial settlement of the case as approved by the insurance company.

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
 
H.
AI-69639
Cause No. C-1915-18-F; Patricia Love & Celeste Rodriguez v County

Valde Guerra requested for the Court to entertain a motion in settlement of this cause as follows: $35,000 to Patricia Love and $27,500 to Celeste Rodriguez.

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: 5 - 0 – Unanimously
 
I.
AI-69646
Cause #CL-17-4741-B; Abelino Rodriguez ind. and anf of I.L.R, a minor v. County of Hidalgo

Valde Guerra requested for the Court to entertain a motion in settlement of cause as follows: $10,208.34 payable to Rubio and Associates, $176.28 payable to First Recovery Group for the benefit of Hiram L Rodriguez, $7365.38 to Hidalgo County Clerk for the use and benefit of Hiram L Rodriguez to be deposited in the Registry of the Court.

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: 5 - 0 – Unanimously
 
J.
AI-69688
Cause #C-5730-16-F; Hidalgo County v. Descon Construction, LP et al

Valde Guerra requested the court to entertain a motion to approve settlement that is in the process of being documented by the mediator with the parties documented in the mediators documentation.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval.

Vote: 5 - 0 – Unanimously
 
17.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
 
18.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
 
19.
 
Adjourn

Judge Richard Cortez adjourned the meeting at 11:34 a.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 2nd day of April, 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 April 2, 2019.

Signed this 2nd day of April 2019




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


By: ____________________________
(Seal) Melissa S. Montalvo, Deputy