Skip to main content

AgendaQuick™

Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - June 9, 2020

BE IT REMEMBERED, that on this 9th day of June 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
June 9, 2020
2:15 P.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:45s)

Judge Cortez called the meeting to order at 2:45 P.M.

All members of the court were counted present.
 
2.
 
Pledge of Allegiance (Audio Reference 21m:00)

Judge Richard Cortez led the court and audience in reciting the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 21m:20s)

Judge Cortez offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 22m:24s)

Valde Guerra requested that the court pull Consent Agenda items; 4.A and 10.N.

The court continued to the approval of the Consent agenda

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of the Consent Agenda with the EXCEPTION of items 4.A and 10.N to be pulled for further discussion.

Vote: 5 - 0 - Unanimously

The court proceeded to the Consent Agenda items; 4.A and 10.N.
 
5.
 
Open Forum (Audio Reference 23m:17s)

Open Forum participant, Ms. Fern McClaugherty expressed her concern with the "Shelter in Place" Order that according to Mr. McClaugherty, is still not completely removed. Ms McClaugherty also expressed her concerns over the county's expenditures.

No action was taken on item 5.
Attachments:
 
6.
 
Sheriff's Office:
 
A.
AI-75868
Discussion, consideration and approval to appoint Martin Rodriguez, 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 27m:18s)

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 6.A.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-75835
Requesting authorization for the County Judge as Chief Executive Officer and Sheriff J.E. "Eddie" Guerra as Head of Department to sign the CEO Law Enforcement Certifications and Assurances Form for participation in all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security (DHS). (Audio Reference 27m:56s)

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 6.B.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-75830
Sheriff's Office:
1. Approval to accept K9 "Baku" from K9s4COPS. (Audio Reference 28m:32s)
2. Approval and authorization for County Judge, as authorized official, to sign terms and conditions agreement and any other required documents.

Judge Cortez questioned if the auditor's concern had been addressed on agenda item 6.C, in which Legal Counselor, Victor Garza, clarified that the auditor had updated her concerns list, and this agenda item was not on the updated list.

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote to approve items 6.C.1 & 2. 
                                                                              
 Vote: 5 - 0 – Unanimously
 
D.
AI-75777
Pursuant to Hidalgo County Cellular Telephone Policy (DIR-TSO-3432),presentation for consideration, acceptance and approval of Cellular Phone Request form (Unlimited Data no Throttle Cards) for the following:
Approval for requisition #415308 for 136 Unlimited Data no Throttle Cards @ $30.00 per device. (Audio Reference 29m:36s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. . 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
 
7.
 
Veterans Service Office:
 
A.
AI-75879
Discussion regarding Celebration of National Women's Veterans Day - June 12th (Audio Reference 30m:22s)

Veterans Service Officer, Felix Rodriguez, introduced Alma Martinez and Samuel Perez, Jr.. Veterans Officer, Ms. Alma Martinez discussed what it meant to be recognized as a woman and a veteran, and how they will be celebrating Women's Veterans Day. She further stated that the court will also be recognizing female veterans working in Hidalgo County at the next Commissioner's Court meeting.  

No action was taken on item 7.A.
 
8.
 
Constable Pct. #1: (Audio Reference 33m:50s)
 
A.
AI-75869
Discussion, consideration, and approval to appoint Rene Rosas and Omar Moreno as Reserve Deputy Constables by Constable Celestino Avila, Jr., Constable Pct. 1 in accordance with Texas Local Government Code Section 86.011. (Audio Reference 33m:17s)

Valde Guerra stated a correction to the Local Government Code, in which it should state 86.012, and not 86.011.

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 8.A with stated correction.
                                                                              
 Vote: 5 - 0 – Unanimously
 
9.
 
Auditor's Office:(Audio Reference 35m:01s)
 
A.
AI-75883
1. Approval of Certification of Revenues as certified by the County Auditor for various TxDOT projects. (Audio Reference 33m:59s)

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.A.1.
                                                                              
 Vote: 5 - 0 – Unanimously

2. Approval of 2019 appropriation of funds for various TxDOT projects in the total amount of $514,727.85. (Audio Reference 34m:21s)

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 9.A.2.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
10.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed: (Audio Reference 34m:45s)
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. 3, JOE M. FLORES, the Court made a UNANIMOUS vote to approve items 10.A.1, 2 & 3.

Vote: 5 - 0 – Unanimously
 
B.
AI-75817
WIC ADM (1292): (Audio Reference 35m:23s)
Approval of the following personnel actions, effective next full pay period 06/22/2020:
Action Dept./ Prg. Slot # Current Position Title Current Grade Proposed Position Title Proposed Grade
Title Change 350-001 0037 Licensed Vocational Nurse II 11 Registered Nurse I 11

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 10.B.
                                                                              
 Vote: 5 - 0 – Unanimously
 
C.
AI-75795
Health Department - H.D. ADM (1293): (Audio Reference 36m:03s)
Approval to extend the following temporary full-time position for 26 weeks beginning 07/01/2020 and ending 12/31/2020:
Action Dept./ Prg. Slot # Position Title Grade
Extend Temporary Full-Time Position 340-005 T004 Clerk I 01

Mr. Raul Silguero explained that the request to exend the vacancy of this position is as a result of a high volume of work due to the Covid-19 virus.

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 10.C.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
11.
 
Urban County:
 
A.
AI-75813
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with Longhorn Services, Inc., the lowest responsible bidder in the amount of $88,059.00 utilizing UCP funds from Fiscal Years 31 (2018) Elsa Street Improvement Funds,  (Audio Reference 36m:59s)

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
 
B.
AI-75812
1.  Requesting exemption from competitive bidding requirements under the Texas Local Government Code 262.024 (a)(4) for Professional Engineering Services-Construction Materials Geo-Technical Testing services; (Audio Reference 37m:41s)
 
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 11.B.1.
                                                                              
 Vote: 5 - 0 – Unanimously

2.  Presentation of the scoring grid for the purposes of ranking by CC of at least three (3) Construction Materials Geo-Technical Testing engineering firms from the County’s approved “pool” as graded and evaluated by the City of La Villa, Urban County Program, and Hidalgo County Purchasing Department, in connection with and funded through Hidalgo County Urban County Program Years 31 (2018) La Villa Water and Sewer Improvement funds. (Audio Reference 38m:12s)  
   
Professional Service Firm Grade Ranked
Raba Kistner Consultants, Inc. 90.33%
 
1
Terracon Consultants, Inc. 83.33% 3
Millennium Engineers, Group 84.67% 2

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote to approve on item 11.B.2.
                                                                              
 Vote: 5 - 0 – Unanimously

3.  Authority to negotiate a professional engineering service contract with the No. 1 ranked firm of Raba Kisnter Consultants, Inc.for the provision of Construction Materials Geo-technical Testing Service for an Urban County Program Years 31 (2018) La Villa Water and Sewer Improvements project. (Audio Reference 39m:17s)

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 11.B.3.
                                                                              
 Vote: 5 - 0 – Unanimously
 
12.
 
Health & Human Services Department:
 
A.
AI-75822
Requesting approval to submit grant application and budget to Texas Department of State Health Services in the amount of $358,787.00 for COVID-19 Epidemiological and for County Judge to sign related grant application documents. (Audio Reference 39m:50s)  

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 12.A.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
13.
 
IT Department:
 
A.
AI-75741
Authorization and approval to change wireless service plans through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following: (Audio Reference 40m:28s)
Department: Qty: Description: Previous Service Plan: New Service Plan: MDN:
Emergency Management 6 Change Service Plan Nationwide Unl Mins EMail&Data Unl+MHS N&W/M2M/MSG Unl @ $69.99/ea per month 4G Custom Nationwide Unl Mins + MSG Unl + Email&Data Unl @ $39.99 + $5.00 taxes/fees each per month See attached Wireless Request Forms

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 13.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
14.
 
Elections Administration:
 
A.
AI-75810
1. Discussion, consideration and approval of the following changes to the May 5th approved list of the July 14, 2020 Primary Runoff Election Early Voting polling locations: (Audio Reference 41m:11s)
 
Approved on May 5th Changed to
Alton
(Conference Room)
Alton City Hall
509 S. Alton Blvd.
Alton, TX
Alton
(Room #1)
Alton Recreation Center
349 We. Dawes Ave.
Alton, TX
La Joya
(Municipal Court)
La Joya City Hall
701 E. Exp. 83
La Joya, TX
La Joya
(Gym)
La Joya Youth Center
604 Salomon Chapa Dr.
La Joya, TX
McAllen
(Main Entrance)
STC Nursing Campus
1101 E. Vermont Ave.
McAllen, TX
McAllen
(Community Room Building B)
STC Nursing Center
1901 S. McColl Rd.
McAllen, TX
Sullivan
(Main Building)
500 S. Cenizo Dr.
Sullivan City, TX
Sullivan
(Pavilion)
Sullivan City Pavilion
500 S. Cenizo Dr.
Sullivan City, TX































Commissioner Flores stepped away from the meeting.

Ms. Yvonne Ramon stated the reason for the changes in locations was to accommodate voters with larger areas to comply with social distancing during the Covid-19 virus pandemic.

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

2. Discussion, consideration and approval of Election updates. (Audio Reference 42m:47s)

Ms. Ramon stated that she will be submitting a draft of procedures, as well as the posters that will be submitted throughout the community to encourage the constituents to vote safely during this Covid-19 virus pandemic.

No action was taken on item 14.A.2.
 
15.
 
Precinct #1 - Comm. Fuentes:
 
A.
AI-75865
1. Requesting approval to submit a grant application to the National Park Service for the Outdoor Recreation Legacy Partnership Program Grant. (Audio Reference 45m:22s)

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

2. Requesting approval for the County Judge to sign all required documents.(Audio Reference 46m:06s)

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.A.2.
                                                                              
 Vote: 4 - 0 – Unanimously
 
B.
AI-75875
Requesting approval of Interlocal Cooperation Agreement between the South Texas Independent School District and the County of Hidalgo for student transportation staging area for the 2020-2021 School Year. (Audio Refernce 46m:17s)

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 15.B.
                                                                              
 Vote: 4 - 0 – Unanimously
 
16.
 
Precinct #3 - Comm. Flores:
 
A.
AI-75834
1. Requesting approval of an Interlocal Cooperation Agreement (ICA) between the County of Hidalgo and City of Alton, Texas to assist one another in overlaying Inspiration Road between Mile 5 Road and Mile 6 Road North two sections of approximately 500 linear feet and 200 linear feet. (Audio Reference 46m: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 16.A.1.
                                                                              
 Vote: 4 - 0 – Unanimously

2. In accordance with Section 791.014 of the Texas Government Code, requesting approval of the Interlocal Cooperation Agreement (ICA) agreeing to assist each other with equipment, materials, and manpower to overlay Inspiration Road. (Audio Reference 47m: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 16.A.2.
                                                        
 Vote: 4 - 0 – Unanimously
 
B.
AI-75789
TXDOT-Pct 3 Liberty Rd. Project PH II (1315) (Audio Reference 47m:32s)
Authority for the County Judge to sign TXDOT Form ROW-A-10 Tabulation of Values for all parcels associated with the Pct 3 Liberty Rd. PH II (Mile 3 to FM 2221) ROW CSJ: 0921-02-364 until the completion of this 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 16.B.

Vote: 4 - 0 -Unanimously 
 
C.
AI-75824
Requesting approval to accept counteroffer to purchase a tract of land known as Parcel 43 associated with Veterans Road Blvd. with authority for the County Judge to sign the Administrative Evaluation and Approval Form. (Audio Reference 48m:08s)

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 16.C.
                                                        
 Vote: 4 - 0 – Unanimously
Attachments:
 
17.
 
Budget & Management:
 
A.
AI-75805
Presentation of the January thru March  2020 Health Insurance Report by Gallagher Benefit Services, Inc. (Audio Reference 48m:33s)

Sergio Cruz from the Budget and Management Department requested that no action was to be taken on item 17.A.

Commissioner Flores rejoined the meeting. 
Attachments:
 
B.
AI-75882
CARES Act Relief Fund (1287): (Audio Reference 48m:51s)
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.

Sergio Cruz stated the total amount requested to expense out of the CARES Act funds to be $1,662,958.52.

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 17.B.1.

Vote: 5 - 0 -Unanimously 

2. Approval of intradepartmental transfer. (Audio Reference 50m:31s)

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 17.B.2.
                                                        
 Vote: 5 - 0 – Unanimously
 
C.
AI-75889
CARES Act Relief Fund (1287): (Audio Reference 50m:45s)
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 Families First Coronavirus Response Act - Emergency Paid Sick Leave and Expanded Family and Medical Leave, in order to assist with County Payroll Expenses 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.

Sergio Cruz stated the requested amount to be $95,043.22.

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 17.C.1.

Vote: 5 - 0 - Unanimously 
 
2.  Approval of interdepartmental transfer. (Audio Reference 51m:55s)

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 17.C.2.
                                                                              
 Vote: 5 - 0 – Unanimously

The court proceeded to item 10.N. of the Consent Agenda for possible action. (Audio Reference 52m:18s)
Attachments:
 
18.
 
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-75885
A. Discussion, consideration, and action to approve as 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 Testing/Bio-Safety Laboratory, in order to assist with County functions related to medical and public health measures addressing the expenses 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. (Audio Reference 53m:15s)

Commissioner Flores stepped away from the meeting.

Legal Counselor, Victor Garza asked for clarification purposes the source of funding, in which Ms. Salazar stated that it would be funded through the General Fund. 

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 18.A.1.A

Vote: 4 - 0 -Unanimously
 
 
B.  Requesting exemption from competitive bidding requirement under Tx.LGC, 262.024(a)(4), a professional services; (Audio Reference 54m:53s)

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 18.A.1.B.
                                                        
 Vote: 4 - 0 – Unanimously

C. Acceptance and approval of the final negotiated AIA Document B101-2017 Standard Form of Agreement Between Owner and Architect with ERO Architects, in connection with the design and construction of a Testing/Bio-Safety Laboratory subject to legal final review as to form. (Audio Reference 55m:15s)

Commissioner Flores rejoined the meeting.

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 18.A.1.C.

Vote: 5 - 0 - Unanimously 
Attachments:
 
2.
AI-75870
A. Discussion, consideration, and action to approve as 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 Testing/Bio-Safety Laboratory, in order to assist with County functions related to medical and public health measures addressing the expenses 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. (Audio Reference 1h:05m:00)

Martha Salazar stated this would be funded possibly through the general fund or the CARES Act Funds. 

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 18.A.2.A.
                                                                              
 Vote: 5 - 0 – Unanimously

B.  Requesting exemption from competitive bidding requirement under Tx. LGC, 262.024(a)(4), a professional service; (Audio Reference 1h:06m 06s)

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 18.A.2.B.
                                                                              
 Vote: 5 - 0 – Unanimously

 
C. Acceptance and approval to execute the final Construction Management Services agreement (C-20-204-06-09) with B2Z Engineering for the construction of the Hidalgo County Health Department Testing/Bio-Safety Laboratory subject to final legal review; as to form (Audio Reference 1h:06m 26s)

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 18.A.2.C.
                                                                              
 Vote: 5 - 0 – Unanimously

 
D. Acceptance and approval of Work Authorization No. 1 (estimated cost of $19,176.75) as submitted by B2Z Engineering to provide Programming, Design, Construction Management, and Oversight of the Testing/Bio-Safety Laboratory. (Audio Reference 1h:07m 24s)

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 18.A.2.D.

Vote: 5 - 0 - Unanimously 
 
3.
AI-75887
Approval to rescind action [CC of 6/2/20 R/AI-#75767] of the ranking grid of civil engineering firms including the authority to commence negotiations with the no. 1 ranked firm of SAMES, Inc. for the construction of the Testing/Bio-Safety Laboratory. for the Hidalgo County Health Dept. (Audio Reference 1h:07m 50s)

No action was taken on item 18.A.3.
Attachments:
 
B.
 
Pct. 1
 
1.
AI-75884
A.  Requesting exemption from competitive bidding requirements, under Tx.LGC, 262.024(a)(4),  a professional services; (Audio Reference 1h:08m 40s)

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 18.B.1.A.
                                                                              
 Vote: 5 - 0 – Unanimously

 
B.  Presentation of the scoring grid of firms nomiated & graded through the County's Pool of pre-qualified Professional Engineering Services - Construction Material and Geotechnical Testing Services for the purpose of ranking by HCCC in connection with "On-Call Construction Material and Geotechnical Testing Services"; (Audio Reference 1h:09m 02s)
 
Evaluator Raba Kistner Fulcrum Consulting Services Terracon Consultants, Inc.
E-1 96 94 93
E-2 98 96 97
E-3 98 97 95
Total 292 287 285
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 18.B.1.B.

Vote: 5 - 0 - Unanimously 

C.  Requesting authority for Hidalgo County Purchasing Dept. to commence negotiations with the number one ranked firm of  Raba Kistner, for a professional engineering contract for:"On-Call & As Needed" Construction Material and Geotechnical Testing Services" for Pct. #1. (Audio Reference 1h:09m 44s)

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 18.B.1.C.

Vote: 5 - 0 - Unanimously 
 
C.
 
Pct. 2
 
1.
AI-75851
Requesting approval for Hidalgo County Auditor to process and issue check(s) in the amount of $875.00 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 Indoor Sports Complex Renovation Project" for compliance with ABA rule 68.50(a)(c). (Audio Reference 1h:10m 08s)

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 18.C.1.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
D.
 
Pct. 4
 
1.
AI-75804
Acceptance and approval of Supplemental Agreement No. 1 to Work Authorization No. 1 to revise Exhibit D - Fee Proposal to reflect an increase of $18,614.00 submitted by contracted engineer, B2Z in connection with the Design & Construction of New Mechanical Shop for Precinct 4. (Audio Reference 1h:10m 54s)

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 18.D.1.

Vote: 5 - 0 - Unanimously 
 
E.
 
Health & Human Services Dept.
 
1.
AI-75867
A. Discussion, consideration, and action to approve as 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 Remote Temperature Guard and Required Accessories Purchase], in order to assist with County Public Health expenses 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. (Audio Reference 1h:11m 22s)

Legal Counselor, Victor Garza stated for the record if compliance to 2CFR-200 was implemented in pursuing this item, in which Ms. Salazar confirmed to be in compliance.

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 18.E.1.A
                                                                              
 Vote: 5 - 0 – Unanimously

  
B.  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:13m 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 18.E.1.B.
                                                                              
 Vote: 5 - 0 – Unanimously

C. Requesting approval to purchase the following Remote Temperature Guards and required accessories through the County's membership/participation with GSA Cooperative awarded vendor, Phonetics, Inc., dba, Sensaphone  under Contract # GS-07F-9463S [Expires: 04/30/21] in the amount of $5,928.20. (Audio Reference 1h:13m 53s)

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 18.E.1.C

Vote: 5 - 0 - Unanimously 
 
2.
AI-75871
A.  Discussion, consideration, and action to approve as 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 Sanitation Supplies Purchase], in order to assist with County Public Health expenses 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. (Audio Reference 1h:14m 31s)

Martha Salazar stated that no PO will be issued unless compliance is met.

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 18.E.2.A.

Vote: 5 - 0 - Unanimously 

 
B.  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:15m 35s)

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 18.E.2.B.
                                                                              
 Vote: 5 - 0 – Unanimously

C. Requesting approval to purchase from Best Medical Supply the Personal Protection [Sanitizer items] Supplies attached herein, in an estimated amount of $301,378.00. (Audio Reference 1h:16m 04s)

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 18.E.2.C.
                                                                              
 Vote: 5 - 0 – Unanimously
 
3.
AI-75753
A) Discussion, consideration, and action to approve as 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 purchase of a Disinfectant System, Refrigerators, Freezer and Decontamination Supplies in order to assist with County medical expenses 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. (Audio Reference 1h:16m 25s)

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 18.E.3.A.

Vote: 5 - 0 - Unanimously 

B) 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:17m 12s)

Commissioner Fuentes stepped away from the meeting. 

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.E.3.B

Vote: 4 - 0 – Unanimously

C) Requesting authority to purchase the following equipment/supplies with a cost of $449,518.72 from awarded coop vendors Aerodave [HGAC] & Grainger [TXMAS] through the County's membership/participation with said cooperative purchasing programs: (Audio Reference 1h:17m 48s)
Cooperative Contract Number Description Quantity
HGAC EP11-17 Disinfectant Large Machines 10
HGAC EP11-17 Disinfectant Smaller Machines 10
HGAC EP11-17 Decontamination Supplies for Disinfectant Machines Various
TXMAS 18-51V06 Vaccine and Specimen Refrigerators 5
TXMAS 18-51V06 Upright  Freezer  1

Commissioner Fuentes rejoined the meeting.

Legal Counselor, Victor Garza asked for the record if the cooperative purchases are in compliance with the requirements under 2CFR-200, in which Ms. Salazar confirmed to be in compliance. 

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 18.E.3.C

Vote: 5 - 0 - Unanimously 
 
F.
 
IT Department:
 
1.
AI-75839
A.  Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code 262.024(a)(2)(3) as it is necessary to preserve or protect the public health or safety of the residents of the county; and.unforeseen damage to public property. (Audio Reference 1h:18m 44s)

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 18.F.A.
                                                                              
 Vote: 5 - 0 – Unanimously  

B.  Requesting authorization to enter into a short term Dedicated Internet Access or Data Transport Service Agreement with SmartCom Telephone for internet services for the Hidalgo County IT Department for a short term [effective upon action and through 12-31-20] in the amount of $3,171.00, subject to final legal review as to form;. (Audio Reference 1h:19m 09s)

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 18.F.1.B.
                                                                              
 Vote: 5 - 0 – Unanimously

C.  Ratification of Purchase Order No. 817221 issued on June 4, 2020 for $3,171.00 [processed due to urgent and necessary circumstances]; (Audio Reference 1h:19m 50s)

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 18.F.1.C.
                                                                              
 Vote: 5 - 0 – Unanimously
 
G.
 
Co. Wide
 
1.
AI-75723
Presentation of qualified responsible vendor, UTW Collection Services, submitting the  best bid meeting all specifications and/or requirements for: "Tire disposal Services .-Hidalgo County-Bid No.: 2020-091-03-18-ABV. (Audio Reference 1h:21m 21s)

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 18.G.1.

Vote: 5 - 0 - Unanimously 
 
19.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference1h:23m 44s)
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 19.A.1 & 2.
 
B.
AI-75848
Discussion and consideration and action to amend the current Hidalgo County Mass Gathering Rules and Regulations authorized under Chapter 751 of Texas Health and Safety Code (the Texas Mass Gathering Act) to  limit mass gatherings to 500 persons , and require appropriate county permits and adherence to all county regulations and requirements, during any declared emergency or disaster including the declared public health emergency period related to COVID-19,  in accordance with Governor Abbott's Executive Order GA-26, unless superseded by  proclamation  or  future executive order by the Governor. (Audio Reference 1h:23m 59s)

Legal Counselor, Victor Garza stated a correction to the agenda item, in which the amendment should state during the declared emergency related to the Covid-19 Virus, and not ANY declared emergency. He further stated that this amendment was temporary and the limit to mass gatherings would be 500 persons.

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 19.B.
                                                                              
 Vote: 5 - 0 – Unanimously

The court proceeded to Closed Session.
 
20.
AI-75872
Discussion, consideration and possible action regarding:
a.  County response to disaster/health emergency: 
     1.  CARES Act Funds (Audio Reference 1h:30m 15s)

Valde Guerra stated that no action was to be taken on item 20.A.1.

     2.  Approval of CARES Act inter-local agreement with sub-recipient municipalities (Audio Reference 1h:30m 29s)

Valde Guerra stated that they would proceed as directed.

b.  Measures necessary to preserve public health and safety (Audio Reference 1h:31m 39s)

Valde Guerra stated that no action was to be taken on item 20.A.2.B.

c.  Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:31m 45s)

Valde Guerra stated that the county is taking the necessary precautions to ensure the safety of the constituents and Hidalgo County employees.

Valde Guerra stated that no action was to be taken on item 20.C.

The court proceeded to item 26 - Adjournment.

 
 
21.
 
Closed Session: (Audio Reference 1h:27m 30s)
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 3:53 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

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

Reference item 23.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 item 23.B.
 
C.
AI-75819
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 23.C.
 
D.
AI-75802
Cause #C-1863-20-E; Nina Trillayes & Jorge Lopez v County of Hidalgo & City of McAllen

Reference item 23.D.
 
E.
AI-75852
Claim of Jesus Gonzalez, Jr.

Reference item 23.E.
 
22.
 
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 1h:29m 58s)

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

The court proceeded to item 20.
 
23.
 
Open Session: (Audio Reference 1h:28m 11s)

The court returned from Closed Session at 5:16 P.M.

The court continued to item 23.A.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:28m 43s)

No action was taken on item 23.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:28m 47s)

No action was taken on item 23.B.
 
C.
AI-75818
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:28m 53s)

Reference agenda item 20.
 
D.
AI-75803
Cause #C-1863-20-E; Nina Trillayes & Jorge Lopez v County of Hidalgo & City of McAllen (Audio Reference 1h:29m 05s)

Valde Guerra stated that Josephine Ramirez's office will facilitate defense 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 on item 23.D as stated. 
                                                                              
 Vote: 5 - 0 – Unanimously
 
E.
AI-75854
Claim of Jesus Gonzalez, Jr. (Audio Reference 1h:29m 39s)

Valde Guerra requested for settlement authority to make an offer in the amount of $180.16
 
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on the offer in the amount of $180.16
                                                                              
 Vote: 5 - 0 – Unanimously

The court proceeded to item 22.
 
24.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed to item 24 - Closed Session.
 
25.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceeded into item 25 - Open Session.
 
26.
 
Adjourn (Audio Reference 1h:32m 16s)

Judge Cortez adjourned 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 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 9th day of June, 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 June 9, 2020.

Signed this 12th day of June 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy