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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - April 21, 2020

BE IT REMEMBERED, that on this 21st day of April A.D., 2020, 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 21, 2020
10:00 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 (Audio Reference 20m:16s)

Judge Cortez called the meeting to order at 10:36 A.M.

All members of the board were present.
 
2.
 
Pledge of Allegiance (Audio Reference 22m:20s)

Judge Cortez led the court in reciting the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 22m:35s)

Judge Cortez offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 23m:57s)

The court proceeded to the approval of the Consent Agenda.

Valde Guerra asked the court to pull from the Consent Agenda items, 9.A, 9.B, 10.D, and 10.F. for further discussion.

Commissioner Flores stepped away from the meeting and returned during the discussion of the Consent Agenda items.

The court proceeded to item 21 - Open Forum after the approval of the Consent Agenda.
 
5.
 
Sheriff's Office:
 
A.
AI-75153
Requesting authorization for the County Judge as Chief Executive Officer to sign the Certifications and Assurances by the Chief Executive of the Applicant Government as requested by the U.S. Department of Justice Office of Justice Programs Edward Byrne Justice Assistance Grant Program FY 2019 (Audio Reference 37m:54s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.A.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
AI-75141
Coronavirus Emergency Supplemental Funding Program (CESF) FY 20200 (JAG) 1282: (Audio Reference 38m:39s)
1. Authorization and approval to apply for the Coronavirus Emergency Supplemental Funding Program (CESF) FY 2020 with the U.S. Department of Justice.
2. Discussion, consideration, review, and approval of the program Application/Strategies/Narrative for the grant.
3. Authorization for County Judge to sign OMB No. 4040-0004 as Authorized Representative ("AOR").
4. Authorization for County Judge to sign OMB No. 1121-0329 as Authorized Representative ("AOR").
5. Authorization for County Sheriff to sign OMB No. 0348-0046 as Hidalgo County Sheriff's Office Department Head. 
6. Authorization for the County Judge to certify the required documentation and application under Grants Management System as authorized official.

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 on item 5.B.1, 2, 3, 4, 5, & 6.

Vote: 5 - 0 - Unanimously
 
C.
AI-75152
Authorization and Approval of Emergency Medical Program Affiliation Agreement for EMS Personnel between the Hidalgo County Sheriff's Office and South Texas Health System with authorization for Hidalgo County Sheriff Eddie Guerra, as authorized official, to sign the affiliation agreement. (Audio Reference 40m:00s)

Commissioner Cantu stepped away from the meeting.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 5.C.

Vote: 4 - 0 – Unanimously
 
6.
 
Constable Pct. #2:
 
A.
AI-75169
Operation Stonegarden FY 2020: (Audio Reference 40m:39s)
Authorization to request a grant adjustment for a 1 month extension for FY 2020 Operation Stonegarden (grant #3174804) with authority for Co. Judge to certify adjustment on eGrants.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 6.A.

 Vote: 4 - 0 - Unanimously
Attachments:
 
7.
 
Constable Pct. #4:
 
A.
AI-75140
Discussion, consideration and approval to appoint Juan Ricardo Guzman, Jr., Cesar Adan Perales and Casey John Mendoza as Deputy Constables by Constable A. "J.R." Gaitan, Constable Pct. 4 in accordance with Texas Local Government Code Section 86.011. (Audio Reference 41m:15s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 7.A.

Vote: 4 - 0 – Unanimously
Attachments:
 
8.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 41m:52s)
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting

Valde Guerra stated that no action was to be taken on item 8.A.1 & 2.

Commissioner Cantu rejoined the meeting.
 
B.
AI-75151
Requesting approval to submit Application to Texas State Library and Archives Commission for Accreditation in State Library System with authority for County Judge to sign (Audio Reference 42m:00s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 8.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-75236
Requesting authorization and approval to apply for two building permits with the City of Edinburg for portable buildings for the purpose of facilitating COVID-19 response measures, with authority for the County Judge and/or Executive Officer to execute the application. (Audio Reference 42m:19s)

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:
 
9.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed: (Audio Reference 42m:43s)
1. Civil Service Commission Rules - Section 3.22
2. Hidalgo County Personnel Policy Manual - Section 6.27
3. Budget Amendment Policy - Personnel Related Amendments

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 9.A 1, 2, & 3.

Vote: 5 - 0 – Unanimously
 
B.
AI-75257
Discussion, Consideration, and Action to extend Group Dismissal of County of Hidalgo Employees by the governing authority due to the COVID-19 public health emergency, from April 27, 2020 to May 8, 2020, per the Commissioners’ Court action on March 24, 2020, Agenda Item #74972.

The court continued to item 9.C, and returned to this item at a later time in the meeting.

Valde Guerra stated the dates for the extension of the Group Dismissal. In which he stated April 27,2020 to May 8, 2020. (Audio Reference 1h:44m 33s)

Josephine Ramirez with the District Attorney's office stated the follow conditions to the extension which are: 1.) County elected offices and departments will continue to determine which employees will be required to do telework 2.) The county departments will continue to submit operational plans to the executive officer for approval. 3.) This item will exclude precinct field operations.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on the extension dates and stated conditions.

Vote: 3 - 0 - Unanimously 

The court proceeded to item 24.A.
 
C.
AI-75212
Pct. 3 Road Maintenance (1200): (Audio Reference 43m:58s)
Approval of the following personnel actions, effective next full pay period 04/27/2020:
Action Dept./ Prg. Slot # Position Title Grade
Create 123-005 0117 Road Maintenance Foreman 13

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 on item 9.C.

Vote: 5 - 0 - Unanimously
 
D.
AI-75074
Tax Office (1100): (Audio Reference 44m:35s)
1. Approval of the following personnel actions, effective next full pay period 04/27/2020:
Action Dept./ Prg. Slot # Position Title Grade  
Delete 140-001 0090 Deputy Clerk I 05
Delete 140-001 0091 Deputy Clerk I 05
Delete 140-001 0167 Deputy Clerk I 05
Delete 140-001 0177 Clerk II 03
Delete 140-001 0182 Clerk II 03
Create 140-001 0230 Supervisor I 09
Create 140-001 0231 Deputy Clerk II 07
Create 140-001 0232 Deputy Clerk II 07
Create 140-001 0233 Deputy Clerk II 07
Create 140-004 0005 Scofflaw Technician IV 10

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.D.1.

Vote: 5 - 0 -Unanimously 

2. Approval to revise the (CCP) Classified Positions List to include the new Scofflaw Technican IV position. (Audio Reference 46m:03s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.D.2.

Vote: 5 - 0 -Unanimously 
 
E.
AI-75204
Community Service Agency (3300): (Audio Reference 46m:20s)
Approval of the following personnel actions, effective next full pay period 04/27/2020:
Action Dept./ Prg. Slot # Position Title Grade
Create 901-033 0049 Eligibility Worker II $29,801.00
Create 901-033 0050 Eligibility Worker II $29,801.00
Create 901-033 0051 Eligibility Worker II $29,801.00
Create 901-033 0052 Case Study Manager $32,115.00
Create 901-033 0053 Case Study Manager $32,115.00
Create 901-033 0054 Case Study Manager $32,115.00
Create 901-033 0055 Data Entry Processing Clerk $25,709.00
Create 901-033 0056 Data Entry Processing Clerk $25,709.00
Create 901-033 0057 Data Entry Processing Clerk $25,709.00
Create 901-033 0058 Accountant I $33,439.00
Create 901-033 0059 Technician I $25,555.00

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 9.E.

Vote: 5 - 0 -Unanimously
Attachments:
 
F.
AI-75193
Health & Human Services COVID-19 (1293): (Audio Reference 47m:40s)
1. Approval of the following personnel actions, effective upon Commissioner's Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Create 340-076 0009 COVID-19 Epidemiologist I 13
Create 340-076 0010 COVID-19 Epidemiologist I 13
Create 340-076 0011 COVID-19 Licensed Vocational Nurse II 11
Create 340-076 0012 COVID-19 Public Health Specialist II 11

The court recessed the meeting due to technical difficulties at 11:04 A.M and resumed the meeting at 11:24 A.M. (Audio Reference 49m:49s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 9.F.1. (Audio Reference 51m:24s)

Vote: 5 - 0 -Unanimously 

2. Approval to revise the (CCP) Classified Positions List to include the new COVID-19 positions. (Auido Reference 52m:19s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 9.F.2.

 Vote: 5 - 0 - Unanimously
 
10.
 
Urban County:
 
A.
AI-75182
Hold a Public Hearing to consider public comments for revision to the Hidalgo County Urban County Program’s Citizen Participation Plan. Notice to the Public Hearing was published on April 16, 2020. (Audio Reference 52m:38s)

Judge Cortez called the public hearing to order at 11:26 A.M., in which there were no participants and closed the public hearing.

No action was taken item 10.A.
Attachments:
 
B.
AI-75158
Approval of a Proclamation declaring April 2020 Fair Housing Month, and authorizing County Judge and County Clerk to sign any and all documents relating to this agenda. (Audio Reference 53m:35s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 10.B.

Vote: 5 - 0 - Unanimously 
 
C.
AI-75175
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with Foremost Paving, Inc., the lowest responsible bidder in the amount of $459,382.00 utilizing UCP funds from Fiscal Years 28-31 (2015- 2018) La Joya Street Improvement Funds. (Audio Reference 53m:38s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 10.C.

Vote: 5 - 0 – Unanimously
 
D.
AI-75160
Approval of land acquisition of Parcel of land needed for the City of La Villa Sewer Plant-Buffer Zone (5. Acres). Utilizing Hidalgo County Urban County Program Pct. #1 Water/Sewer Improvement Funds. (Audio Reference 54m:36s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 10.D.

 Vote: 5 - 0 - Unanimously
 
11.
 
IT Department:
 
A.
AI-75241
Authorization and approval to purchase new wireless service plans through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following: (Audio Reference 55m:10s)
Department: Employee Name/ID: Description: Qty: Service Plan: Equipment/Cost:
WIC Office Use New Data Cards 9 Custom 4G Unl. MB Plan w/MBP for National Security, Public Safety & First Responders @ $37.99/ea per month Verizon Jetpack 8800L @ $0
Human Resources Erika G. Reyna/ 148229 New Data Card 1 Custom 4G Unl. MB Plan w/MBP for National Security, Public Safety & First Responders @ $37.99 per month Verizon Jetpack 8800L @ $0
Facilities Management Oscar Villarreal/ 237540 New Cell Phone 1 4G CUSTOM NATIONWIDE UNL MINS + MSG UNL + EMAIL&DATA UNL @ $39.99/MO iPhone Xs 64GB @ $0

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 11.A.

Vote: 5 - 0 - Unanimously
 
12.
 
Health & Human Services Department:
 
A.
AI-75190
Requesting approval to submit amendment request to Department of State Health Services to add $723,818.00 to the COVID-19 grant program for COVID-19 response. (Audio Reference 55m:38s)

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 on item 12.A.

Vote: 5 - 0 - Unanimously
Attachments:
 
13.
 
Fire Marshal's Office:
 
A.
AI-75208
Discussion, consideration and approval to authorize the County Judge to make a final determination to allow the sale and use of fireworks for Memorial Day Weekend, subject to existing weather and climate conditions. (Audio Reference 56m:03s)

Judge Cortez stated that the action taken on this item would be to implement certain restrictions for the safety of others if conditions permit the sale and use of fireworks for Memorial Day weekend.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 13.A.

Vote: 5 - 0 -Unanimously 
 
14.
 
Community Service Agency:
 
A.
AI-75200
Discussion, consideration, and authorization to approve the Community Service Block Grant (CSBG) Discretionary Funds from the Texas Department of Housing and Community Affairs for COVID-19 related response, and authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 58m:04s)

Jaime Longoria from the CSA department stated that the State of Texas separates funds in the event of a natural disaster as a temporary response. The amount for this particular grant for COVID - 19 virus relief was $86,748.00. Longoria stated that a grant for $2M and $4.5M for additional utility assistance are still pending to be received.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 14.A.

Vote: 5 - 0 -Unanimously 
Attachments:
 
B.
AI-75191
Discussion, consideration, and possible action to adopt the COVID-2019 Disaster Assistance Matrix as recommended by action of the Community Service Advisory Board. (Audio Reference 59m:43s)

Jaime Longoria from the CSA department stated that the Community Service Advisory Board is producing a menu of available services for the citizens of Hidalgo County who have been directly impacted by the COVID-19 virus.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 14.B.

 Vote: 5 - 0 - Unanimously
Attachments:
 
15.
 
Head Start Program:
 
A.
AI-75155
Discussion/Approval on Revision to the Head Start Program Calendars Relating to COVID-19 Outbreak and to Align with Partnering Public School Districts (Audio Reference 1h:05m:26s)

Teresa Flores with the Head Start Program requested authority to adjust school calendar days as needed.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 15.A.

 Vote: 5 - 0 - Unanimously
 
B.
AI-75157
Discussion/Approval of Priority Guidelines for Selection and Enrollment PY2020-2021 (Audio Reference 1h:08m:07s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 15.B.

Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-75156
Discussion/Approval to Submit a Supplemental Application for a Cost-of-Living Adjustment (COLA) and Quality Improvement Funds (Audio Reference 1h:09 24s)

Teresa Flores from the Head Start Program stated that a letter was received by the department stating their eligibility for a non competitive 5 year grant award to operate the program in the amount of $140M beginning in 2021. She further stated that $547,796.00 will be received for COLA and $981,540.00 for Quality Improvement Funds.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 15.C.

 Vote: 5 - 0 - Unanimously
Attachments:
 
16.
 
WIC:
 
A.
AI-75148
WIC ADMIN - Prog 001 (1292): (Audio Reference 1h:23m 05s)
Requesting approval for County Judge to e-sign the HHSC Contract No.2017-049851-001 Signature Page for Amendment No.5.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 16.A.

 Vote: 5 - 0 - Unanimously
 
17.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-75238
Discussion, consideration and approval of a Contribution-In-Aid-of-Construction Agreement for Electric Distribution Service with AEP (American Electric Power) for the relocation of electrical facilities/service for the Pct 2 Javelina Drive Extension Project. (Audio Reference 1h:23 39s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 17.A.

Vote: 5 - 0 -Unanimously 
Attachments:
 
B.
AI-75245
Requesting approval of Amendment No. 2 to the Interlocal Cooperation Agreement with Hidalgo County Irrigation District No. 2 approved by CC 12/11/18(AI#68029) and 7/1/19 (AI#71098) to allow Hidalgo County Irrigation District No. 2 to reconstruct the irrigation pipeline for the Pct 2 Javelina Drive Extension Project. (Audio Reference 1h:24m 26s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 17.B.

Vote: 5 - 0 - Unanimously
 
18.
 
Precinct #4 - Comm. Torres:
 
A.
AI-75144
Requesting approval of Interlocal Agreement by and between Hidalgo County and Hidalgo County Drainage District No. 1 as it relates to a "Drainage Study and Assessment" for Hidalgo County Precinct No. 4. (Audio Reference 1h:25m 03s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 18.A.

Vote: 5 - 0 – Unanimously
 
19.
 
Budget & Management:
 
A.
AI-75218
Discussion, consideration and approval to opt-in in Aetna's CVS Health and Aetna Liberalization Program, which covers inpatient treatment by participating providers of COVID-19 diagnoses and related complications at 100%. (Audio Reference 1h:25m 34s)

Commissioner Fuentes abstained from any discussion and/or action on item 19.A.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 19.A.

Vote: 4 - 0 -Unanimously 
 
B.
AI-75174
Approval of medical coverage for the temporary employee listed below as per the Affordable Care Act (ACA) IRS Code Section 4980H - Shared responsibility for employers regarding health insurance.
1. E#029068 effective 5/1/20 (Audio Reference 1h:32m 19s)

Commissioner Fuentes abstained from any discussion and/or action on item 19.B.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 19.B.

Vote: 4 - 0 -Unanimously 
 
C.
AI-75145
Various Departments: (Audio Reference 1h:32m 49s)
Approval of salary schedule changes as per Exhibit A in accordance with Hidalgo County Classification and Compensation Pay Plan.

Commissioner Flores stepped away from the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 19.C.
                                                        
 Vote: 4 - 0 – Unanimously
 
D.
 
Budget Appropriations:
 
1.
AI-75215
TXDOT-Pct 1 M6W(US83-SH107)(1315): (Audio Reference 1h:33m 33s)
Approval of 2020 certification of revenues as certified by the County Auditor for revenues received from TXDOT for the project close-out of Mile 2W (CSJ:0921-02-170) and appropriation of certified funds in the amount of $284,674.86 into the Pct 1-M6W Project to fund Phase II ROW Services.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 19.D.1.

Vote: 4 - 0 -Unanimously 
Attachments:
 
2.
AI-75149
CC Records Archive (1100): (Audio Reference 1h:34m 09s)
Approval of appropriation of funds from the General Fund Restricted Fund Balance - CC Records Archive for CC Records Archive in the amount of $501,480.00 to fund the preservation of books.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 19.D.2.
                                                        
 Vote: 4 - 0 – Unanimously
 
20.
 
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-75235
Requesting approval and execution of an "Easement and Right of Way" agreement with  AEP Texas Inc., for the new construction of, "Hidalgo County Courthouse."  (Audio Reference 1h:34m 44s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 20.A.1.
                                                        
 Vote: 4 - 0 – Unanimously
Attachments:
 
2.
AI-75250
Acceptance and approval to execute Amendment No. 7 between Hidalgo County and Architect, HDR Architecture, Inc., [C-16-141-10-31] to include additional services [described in document] for the lump sum of $21,750.00 for the "Construction of the New Hidalgo County Courthouse" Project. (Audio Reference 1h:35m 38s)

Commissioner Flores rejoined the meeting.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 20.A.2.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
3.
AI-75166
Restatement of AI#74884 [HCCC meeting of 3-24-20] to include all of applicable HC Elected Offices, Departments, Programs and/or Agencies [various funding sources] with further detail as follows:
Exemption from competitive bidding requirements, pursuant to Texas LGC 262,024(a)(1): an item that must be purchased in case of a public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens; (2) an item necessary to preserve and protect the public health and safety of the citizens. (Audio Reference 1h:36m 15s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.A.3.

Vote: 5 - 0 - Unanimously 
 
B.
 
Pct. 1
 
1.
AI-75161
Acceptance and approval to execute final form of an On Call Professional Survey Services Agreement with Quintanilla Headley & Associates, Inc. for projects located within Precinct No. 1 (as approved to negotiate by HCCC on 03-24-20). (Audio Reference 1h:37m 06s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.B.1.

Vote: 5 - 0 - Unanimously 
 
C.
 
Pct. 2
 
1.
AI-75234
Requesting approval for Hidalgo County Auditor to process and issue check(s) in the amount of $1,125.00 prior to services being rendered pursuant to Architectural Barriers Administrative Rules 68.80(g) to JRG Access Ability, LLC- Registered Accessibility Specialist-designated by Texas Department of Licensing and Regulation in order to permit the processing of: the Project Filing-Plan Review and Inspection for the "Pct 2 Valle Alto Park Youth Facility Project" for compliance with ABA rule 68.50(a)(c). (Audio Reference 1h:37m 31s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 20.C.1.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
D.
 
Pct. 3
 
1.
AI-75251
A.  Requesting approval of an Interlocal Cooperation Agreement (ICA) between Hidalgo County and City of Penitas, to assist each other with equipment, materials, and manpower; (Audio Reference 1h:38m 10s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.D.1.A.

Vote: 5 - 0 - Unanimously 

 
B.  In accordance with Texas Government Code 791.014 Hidalgo County, Texas, acting by and through the Hidalgo County Commissioners Court, has been advised of a proposed project. County and City desires to assist each other in projects to be defined by mutual agreement through an Interlocal Cooperation Agreement agreeing to assist each other with equipment, materials, and manpower. (Audio Reference 1h:38m 26s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 20.D.1.B

 Vote: 5 - 0 - Unanimously
 
2.
AI-75179
Pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy [3.1(1)] requesting authority to exercise the first (1st) of two (2)  one (1) year renewal/extension options under the same rates, terms and conditions for "Lease of Land for Solid Waste Citizen Collection Site in Sullivan City Area [C-19-026A-04-23] with Mr. Abel Rodriguez. (Audio Reference 1h:39m 02s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.D.2.

Vote: 5 - 0 - Unanimously 
 
E.
 
IT Department
 
1.
AI-75090
Acceptance and approval of the Amendment to the End User License Agreement between Tyler Technologies, Inc. and Hidalgo County for the maintenance and support services. (Audio Reference 1h:39m 30s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 20.E.1.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
F.
 
Co. Wide
 
1.
AI-75176
A. Requesting exemption from competitive bidding requirements, under TxLGC Chapter 262.024 (a)(4), a personal/professional service; (Audio Reference 1h:39m 45s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 20.F.1.A.
                                                                              
 Vote: 5 - 0 – Unanimously

  
B. Acceptance of the proposed scope of services and authority to enter into personal/professional services contract with Platinum Translation, LLC dba Monica S. Rossler for the provision of translation/interpreting services for Hidalgo County with further detail provided in BACKGROUND Caption herein  subject to legal counsel's final review and compliance with  form 1295. (Audio Reference 1h:40m 11s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 20.F.1.B.

Vote: 5 - 0 - Unanimously 

C. Acceptance  and approval of  3 invoices from Monica Rossler/Platinum Translation, L.L.C. for services rendered under emergency circumstances due to COVID 19 for the translation of Hidalgo County Judges "Orders and/or Amended Orders". (Audio Reference 1h:40m 35s)
 
Invoices
20073 03/26/2020 Translation of the Emergency orders into Spanish $770.00
20074 03/26/2020 Translation of the FAQ's $210.00
20077 04/08/2020 Translation of the Amended Emergency Order into Spanish $1020.00

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COUNTY JUDGE RICHARD CORTEZ, the Court made a UNANIMOUS vote of approval on item 20.F.1.C.

Vote: 5 - 0 – Unanimously

The Court proceeded to item 23 - Closed Session
 
21.
 
Open Forum (Audio Reference 26m:06s)

There was one participant under Open Forum, in which Ms. Fern McClaugherty expressed her concern on how the county is managing the taxpayers' monies during the state of emergency due to the COVID-19 virus.

Ms. Fern McClaugherty as a public participant, also addressed her concerns with items: 9.C, 9.D, 9.F, 15.C, 19.C, 20.A.3

The court proceeded to item 5.A.
 
22.
AI-75205
Discussion, consideration and possible action regarding: (Audio Reference 1h:43m 52s)
a.  County response to disaster/health emergency

Valde Guerra stated that no action was to be taken on item 22.A.

b.  Measures necessary to preserve public health and safety
 
Valde Guerra stated that no action was to be taken on item 22.B.

c.  Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:44m 25s)

Valde Guerra asked the court to return to item 9.B. in reference to item 22.C.

No action was taken on item 22.C.

The court returned to item 9.B.
 
 
23.
 
Closed Session: (Audio Reference 1h:41m 16s)
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following:

The court proceeded into closed session at 12:15 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval to proceed into closed session.

Vote: 5 - 0 – Unanimously
 
A.
 
Real Estate Acquisition

Reference 25.A.
 
B.
 
Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.

Reference 25.B.
 
C.
AI-75206
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference 25.C.
 
D.
AI-75227
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Oil.

Reference 25.D.
 
E.
AI-75194
Claim of Fidela Valladares

Reference 25.E.
 
F.
AI-75180
Claim of Eduviges Garza Moreno

Reference 25.F.
 
24.
 
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." (Audio Reference 1h:46m 16s)

Valde Guerra stated that no action was to be taken on item 24.A.

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) (Audio Reference 1h:46m 21s)

Valde Guerra stated that no action was to be taken on item 24.B.

The court proceeded to adjournment.
 
25.
 
Open Session: (Audio Reference 1h:42m 10s)

The court reconvened from closed session at 1:34 P.M.

Judge Cortez and Commissioner Flores did not return from closed session.

The court continued to item 25.A.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:42m 33s)

Valde Guerra stated that no action was to be taken on item 25.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:42m 38s)

Valde Guerra stated that no action was to be taken on item 25.B.
 
C.
AI-75207
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:42m 45s)

Valde Guerra stated that no action was to be taken on item 25.C.
 
D.
AI-75228
Deliberation regarding the following Economic Development Negotiations pursuant to Chapter 551, Texas Government Code, Section 551.087: Project Oil. (Audio Reference 1h:42m 52s)

Valde Guerra stated that they would proceed as directed for item 25.D.

No action was taken on item 25.D.
 
E.
AI-75195
Claim of Fidela Valladares (Audio Reference 1h:43m 06s)

Valde Guerra requested a motion to assign this claim to Josephine Ramirez's office for county defense.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval as requested for item 25.E.

Vote: 3 - 0 - Unanimously 
 
F.
AI-75181
Claim of Eduviges Garza Moreno (Audio Reference 1h:43m 29s)

Valde Guerra requested a motion to assign this claim to Josephine Ramirez's office for county defense.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval as requested for item 25.F.

Vote: 3 - 0 - Unanimously 

The court returned to item 22.
 
26.
 
Closed Session: (Audio Reference 1h:46m 35s)
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into closed session

 
27.
 
Open Session: (Audio Reference 1h:46m 36s)
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into open session.
 
28.
 
Adjourn (Audio Reference 1h:46m 42s)

Valde Guerra requested that the court adjourn Commissioners' Court regular meeting and return to the Drainage District meeting.

The meeting was adjourned at 1:39 P.M.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 3 - 0 – Unanimously

The court returned to item 5.C. on the Drainage District agenda.
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 21st day of April, 2020

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


By: ______________________________
Carolyn Thornton, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on April 21, 2020.

Signed this 23rd day of April 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy