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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - May 12, 2020

BE IT REMEMBERED, that on this 12th day of  May 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
May 12, 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 01m:58s)

Judge Cortez called the meeting to order at 10:05 A.M.

All members of the court were present.
 
2.
 
Pledge of Allegiance (Audio Reference 02m:17s)

Judge Cortez led the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 02m:36s)

Judge Cortez offered the prayer.

The court proceeded to item 10 - Open Forum.
 
4.
 
Approval of Consent Agenda (Audio Reference 14m:08s)

No Consent Agenda items were pulled for discussion. The court continued with the approval of the Consent Agenda.

After the approval of the Consent Agenda the court proceeded to item 5.A.

 
5.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 14m: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 5.A. - 1&2.
 
B.
AI-75436
Appointment/Re-appointment of member to the RMA Board - Pct 1 (Audio Reference 14m:56s)

COMMISSIONER PCT. 1, FUENTES reappointed Ezequiel Reyna Jr., seconded by COMMISSIONER PCT.2, EDUARDO "EDDIE" CANTU, the Court made a UNANIMOUS vote of approval of reappointing Ezequiel Reyna Jr.

Vote: 4 - 0 -Unanimously
 
6.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed: (Audio Reference 15m:24s)
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 6.A. 1,2, &3.

Vote: 4 - 0 – Unanimously
 
B.
AI-75479
Precinct 2 Rd Maint (1200): (Audio Reference 16m:22s)
1. Approval to create two (2) temporary full-time positions for 27 weeks beginning 05/25/2020 and ending 11/29/2020:
Action Dept./ Prg. Slot # Position Title Grade
Create 122-006 T108 - T109 Maintenance I 03

2. Approval of intradepartmental transfer.

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 6.B 1 & 2.
                                                        
 Vote: 4 - 0 – Unanimously
Attachments:
 
C.
AI-75492
Fire Marshal (1100): (Audio Reference 17m:01s)
Approval of the following personnel actions, effective upon Commisioner's Court approval:
Action Dept./ Prg. Slot # Position Title Grade
Change from Part-Time to Full-Time 300-001 0012 Fire Investigator 10

Raul Silguero explained that this was not an increase to a salary, but an existing part time filled position that will be converted to a full time position.

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 6.C.
                                                        
 Vote: 4 - 0 – Unanimously
Attachments:
 
7.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-75475
1.  Approval to rescind action previously taken by Commissioner's Court on 2/11/2020 AI#74395. (Audio Reference 18m:06s)

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 7.A.1.
                                                        
 Vote: 4 - 0 – Unanimously

2. Requesting approval of an order authorizing Hidalgo County to enter into an Interlocal Cooperation Agreement with the Texas Department of Transportation for the Pct 2 Dicker Road Project from 23rd Street to Jackson Rd, with authority for the County Judge to sign the Order. (Audio Reference 18m:24s)

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 7.A.2.
                                                        
 Vote: 4 - 0 – Unanimously

3. Requesting approval of an Inter-local Cooperation Agreement (ICA) between the County of Hidalgo and Texas Department of Transportation for the testing and inspection of Prefabricated bridge-related items only performed by TxDOT Construction Division for the Pct #2. Dicker Road Project, with authority for the County Judge to docusign required documentation. (Audio Reference 18m:49s)

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 7.A.3.
                                                                              
 Vote: 4 - 0 – Unanimously
 
8.
 
Budget & Management:
 
A.
AI-75466
Approval to submit request for funds (Unclaimed Capital Credits) from Texas Comptroller of Public Accounts as authorized under Section 74.602 of the Texas Property Code, with authority for County Judge to sign the letter request. (Audio Reference 19m:20s)

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 8.A.
                                                        
 Vote: 4 - 0 – Unanimously
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.
 
Hidalgo County
 
1.
AI-75500
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A)(4) professional service;

B. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for the Construction of a New Laboratory for the Health Department for Geo Technical and Construction Material Testing.

C. Authority for the Purchasing Department to negotiate a professional geo technical and construction material testing service agreement commencing with the NO. 1 ranked firm of ______________________________.

(Audio Reference 19m:53s)
 
Martha Salazar stated that no action was to be taken on items 9.A.1.
 
 
2.
AI-75502
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A)(4) professional service;
 
B. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for MEP Engineering Services for the purchase and installation of generators for six (6) Health Department clinics.  

C. Authority for the Purchasing Department to negotiate a professional MEP engineering service agreement commencing with the NO. 1 ranked firm of ______________________________.

(Audio Reference 19m:53s)
 
Martha Salazar stated that no action was to be taken on items 9.A.2.
 
3.
AI-75499
A. Requesting exemption from competitive bidding requirements under Texas Local Government Code, Section 262.024(A)(4) professional service;
 
B. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for the Construction of a New Laboratory-Health Department for Professional Civil Engineering Services.  

C. Authority for the Purchasing Department to negotiate a professional engineering service agreement commencing with the NO. 1 ranked firm of ______________________________.

(Audio Reference 19m:53s)
 
Martha Salazar stated that no action was to be taken on items 9.A.3.
Attachments:
 
4.
AI-75480
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A)(4) professional service; (Audio Reference 20m:12s)

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.4.A
                                                        
 Vote: 4 - 0 – Unanimously

 
B. Presentation of scoring grid of the firms graded & evaluated by the Evaluation Committee for the Construction of a New Laboratory for the Health Department for Architectural Services. (Audio Reference 20m:33s)

Martha Salazar read the Evaluation Committee Results: The Warren Group Architects obtained a score of 476, ERO Architect obtained a score of 482, and HDR Inc. obtained a score of 477. Ms. Salazar asked if the court accepted the scores as presented.

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.4.B as presented.
                                                        
 Vote: 4 - 0 – Unanimously

C. Authority for the Purchasing Department to negotiate a professional architect service agreement commencing with the NO. 1 ranked firm of ERO Architect. (Audio Reference 21m:34s)

Martha Salazar stated approval subject to funding.

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 9.A.4.C subject to funding.
                                                                              
 Vote: 4 - 0 – Unanimously
 
B.
 
Pct. 1
 
1.
AI-75478
A.  Acceptance and approval of an Interlocal Cooperation Agreement between the County of Hidalgo and the City of Weslaco for the road improvement project to a portion of Mile 5 North Rd.( Border Ave.-3,964 Linear feet); (Audio Reference 21m:57s)

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.B.1.A.

Vote: 4 - 0 -Unanimously 

B.  In accordance with Section 791.014 of the Texas Government Code, requesting approval of a road improvement project to a portion of Mile 5 North Road from Border Avenue west approximately 3,964 linear feet. (Audio Reference 22m:28s0

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 9.B.1.B.

Vote: 4 - 0 - Unanimously 
Attachments:
 
2.
AI-75476
Requesting approval of the Second Amendment to Interlocal Agreement [ILA] by and between HC Pct. #1 and the City of Weslaco for the road improvements project of Mile 10, North from Mile 6 to FM 1015. (Audio Reference 22m:56s)

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 9.B.2.

Vote: 4 - 0 - Unanimously 
 
C.
 
Pct. 3
 
1.
AI-75503
Pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy (3.1 (1)), requesting approval of Supplemental Agreement No. 1 to Work Authorization No. 2 in an increase amount of $212,000.00 of current contract [C-13-305-10-07] with L&G Consulting Engineers, professional services for, "Mile 3 Project (from FM 2221 to FM 492)"  for Precinct No. 3, to amend Exhibit D-1 subject to HB 1295. (Audio Reference 23m:23s)

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.C.1.
                                                        
 Vote: 4 - 0 – Unanimously
Attachments:
 
2.
AI-75505
Pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy (3.1 (1)), requesting approval of Supplemental Agreement No. 2 to Work Authorization No. 6 of current contract [C-13-305-10-07] with L&G Consulting Engineers, professional services for, "Mile 3 Project (from FM 2221 to FM 492)"  for Precinct No. 3, to amend Exhibit B and Exhibit D-1 subject to compliance with HB 1295. (Audio Reference 25m:07s)

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.C.2.

Vote: 4 - 0 -Unanimously 
Attachments:
 
D.
 
Juvenile Probation:
 
1.
AI-75485
A. Requesting exemption under Local Government Code 262.024 (a)(2), an item necessary to preserve or protect the public health and safety and to comply with Texas Administrative Code, Title 37/Public Safety and Corrections, Part 11,Texas Juvenile Justice Department, Chapter 343, Subchapter B, Rule 343.222; (Audio Reference 25m:40s)

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.D.1.A
                                                        
 Vote: 4 - 0 – Unanimously

B. Requesting authority to Purchase and Install four (4) 12.5 Ton York Package Units including labor and materials for the Hidalgo County Juvenile Probation Department with Delta Air Conditioning, Inc. in the amount of $48,100.00 through requisition #414616 subject to compliance with Form 1295 and payment bond, if required by HC, OR,  pay project after completion and acceptance of work by county. (Audio Reference 26m:20s)

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 9.D.1.B.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
E.
 
Health & Human Services:
 
1.
AI-75497
A. Presentation of Hidalgo County's current approved pool of Construction Management Service Providers for HCCC's nomination of at lease three (3) firms and following the selection protocol in connection with the required services for the Construction of a New Laboratory for HCHHS. (Audio Reference 27m:13s)
Construction Management
  1. B2Z Engineering
  2. CSJ Group
  3. Consor
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.1.A as presented.

Vote: 4 - 0 -Unanimously 

B.     Designation of Evaluation Committee to score and evaluate the nominated firms for the aforementioned. (Audio Reference 29m:08s)
  1. Isaac Sulemana
  2. Armando Garza
  3. David Suarez
  4. Armin Garza 
  5. Letty Saenz
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.1.B as presented.

Vote: 4 - 0 -Unanimously 
Attachments:
 
2.
AI-75467
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code Section 262.024 (A) (4) a "professional service";

B. Presentation of scoring grid  (for ranking by CC) of the firms scored and graded from the County's approved pool of professional Engineers for the Remodel and Repair of county-owned Modular Building;

C. Pursuant to Commissioners Court approval, requesting authority for Purchasing Department to commence negotiations with the number one ranked firm _________________________________for the Remodel and Repair of County-Owned Modular Building.

(Audio Reference 29m:55s)

Martha Salazar stated that no action was to be taken on item 9.E.2. 
Attachments:
 
F.
 
Sheriff's Office:
 
1.
AI-75495
Recommendation by project engineer, Halff & Associates,Inc. to award to the responsible vendor submitting the lowest and best bid[ while meeting all specifications & requirements] Celso Gonzalez Construction, Inc. in the amount of $205,000.00 for RFB: No. 2019-267-04-15-ABV, for the Construction of a Bus Barn for Hidalgo County Sheriff's office. (Audio Reference 30m:01s)

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.F.1.
                                                        
 Vote: 4 - 0 – Unanimously

The court proceeded to item 11
 
10.
 
Open Forum (Audio Reference 05m:23s)

There were two Open Forum participants:

First participant, Linda Falcon voiced her request towards the court to consider locally owned businesses that offer right of way services for county projects.

Following Ms. Falcon was participant Fern McClaugherty, who expressed her concern on how the taxpayer's monies are being managed. Ms. McClaugherty also requested an explanation in reference to item 6.C as a public participant.

No action was taken on this item.

In honor of National Law Enforcement Week, Judge Cortez expressed his appreciation and congratulated all law enforcement agencies for their services.

The court proceeded to item 12 - Closed Session.
 
11.
AI-75484
Discussion, consideration and possible action regarding: (Audio Reference 30m:48s)
a.  County response to disaster/health emergency (Audio Reference 30m:53s)
b.  Measures necessary to preserve public health and safety

Valde Guerra stated that no action was to be taken on item 11 - A & B.

c.  Direction regarding County government operations, including but not limited to essential functions (Audio Reference 31m:18s)

Valde Guerra issued an update stating that the tax offices are operating with protective measures in place such as, mandatory face coverings and the practice of social distancing while doing business at county offices.

No action was taken on item 11.C.

The court proceeded to item 13
 
12.
 
Closed Session: (Audio Reference 12m: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 continued into closed session at 10:15 A.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 retire into Close Session.

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

Reference 14.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 14.B.
 
C.
AI-75482
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference 14.C.
 
13.
 
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)

(Audio Reference 32m:30s)

Valde Guerra stated that no action was to be taken on item 13 A & B.

The court proceeded to item 17 - adjournment.
 
14.
 
Open Session: (Audio Reference 13m:01s)

The court returned from closed session at 11:45 A.M.

Commissioner Flores did not return from closed session.

The court proceeded to item 14.A.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 13m:10s)

Valde Guerra stated that no action was to be taken on item 14.A and will proceed as directed.
 
B.
 
Pending and/or potential litigation (Audio Reference 13m:42s)

Valde Guerra stated that no action was to be taken on item 14.B.
 
C.
AI-75483
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 13m:47s)

Valde Guerra stated that no action was to be taken on item 14.C.

The court returned back to item 4 - the approval of the Consent Agenda.
 
15.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed to Closed Session.
 
16.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceeded to Open Session.
 
17.
 
Adjourn (Audio Reference 32m:50s)

Judge Cortez informed the public that discussions are being held in reference to the usage of the COVID-19 CARES ACT Funds, and the court will be notifying the public on how the funds will be utilized in due time.

Judge Cortez adjourned the meeting at 12:05 P.M.

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

Vote: 4 - 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 12th day of May, 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 May 12, 2020.

Signed this 12th day of May 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy