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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - May 26, 2020

BE IT REMEMBERED, that on this 26th 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 26, 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 13m:00s)

Judge Cortez called the meeting to order at 10:13 A.M.

All members of the court were present during the roll call.
 
2.
 
Pledge of Allegiance (Audio Reference 13m:43s)

Judge Cortez led the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 14m:04s)

Judge Cortez offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 14m:57s)

The court proceeded to the approval of the Consent Agenda, in which no items were pulled for discussion.

After the approval of the Consent Agenda the court continued to item 5 - Open Forum
 
5.
 
Open Forum (Audio Reference 15m:22s)

Participant Valley Inter-faith Leader, Joey Hinojosa from Holy Spirit Church expressed his concern about health care availability to low income/no income individuals that have been impacted by the COVID-19 virus. Mr. Hinojosa proposed that the County provide more funds to the Indigent Health Care Program to help such individuals gain access to the health care system.

Second participant, Fern McClaugherty, expressed her concern on the on-going "Shelter In Place" Order, and requested the complete re-opening of the county. Ms. McClaugherty also expressed her concern on the manner of distribution of the CARES Act funds to the municipalities of Hidalgo County, and lastly her opposition to a future tax increase.

Third participant, Eddie Anaya from Valley Inter-faith proposed that the county implement more funds to a mortgage/renters assistance program, and also to invest more funds into the VITA Program for educational opportunities for lower income/no income individuals of Hidalgo County.

Fourth participant Elisa Alfaro from Valley Inter-faith requested that the court implement more funds for a mortgage/renters assistance program.

Honorable Mayors Richard Molina from the City of Edinburg, Mayor Ramiro Rodriguez from the City of Palmhurt, Mayor Rick Morales from the City of Donna, and Mayor Salvador Vela from the City of Alton requested that the court delay on further decisions of the distribution of CARES Act Funds to the municipalities for more extensive planning as one government to distribute funds equally among all cities for the best interest of all Hidalgo County residents.

No action was taken

The court proceeded to item 17 - Closed Session.
Attachments:
 
6.
 
Sheriff's Office:
 
A.
AI-75660
Discussion, consideration and approval to appoint Jessica Escamilla, student at the University of Texas Rio Grande Valley as an intern under the Hidalgo County Sheriff's Office Law Enforcement Internship Program for the period of June 2020 to August 2020. (Audio Reference 1h:02m 47s)

Commissioner Flores stepped away from the meeting.

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 6.A.

Vote: 4 - 0 - Unanimously 

The court continued to item 7.A.
Attachments:
 
7.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 1h:03m 37s)
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 7.A.
 
8.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed: (Audio Reference 1h:03m 44s)
1. Civil Service Commission Rules - Section 3.22
2. Hidalgo County Personnel Policy Manual - Section 6.27
3. Budget Amendment Policy - Personnel Related Amendments

Commissioner Flores rejoined 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 8.A.1,2, & 3.

Vote: 5 - 0 – Unanimously
 
B.
AI-75678
Community Service Agency (3300): (Audio Reference 1h:04m 32s)
Approval to create thirteen (13) full-time temporary positions for 30 weeks beginning 06/08/2020 and ending 12/31/2020, as follows: 
Action Dept./ Prg. Slot # Position Title Proposed Salary
Create 901-033 T060 - T067 Case Study Manager $18,528.00
Create 901-033 T068 - T071 Eligibility Worker II $17,193.00
Create 901-033 T072 Accountant I $19,292.00

Commissioner Cantu stepped away from the meeting.

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 8.B.

Vote: 4 - 0 - Unanimously
 
C.
AI-75632
Public Defender (1100): (Audio Reference 1h:05m 20s)
Approval of the following personnel actions, effective next full pay period 06/08/2020:
Action Dept./ Prg. Slot # Position Title Grade Current Allowance Proposed Allowance
Add Auto Allowance 085-003 0005 Public Defender II 15 $0.00 $1,500.00

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 8.C. 

Vote: 4 - 0 - Unanimously
Attachments:
 
D.
AI-75670
Discussion, consideration and approval to appoint Diana Laura Davila as a volunteer/intern under the Hidalgo County Public Defender's Office for the period of May 26, 2020 through June 30, 2020. (Audio Reference 1h:06m 04s)

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.D.

Vote: 4 - 0 – Unanimously
Attachments:
 
E.
AI-75687
Approval of backpay for employees listed on Exhibit  A pursuant to Section 8.04 of the Classification and Compensation Pay Plan. (Audio Reference 1h:06m 32s)

Commissioner Cantu rejoined 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 8.E.

Vote: 5 - 0 – Unanimously
Attachments:
 
F.
AI-75667
Approval to set salary (grade/step) for employees listed on Exhibit B due to reassignment, effective next full pay period 06/08/2020. (Audio Reference 1h:07m 35s)

Commissioner Flores stepped away from the meeting.

Raul Silguero stated approval subject to funding with District Attorney Department funds.

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 8.F.

Vote: 4 - 0 - Unanimously 
Attachments:
 
9.
 
Urban County:
 
A.
AI-75645
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with 2GS, LLC dba Earthworks Enterprises, the recommended responsible bidder in the amount of $448,586.40 utilizing UCP funds from Fiscal Years 31 - 32 (2018- 2019)  Palmview Street Improvement Funds. (Audio Reference 1h:08m 24s)

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.
                                                                              
 Vote: 4 - 0 – Unanimously
 
10.
 
Health & Human Services Department:
 
A.
AI-75669
Requesting approval to submit grant application for the Title V Maternal and Child Health Fee-For-Service Programs and for County Judge to sign any related forms. (Audio Reference 1h:09m 19s)

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 10.A.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI-75646
Requesting authorization for Eduardo Olivarez, Chief Administrative Officer, Hidalgo County Health & Human Services Department, to sign the Texas Health Trace Contact Tracing Implementation Confirmation Form and the Acceptable Use Agreement as they relate to statewide contact tracing for COVID-19 and further authorizing for Health & Human Services staff to sign any additional document necessary relating to the same. (Audio Reference 1h:09m 51s)

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: 4 - 0 - Unanimously 
 
 
C.
AI-75614
Requesting approval for County Judge to sign the Contractor Written Acknowledgment of Completion of Cybersecurity Training Program as required by the Texas Department of State Health Services.  (Audio Reference 1h:10m 29s) 

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 10.C.
                                                                              
 Vote: 5 - 0 – Unanimously
 
11.
 
Community Service Agency:
 
A.
AI-75624
Proclamation designating May 2020 as Community Action Month. (Audio Reference 1h:11m 00s)

Jaime Longoria read the Proclamation designating May 2020 as Community Action Month.

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 11.A.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-75657
Discussion, consideration, and possible action to approve the Community Service Block Grant (CSBG) Disaster Relief Supplemental Funds Contract #61200003282 for FY 2020 from the Texas Department of Housing and Community Affair, with authorization for Jaime Longoria to electronically sign any and all pertinent documents. (Audio Reference 1h:13m 33s)

Jaime Longoria stated the amounts per Phase; Phase 1 - $15,121.00, Phase 2 - $165,087.00, & Phase 3 - $122,487.00 for a total project fund amount of $302,695.00 for the flooding event that took place in Monte Alto and La Villa in 2019.

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 11.B.
                                                                              
 Vote: 5 - 0 – Unanimously
 
12.
 
Elections Administration:
 
A.
AI-75649
Discussion, consideration and approval of the Resolution in Support of the 2020 Help America Vote Act (HAVA) Cares Act Sub-Grant to Texas Counties. (Audio Reference 1h:15m 38s)

Yvonne Ramon read the Resolution in Support of the 2020 Help America Vote Act.

Yvonne Ramon stated the funds that were awarded to Hidalgo County, which was based on Chapter 19 Voter Registration Database amount, which was $586,554.36, with a matching amount of 20% of $117,310.87.

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 12.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
13.
 
Planning Department:
 
A.
AI-75644
1. Preliminary Approval  (Audio Reference 1h:18m 29s)
a. The Reserve Estates Subdivision- Pct.1 (Juan J. Coronado) (Victoria Road & Mile 10 North Road)
 No. of Lots: 26 Single Family
 Flood Zone: X
 Estimated Number of Streetlights:9
 Filling Stations:4
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of Donna.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’s
 Paved: Yes, Victoria Road is paved and 3 internal street to be paved.
 
b. Sunshine Estates No. 1 Subdivision- Pct. 1 (Richard W. Ruppert) (Jesus Flores Road & Monte Cristo Road)
 No. of Lots: 58 Single Family
 Flood Zone: X
 Estimated Number of Streetlights:17
 Filling Stations:6
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: No, Rural Area.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’s
 Paved: Yes, Jesus Flores Road and Monte Cristo Road are paved.4 internal streets to be paved.

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 13.A.1.A & B.
                                                                              
 Vote: 5 - 0 – Unanimously
 
2. Final Approval (Audio Reference 1h:19m 06s)
a. Comarex No. 2 Subdivision - Pct. 3 (Alex Gonzalez) (Inspiration Road & Mile 7 North Road)
 No. of Lots: 22 Single Family
 Flood Zone: X
Streetlights: 5
 Filling Stations:2
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: No, Rural Area.
 Water: Yes, provided by Sharyland Water Supply Corporation.
 Sewer: Yes, OSSF’s have been installed.
 Paved: Yes, Inspiration Road is paved and 1 internal street has been paved.
 
b. Las Comadres #6 Subdivision - Pct. 3 (Carlos G. Leal Jr.) (Iowa Road & Mile 4 North Road)
 No. of Lots: 66 Single Family
 Flood Zone: X
Streetlights:  19
Filling Stations:7
 Drainage: Yes, Drainage will be provided by storm sewer system discharging to HCDD#1 Regional Detention Facility approximately ½ mile southwest from the proposed subdivision.
 ETJ: Yes, approved by the City of Mission.
 Water: Yes, provided by Agua SUD.
 Sewer: Yes, OSSF’s have been installed.
 Paved: Yes, Iowa Road is paved and 4 internal streets have been paved.

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 13.A.2.A & B.

Vote: 5 - 0 – Unanimously
 
3. Final Approval with Financial Guarantee (Audio Reference 1h:19m 27s)
a. La Plaza Norte Phase 3 Subdivision- Pct. 1 (Kyndel W. Bennett) (Mile 14 ½ North Road & F.M. 493)
 No. of Lots: 37 Single Family
 Flood Zone:C
 Streetlights: 11
 Filling Stations: 2
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of Donna.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’s have been installed.
 *Final Approval with Cash Deposit in the amount of $8,000.00 for (2) Filling Stations
Paved: Yes, Mile 14 ½ North Road and 3 internal streets have been paved.
 
b. Las Villas Estates Subdivision- Pct. 1 (Kyndel W. Bennett) (Mile 4 West Road & Mile 12 ½ North Road)
 No. of Lots: 61 Single Family
 Flood Zone:X
 Streetlights: 11
 Filling Stations: 4
 Drainage: Yes, Drainage will be provided by storm sewer system and detention will be provided by widening the existing drain ditch.
 ETJ: Yes, approved by the City of Weslaco.
 Water: Yes, provided by North Alamo Water Supply Corporation.
 Sewer: Yes, OSSF’s have been installed.
*Final Approval with Cash Deposit in the amount of $17,500.00 for (4) Filling Stations
Paved: Yes, Mile 4 West Road is paved and 3 internal streets have been paved.

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 13.A.3.A & B.

 Vote: 5 - 0 - Unanimously

The court proceeded to item 15.A.1.
 
14.
 
Budget & Management:
 
A.
AI-75681
CARES Act Relief Fund (1287): (Audio Reference 53m:15s)
1. Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the Hidalgo County COVID-19 Homestead Relief Program, in order to assist with expenses associated with provision of economic support in connection with the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.

Judge Cortez requested a change to the name of "Homestead Relief Program" to "Mortgage and Rental Relief Program", in which Sergio Cruz acknowledged the new name of the relief program.

2. Presentation, discussion and approval of the Hidalgo County COVID-19 Homestead Relief Program eligibility criteria; (Audio Reference 55m:20s)

Jaime Longoria stated the eligibility criteria to participate in the Mortgage and Rental Relief Program, in which the individuals must have been affected economically by the COVID-19 virus starting from the presidential declared emergency date of  March 13, 2020. The secondary criteria would be that the individuals must have an income 200% below federal poverty with a look back period of 30 days. The last criteria would be that the individuals must be residents of the Hidalgo County and provide proof of residency.

3. Discussion, consideration and approval of Memorandum of Understanding between Hidalgo County and Community Service Agency for administration of the Hidalgo County COVID-19 Homestead Relief Program.
4. Approval of certification of revenues received from the CARES Act Relief Funds in the amount of $7,500,000 for the Hidalgo County COVID-19 Homestead Relief Program and appropriation of the same, with authority for County Treasurer to issue check to Community Service Agency after auditing procedures by the County Auditor. (Audio Reference 57m:41s)

Legal Counselor, Josephine Ramirez stated approval subject to legal review for item 14.A.3.

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 14.A.1,2,3 & 4 subject to legal review for item 14.A.3.

Vote: 5 - 0 -Unanimously 

The court continued to item 14.B.
 
B.
AI-75682
CARES Act Relief Fund (1287): (Audio Reference 1h:00m 09s)
1. Discussion, consideration, and action to approve the ratification of  necessary CARES Act Relief Fund expenditures to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the following: health expenses for communication and enforcement of public health orders
(exhibit A), public health expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment
(exhibit B), public health expenses for disinfection of public areas and other facilities
(exhibit C), public health expenses for public safety measures
(exhibit D), expenses to improve telework capabilities for public employees
(exhibit E) and other related expenses reasonably necessary to the function of government
(exhibit F)  in connection with the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.
2. Approval of intradepartmental transfer. 

Commissioner Cantu stated that the court has decided to meet with the municipalities in order to discuss the plans for the distribution of the CARES Act Funds, therefore no action will be taken on item 14.B.

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 taking NO action on item 14.B.

Vote: 5 - 0 – Unanimously

The court continued to item 14.C.
 
C.
AI-75658
TXDOT-Pct 1 Mile 10N(Mile 6-FM1015) (1315): (Audio Reference 1h:01m 45s)
Approval of Advance Funding Agreement between Hidalgo County and Texas Department of Transportation for Mile 10N from Mile 6 to FM1015 (CSJ:0921-02-360) and approval of Order authorizing the County Judge to sign agreement for said project.

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 14.C.

Vote: 5 - 0 -Unanimously 

The court continued to item 14.D.1.
Attachments:
 
D.
 
Budget Appropriations:
 
1.
AI-75673
Capital Projects Funds (13XX): (Audio Reference 1h:02m 15s)
Approval of certification of revenues as certified by the County Auditor for revenues received from interest earnings from various capital project funds and appropriation of the same.

Sergio Cruz stated the amount of $242,297.55.

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

The court proceeded back to item 6.A.
Attachments:
 
15.
 
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-75676
A. Pursuant to Notice provided to the public, requesting acceptance to enter into a Professional Legal Services Contract with The J. Ramirez Law Firm pursuant to Government Code 2254.1036 for the service of Bond Counsel. (Audio Reference 1h:20m 11s)

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 15.A.1.A.

Vote: 5 - 0 -Unanimously 
.
B. Requesting exemption from competitive bidding requirements under Texas Local Government Code 262.024 (a) (4), a professional service; (Audio Reference 1h:20m 57s)

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 15.A.1.B.

Vote: 5 - 0 -Unanimously 

C. Approval of letter of engagement with "The J Ramirez Law Firm" for the provision of Bond Counsel Services to the County subject to compliance with HB 1295. (Audio Reference 1h:21m 14s).

Martha Salazar stated approval subject to final legal review, and as required attorney general's review.

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 15.A.1.C.

Vote: 5 - 0 -Unanimously 

D. Discussion, consideration and action entering/approving an "Order" on professional legal services contract. (Audio Reference 1h:21m 44s)

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.1.D.

 Vote: 5 - 0 - Unanimously
 
2.
AI-75666
A.  Presentation of scoring grid for the purposes of ranking by Commissioners' Court for the responses received in connection to the Request for Proposals for Hidalgo County - "RFP 2019-238-03-04 - Debris Monitoring & Management Services. (Audio Reference 1h:22m 05s)
 
Participants CDR Maguire Debris Tech TCS Doc Tetra Tech TLC Engineering Witt O'Brien's
Evaluator 1 98 93 95 91 92 92
Evaluator 2 94 94 92 96 90 91
Evaluator 3 80 83 88 98 92 89
Evaluator 4 83 86 89 93 88 90
Evaluator 5 81 79 95 98 78 87
Total 436 435 459 476 440 449

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.2.A.

 Vote: 5 - 0 - Unanimously

B.  Requesting authority for the Purchasing Department to proceed and commence negotiations with the number one ranked firm, TETRA TECH for Debris Monitoring & Management Services. (Audio Reference 1h:22m 58s)

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 15.A.2.B.

Vote: 5 - 0 - Unanimously
Attachments:
 
B.
 
Pct. 1:
 
1.
AI-75653
Requesting approval to purchase (1) New John Deere 75G Compact Excavator through the County's membership/participation with TASB-Buybpard Cooperative Purchasing Program's awarded vendor Doggett for Pct.1 (Contract#597-19 Exp. 11/30/22) in the amount of $99,970.93. (Audio Reference 1h:23m 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 15.B.1.

Vote: 5 - 0 – Unanimously
 
C.
 
Pct. 2
 
1.
AI-75698
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) professional services; (Audio Reference 1h:23m 45s)

Martha Salazar took a vote of approval for BOTH items 15.C.1.A & 15.C.2.A simultaneously.

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 items 15.C.1.A. & 15.C.2.A.

 Vote: 5 - 0 - Unanimously

b. Presentation of scoring grid (for the purposes of ranking by CC) the firms graded and evaluated through the County approved "pool" of professional appraisal services for "ON CALL" Precinct No. 2 Projects;  (Audio Reference 1h:24m 14s)
 
  Leonel Garza Jr. & Assoc David Harper, CBRE, llc Southmost Appraisal
Evaluator No. 1 97 95 94
Rank      

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 15.C.1.B.

Vote: 5 - 0 - Unanimously 

c. Authority for the Purchasing Department to negotiate a professional appraisal services agreement commencing with the No. 1 ranked firm of Leonel Garza Jr. & Associates for professional appraisal services for "ON CALL & AS NEEDED" basis for Precinct No.2 Projects. (Audio Reference 1h:24m 47s)

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 15.C.1.C.

Vote: 5 - 0 - Unanimously 

The court continued to item 15.C.2.B.
 
2.
AI-75697
a. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024 (A) (4) professional services; (Audio Reference 1h:23m 45s)

Martha Salazar took a vote of approval for BOTH items 15.C.1.A & 15.C.2.A simultaneously.

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 items 15.C.1.A. & 15.C.2.A.

 Vote: 5 - 0 - Unanimously

b. Presentation of scoring grid (for the purposes of ranking by CC) the firms graded and evaluated through the County approved "pool" of professional appraisal services for "ON CALL" Precinct No. 2 Projects; (Audio Reference 1h:25m 07s)
 
  Professional Appraisal Services Appraisal Haus Southmost Appraisal
Evaluator No. 1 97 96 94
Rank      

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 15.C.2.B.
                                                                              
 Vote: 5 - 0 – Unanimously

c. Authority for the Purchasing Department to negotiate a professional appraisal services agreement commencing with the No. 1 ranked firm of Professional Appraisal Services for professional appraisal services for "ON CALL & AS NEEDED" basis for Precinct No.2 Projects. (Audio Reference 1h:25m 38s)

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 15.C.2.C.
                                                                              
 Vote: 5 - 0 – Unanimously
 
3.
AI-75683
Requesting approval of Supplemental Agreement No. 1 for Cruz-Hogan Consultants, Inc. , Contract No. C-17-276-11-07 resulting in additional surveying services with an estimated cost increase of $2,500.00 for services under Work Authorization No. 1 for the Pct 2 Moore Road Project (Veterans Blvd-San Antonio Rd.). (Audio Reference 1h:25m 59s).

Martha Salazar stated approval subject to any compliance with missing documents.

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 15.C.3 subject to any compliance with missing documents.

Vote: 5 - 0 -Unanimously 
Attachments:
 
D.
 
Health & Human Services:
 
1.
AI-75699
Presentation of the Report from the Fixed Asset Committee with Recommendations for discussion, consideration and approval to proceed with the procurement process including, but not limited to the following: (Audio Reference 1h:26m 32s)
         
CARES Act Funding Proceeds
Clinical Infrastructure and Support for Specimen/Vaccinations
(Item for existing Health Department Facilities)
         
         
Generator and Transfer Switch Capability  
     Generator/transfer switches/installation for clinics   
         
IT Technology and Data Communications Enhancements
       Software-HIPAA Privacy Compliance     
         
Electronic Medical Records Systems    
      EMR Data Interoperability -Upgrades and Enhancements
         
Temporary Facilities to Support Response and Mitigation of Covid 19
      Lease of New Building      
      Renovation of Existing Building      
      Site Improvements      
         
         
Public Health Support      
Disinfectant large machine (10)    
Disinfectant smaller machine (10)    
Supplies for the disinfectant machines    
Vaccine and specimen refrigerator     
Upright  Refrigerator for packing supplies (ice packs)
Remote temperature guards for fridges and other unites
CAPR's (Helmet Unit) air purifying systems  
Batteries of CAPR's      
Biohazard waste supplies      
Temperature Screening Devices    
         
         
        $4.160 M

Judge Cortez stated that no action was to be taken on item 15.D.1.

The court proceeded to item 15.D.2.
 
2.
AI-75686
Health & Human Services: (Audio Reference 1h:26m 46s)
A. Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the [Hidalgo County Health Department Forklift Purchase], in order to assist with County functions related to medical and public health measures addressing the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.   

B. Requesting approval to purchase the following machinery through the County's membership/participation with Sourcewell Cooperative under Contract #101816-HCE [expires 12/15/2020]: (Audio Reference 
Requisition Vendor  Model Amount
00415539 Lone Star Forklift, Inc. Hyundai 50DA-9 $53,897.00

Judge Cortez stated that no action was to be taken on item 15.D.2.

The court moved to item 2 - Adjournment. 
 
16.
AI-75656
Discussion, consideration and possible action regarding: (Audio Reference 51m:44s)
a.  County response to disaster/health emergency:
     1.  CARES Act Funds
b.  Measures necessary to preserve public health and safety
c.  Direction regarding County government operations, including but not limited to essential functions

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to take NO action on item 16.A,B, &C.

Vote: 5 - 0 – Unanimously

The court proceeded back to item 14.A.
 
17.
 
Closed Session: (Audio Reference 46m:08s)
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 10:46 A.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 proceed into Closed Session.

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

Reference 19.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 19.B.
 
C.
AI-75654
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference 19.C.
 
D.
AI-75692
Cause No. D-1-GN-20-002525; Marek Brothers Systems Inv. v Ken Paxton, et al

Reference 19.D.
 
E.
AI-75625
EEOC Charge No. 31-C-2020-00233 R.M. v. County of Hidalgo

Reference 19.E.
 
F.
AI-75627
EEOC No. 451-2020-02002; A.B., III v County

Reference 19.F.
 
G.
AI-75695
EEOC No. 451-2019-04078; S.P.O. v Co.

Reference 19.G.
 
H.
AI-75619
Claim of Jorge Alejandro Gonzalez Zuniga

Reference 19.H.
 
I.
AI-75633
Claim of Joel Gutierrez, Jr.

Reference 19.I.
 
J.
AI-75636
Claim of Maria Meza Malerva

Reference 19.J.
 
K.
AI-75639
Claim of Ruben Rocha

Reference 19.K.
 
18.
 
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 49m:38s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 18.A.

Vote: 5 - 0 – Unanimously

B. Engagement with the firm of Preston Henrichson 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 50m:00s)

Valde Guerra stated approval subject to compliance with HB 1295 as it pertains specifically to Claim of Jorge Alejandro Gonzalez Zuniga.

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.B. as stated above by Valde Guerra.

Vote: 5 - 0 – Unanimously
 
19.
 
Open Session: (Audio Reference 47m:10s)

The court reconvened from Closed Session at 12:01 P.M.

The court continued to item 19.A.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 47m:16s)

Valde Guerra stated that no action was to be taken on item 19.A.

The court proceeded to item 19.D.

 
B.
 
Pending and/or potential litigation

No action was taken on item 19.B.
 
C.
AI-75655
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 51m:24s)

Judge Cortez proceeded back to item 16 in reference to item 19.C.

No action was taken on item 19.C.
 
D.
AI-75693
Cause No. D-1-GN-20-002525; Marek Brothers Systems Inv. v Ken Paxton, et al (Audio Reference 47m:24s)

Valde Guerra stated that Josephine Ramirez's Office will be facilitating this cause on behalf of Hidalgo County. 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated above by Valde Guerra.
                                                                              
 Vote: 5 - 0 – Unanimously
 
E.
AI-75626
EEOC Charge No. 31-C-2020-00233 R.M. v. County of Hidalgo (Audio Reference 48m:12s)

Valde Guerra stated that they will proceed as directed, and for the record Josephine Ramirez's Office will be facilitating this charge on behalf of Hidalgo County.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated above by Valde Guerra.
                                                                              
 Vote: 5 - 0 – Unanimously
 
F.
AI-75628
EEOC No. 451-2020-02002; A.B., III v Co (Audio Reference 48m:37s)

Valde Guerra stated that they will proceed as directed, and for the record Josephine Ramirez's Office will be facilitating EEOC No. 451-2020-02002: A.B., lll v Co on behalf of Hidalgo County.

On motion by COMMISSIONER PCT., 4 ELLIE TORRES seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval as stated above by Valde Guerra.
                                                                              
 Vote: 5 - 0 – Unanimously
 
G.
AI-75696
EEOC No. 451-2019-04078; S.P.O. v Co. (Audio Reference 49m:05s)

Valde Guerra stated that they would proceed as directed, and for the record Josephine Ramirez's office will be facilitating EEOC No. 451-2019-04078; S.P.O v Co. on behalf of Hidalgo County.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval as stated above by Valde Guerra. 

Vote: 5 - 0 – Unanimously
 
H.
AI-75620
Claim of Jorge Alejandro Gonzalez (Audio Reference 49m:27s)

Valde Guerra redirected the court to item 18.

Reference item 18.
 
I.
AI-75635
Claim of Joel Gutierrez, Jr. (Audio Reference 50m:27s)

Valde Guerra requested for settlement authority to make an offer in the amount of $1,926.60.

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 the amount of $1,926.60 for item 19.I.

Vote: 5 - 0 – Unanimously
 
J.
AI-75637
Claim of Maria Meza Malerva (Audio Reference 50m:49s)

Valde Guerra requested for settlement authority to make an offer in the amount of $108.00

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the amount of $108.00 for item 19.J.

Vote: 5 - 0 - Unanimously
 
K.
AI-75640
Claim of Ruben Rocha (Audio Reference 51m:05s)

Valde Guerra requested for settlement authority to make an offer in the amount of $225.00

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the amount of $225.00 for item 19.K.

Vote: 5 - 0 - Unanimously

The court returned back to item 19.C.
 
20.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not return into Closed Session.
 
21.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed to Open Session.
 
22.
 
Adjourn (Audio Reference 1h:27m 56s)

Judge Cortez adjourned the meeting at 12:42 P.M.

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

Vote: 5 - 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 27th 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 26, 2020.

Signed this 26th 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