SPECIAL MEETING - April 16, 2019
BE IT REMEMBERED, that on this 16th 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 16, 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 9:50 a.m.
Commissioner Joe Flores was not present during roll call.
Judge Richard Cortez called the meeting to order at 9:50 a.m.
Commissioner Joe Flores was 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 Julia Sullivan.
Opening prayer was offered by Julia Sullivan.
4.
Approval of Consent Agenda
The Court moved to approve the entire consent agenda.
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: 4 - 0 -Unanimously
The Court moved to approve the entire consent agenda.
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: 4 - 0 -Unanimously
5.
County Judge's Office:
A.
AI-69940
Resolution in support of MPO merger
Commissioner Joe Flores joined the meeting at 9:54 a.m.
This resolution is only for support of the merger it has no activating language. The resolution with terms and conditions will be brought before next weeks Commissioners Court meeting.
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
Commissioner Joe Flores joined the meeting at 9:54 a.m.
This resolution is only for support of the merger it has no activating language. The resolution with terms and conditions will be brought before next weeks Commissioners Court meeting.
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
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.
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-69898
Discussion and Action on submitting letter to Texas Department of Public Safety-Texas Division of Emergency Managment (TDEM) requesting the moving of project application from DR-4332 to DR-4377 to be considered under the Hazard Mitigation Grant Program (HMGP) (Pct. 1 Drainage Improvements Project #DR-4332-TX-295)
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
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:
C.
AI-69927
Title VI/Nondiscrimination:
Discussion, consideration, and approval of revisions to the Hidalgo County Title VI/Nondiscrimination Plan.
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
Discussion, consideration, and approval of revisions to the Hidalgo County Title VI/Nondiscrimination Plan.
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
D.
AI-69935
Acceptance and approval of settlement check of insurance proceeds in the amount of $265,000.00 - (G. Trevino et.al v. County)
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
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
Attachments:
7.
Juvenile Probation:
A.
AI-69941
Discussion, consideration and action approving the application submitted by Juvenile Probation for the OJJDP FY 2019 Second Chance Act Grant.
This grant supports children with incarcerated parents. It provides mentoring and counseling for these children. The grant will be for $500,000 spread out over a 3 year period.
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
This grant supports children with incarcerated parents. It provides mentoring and counseling for these children. The grant will be for $500,000 spread out over a 3 year period.
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
Attachments:
8.
Budget & Management:
A.
AI-69942
Consider and approve a resolution authorizing publication of the County's Notices of Intent to Issue Certificates of Obligation in an amount not to exceed $29,000,000 as authorized under state law for purposes of paying contractual obligations of the County to be incurred for certain projects and to pay for the cost of issuance of the certificates of obligations and making other provisions regarding matters incident thereto.
No action to be taken on this item until after Workshop.
Discussion and Approval of agenda item occurred thru Workshop.
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
The Court moved to agenda item 16. Adjourn.
No action to be taken on this item until after Workshop.
Discussion and Approval of agenda item occurred thru Workshop.
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
The Court moved to agenda item 16. Adjourn.
Attachments:
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.
Hidalgo County
1.
AI-69875
Action to rescind Regular AI #69312 [CC approved on March 12, 2019], in connection to the exemption/approval of a contract for [on call and as needed basis] "Court Reporter Services" between HC and Ruth Weese.
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
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:
B.
IT Department
1.
AI-69888
Action to document , record and confirm the awarded proposal [as recommended by project engineer, Halff & Associates engaged by CC-R/AI#65905 07-31-18 for the NOC Project to NOBLE Texas Builders [job order contractor thru BuyBoard contract #BB-512-16/11-30-21], in the amount of $122,055.00 as evidenced by PO #79359 including the notice to proceed dated 2-20-19 for the Hidalgo County IT Department for the Renovation to HC Annex Bldg. "NOC" (Network Operation Center).
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
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
Attachments:
C.
Co. Wide
1.
AI-69863
Discussion, consideration and action on final negotiated Service Contract with inclusion of additional negotiated terms and modifications to the original Service Contract C-19-008-03-26 between Hidalgo County and Easy Access, Inc for Credit Card Payment System services, action taken on CC 03/26/19 AI-69274.
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
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
10.
Open Forum
Fern McClaughtery questions why actions are being taken on items and then the items are being rescinded the next week. She also voiced concerns over the colonias unpaid street light balance in excess of $330,000.
Fern McClaughtery questions why actions are being taken on items and then the items are being rescinded the next week. She also voiced concerns over the colonias unpaid street light balance in excess of $330,000.
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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 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. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval.
Vote: 5 - 0 – Unanimously
A.
Real Estate Acquisition
B.
Pending and/or potential litigation
C.
AI-69933
Cause #C-5730-16-F; Hidalgo County v. Descon Construction, LP et al
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."
No action to be taken on this item.
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 to be taken on this item.
No action to be taken on this item.
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 to be taken on this item.
13.
Open Session:
Attachments:
A.
Real Estate Acquisition and appropriation for same
No action to be taken on this item.
No action to be taken on this item.
B.
Pending and/or potential litigation
Proceed as directed.
Proceed as directed.
C.
AI-69934
Cause #C-5730-16-F; Hidalgo County v. Descon Construction, LP et al
Commissioner David Fuentes joined the meeting.
Valde Guerra requested for settlement authority to accept the settlement agreement already in place and authorize the County Judge to sign all related documents.
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
Commissioner David Fuentes joined the meeting.
Valde Guerra requested for settlement authority to accept the settlement agreement already in place and authorize the County Judge to sign all related documents.
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
14.
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
No action to be taken.
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
No action to be taken.
15.
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
No action to be taken.
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
No action to be taken.
16.
Adjourn
Judge Richard Cortez moved to recess at 10:19 a.m.
The Court moved to Workshop.
The Court reconvened from Workshop to agenda item 8.A.
Judge Richard Cortez adjourned the Court at 11:18 a.m.
Judge Richard Cortez moved to recess at 10:19 a.m.
The Court moved to Workshop.
The Court reconvened from Workshop to agenda item 8.A.
Judge Richard Cortez adjourned the Court at 11:18 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 16th 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 16, 2019.
Signed this 16th 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
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 16th 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 16, 2019.
Signed this 16th 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