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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - July 7, 2020

BE IT REMEMBERED, that on this 7th day of July 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
July 7, 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 10m:24s)

Judge Cortez called the meeting to order at 10:03 A.M.

All members of the court were present during the roll call.

 
2.
 
Pledge of Allegiance (Audio Reference 10m:42s)

Judge Cortez led the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 10m:57s)

Judge Cortez offered the prayer.



 
4.
 
Approval of Consent Agenda (Audio Reference 12m:48s)

The court took a brief recess due to technical difficulties at 10:08 A.M., and returned at 10:11 A.M.

Valde Guerra requested that Consent Agenda item 10.F be pulled for further discussion. (Audio Reference 15m:10s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the Consent Agenda, with the exception of item 10.F to be pulled for further discussion.

Vote: 5 - 0 -Unanimously

The court proceeded to item 10.F of the Consent Agenda.
 
5.
 
Open Forum (Audio Reference 16m:05s)

First particpant, Ms Fern McClaugherty came before the court voicing her concerns on the county's expenditures. As a public participant, Ms.McClaugherty expressed her concerns on items 8.F, 13.A, 13.B, & 14.A.2.

Second participant, Honorable Mayor Jim Darling of McAllen, stated his concerns and recommendations in reference to the distribution of the CARES Act Funds.

No action was taken on item 5.
 
6.
 
District Attorney's Office:
 
A.
AI-76298
DA-Border Prosecution Unit Grant (BPU)(1281): (Audio Reference 24m:16s)
1. Approval to accept the Region 3-Border Prosecution Unit Supplemental Grant in the amount of $619,859.00, effective 09/01/2019 through 08/31/2021.
2. Approval of certification of revenues as certified by the County Auditor for the FY2020 Region 3-Border Prosecution Unit grand funds in the amount of $619,859.00 and appropriation of the same.

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.
                                                        
 Vote: 5 - 0 – Unanimously
 
7.
 
IT Department:
 
A.
AI-76289
Authorization and approval to purchase new wireless devices with service plans through the County's membership/participation with CONTRACT: DIR-TSO-3415 with VERIZON WIRELESS for the following: (Audio Reference 25m:32s)
 
Department: Employee: Description: Qty: Service Plan: Equipment:
County Judge Office Use New cell phone service 10 4G Custom Nationwide Unl. Mins.+MSG Unl.+ Email&Data Unl. @ $39.99 + $5.00 (taxes/fees)/ea per month iPhone SE 2020 64GB @ $0
Commissioner Pct. 3 Office Use New cell phone service 4 4G Custom Nationwide Unl. Mins.+MSG Unl.+ Email&Data Unl. @ $39.99 + $5.00 (taxes/fees)/ea per month iPhone SE 2020 64GB @ $0
Commissioner Pct. 3 Office Use New Mifi data service 6 Custom 4G Unl MB Plan w/MBP for National Security, Public Safety & First Responders @ $37.99/ea per month JetPack MiFi 8800L @ $0

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 7.A. 

Vote: 5 - 0 - Unanimously

Legal Counselor, Victor Garza stated that the auditor did have a concern with the funding requisition for the Pct. 3 IT items. Mr. Garza recommended that Pct. 3 submit an agenda if their intent was to use CARES Act funding for the courts consideration, and recommended approval subject to funding. (Audio Reference 57m:40s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as stated by Legal Couselor, Victor Garza above.

Vote: 5 - 0 -Unanimously 

The court continued to item 17 - Closed Session.
 
8.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed: (Audio Reference 26m:14s)
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. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.A. 1,2, & 3.

Vote: 5 - 0 – Unanimously
 
B.
AI-76088
Classification and Compensation Plan: (Audio Reference 26m:55s)
1. Approval to add the following position titles to the Classified Positions List:
Action Position Title  Grade
Add Immunization Specialist 06
Add COVID-19 Clerk I 01

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 8.B.1.

Vote: 5 - 0 – Unanimously

2. Approval of the following personnel actions, effective next full pay period 07/06/2020: (Audio Reference 27m:45s)
Action Dept./ Prg. Slot # Current Position Title Current Grade Proposed Position Title Proposed Grade
Title Change 340-003 0071 Outreach Specialist II 06 Immunization Specialist 06
340-011 0009
Title Change 340-003 A124 Outreach Specialist II 06 Immunization Specialist 06
340-012 0004
Title Change 340-003 A137 Outreach Specialist II 06 Immunization Specialist 06
340-012 0005
Title Change 340-003 A141 Outreach Specialist II 06 Immunization Specialist 06
340-012 0015
Title Change 340-003 A149 Outreach Specialist II 06 Immunization Specialist 06
340-012 0003

Raul Silguero stated a correction to the next full pay period date on item 8.B.2., in which it should state 07/20/2020, and not 07/06/2020. Mr. Silguero also requested no action on Slot number 0071 & 0009.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on the last four items on the chart above on item 8.B.2.

Vote: 5 - 0 - Unanimously 
 
C.
AI-76268
Health - PHEP Grant (1293): (Audio Reference 28m:42s)
Approval of clarification to agenda item #75970 stated for the record slot number T001.  The correct slot number is T022.

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 8.C.

Vote: 5 - 0 -Unanimously 
 
D.
AI-76255
Community Service Agency (3300): (Audio Reference 29m:20s)
1. Approval to rescind action taken on AI-76116 

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: 5 - 0 – Unanimously
 
E.
AI-76273
Elections (1100): (Audio Reference 30m:28s)
Approval to award discretionary step 2 to employe no. 239887, System Support Specialist III after approval of HR criteria certification in accordance with Section 8.03 of the Classification and Compensation Plan, effective next full pay period 07/20/2020.

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.E.
                                                        
 Vote: 5 - 0 – Unanimously
Attachments:
 
F.
AI-76269
CARES Act Relief Fund (1287): (Audio Reference 31m:12s)
1. Approval to create the following time-limited positions, effective upon Commissioner's Court approval (Department of Budget & Management & County Judge):
Action Dept./ Prg. Slot # Position Title Grade
Create 115-096 0001 - 0028 COVID-19 Clerk I 01
Create 115-096 0029  Deputy Emergency Management Coordinator II 13
Create 115-096 0030 Administrative Assistant IV 10

Raul Silguero requested approval subject to funding.

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.F subject to funding.
                                                        
 Vote: 5 - 0 – Unanimously

2. Approval of intradepartmental transfer (Audio Reference 33m:54s)

No action was taken on item 8.F.2.
 
G.
AI-76276
Sheriff (1100): (Audio Reference 34m:02s)
1. Approval of the following personnel actions, effective next full pay period 07/20/2020:
 
Action Dept./ Prg. Slot # Position Title Current Rank/ Allowance Proposed Rank/ Allowance
Add Supplemental Allowance 280-001 0116 Deputy Sheriff 06 06
$0.00 $1,800.00
Add Clothing Allowance $0.00 $500.00

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

2. Approval to increase Crime Prevention Officer (CPO) Level I Assignment Pay from 4 to 6 slots. (Audio Reference 34m:36s)

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.G.2.
                                                        
 Vote: 5 - 0 – Unanimously
Attachments:
 
9.
 
Urban County:
 
A.
AI-76153
Consideration and approval of the Three Year Cooperation Agreements with each participating city for fiscal years 2021-2023 necessary for the re-qualification of Hidalgo County as an Urban County for the U.S. Department of Housing and Urban Development (HUD) Program. (Audio Reference 34m:54s)

Commissioner Flores stepped away from 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 9.A.

Vote: 4 - 0 -Unanimously 

The court proceeded to item 11.A. (Audio Reference 36m:13s)

Technical support, Noah Lopez requested to return to item 9.A to clarify the vote. (Audio Reference 36m:48s)

Judge Cortez took a second vote for clarification. (Audio Reference 37m:00s)

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.A. for the record.

Vote: 4 - 0 -Unanimously 

The court continued to item 12.A.
 
10.
 
Health & Human Services Department:
 
A.
AI-76265
1.  Requesting approval to accept the Zika Healthcare Services Grant Contract HHS000059600001, Amendment No. 4 and to have County Judge sign the Amendment and related documents.  The purpose of the amendment is to decrease Health Resources and Services Administration (HRSA) funds. (Audio Reference 40m:45s)

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

Vote: 5 - 0 – Unanimously

2.  Requesting approval to deobligate the amount of $67,253.00. (Audio Reference 41m:34s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 10.A.2.

Vote: 5 - 0 - Unanimously

The court continued to item 14.A. (Audio Reference 41m:56s)
 
11.
 
Precinct #2 - Comm. Cantu:
 
A.
AI-76307
Discussion, Consideration, and Approval to appoint 2 new board member(s) to a 1 year term to the Hidalgo County Emergency Service District No. 4, pursuant to the Texas Health & Safety Code Section 775.034. (Audio Reference 36m:13s)

Commissioner Cantu appointed Javier Alaniz and Mentor Cantu, as the two new board members to a one year term to the Hidalgo County Emergency Service District No. 4.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to appoint Javier Alaniz and Mentor Cantu on item 11.A.
                                                                              
 Vote: 4 - 0 – Unanimously

Technical support, Noah Lopez requested to return to item 9.A to clarify the vote. (Audio Reference 36m:48s)
 
12.
 
Precinct #3 - Comm. Flores:
 
A.
AI-76245
Requesting approval to accept counteroffer to purchase a tract of land known as Parcel 28 associated with the Veterans Blvd. project with authority for the County Judge to sign the Administrative Evaluation and Approval Form. (Audio Reference 37m:23s)

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 12.A.

Vote: 4 - 0 -Unanimously 
 
13.
 
Budget & Management:
 
A.
AI-76209
CARES Act Relief Funds (1287): (Audio Reference 38m:10s)
1. Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, as listed on Exhibit A, to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation 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.

Commissioner Flores rejoined the meeting.

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 13.A.1.

Vote: 5 - 0 -Unanimously 

2. Approval of intradepartmental transfer. (Audio Reference 39m:46s)

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

Vote: 5 - 0 -Unanimously 
 
B.
AI-76293
Various Special Revenue Funds (1238, 1239 & 1228): (Audio Reference 39m:59s)
Approval of 2020 unappropriation of funds for various Special Revenue Funds due to revised revenue estimates by County Auditor and/or to cover deficits in unassigned fund balances as indicated below:
  • Countywide Records Management (1238)
  • Court Reporter Services (1239)
  • Sheriff Federal Sharing-U.S. Treasury (1228)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 13.B.

Vote: 5 - 0 -Unanimously 

The court proceeded back to item 10.A. (Audio Reference 40m:36s)
 
14.
 
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-76264
Presentation for award and contract to sole qualified vendor meeting all specifications with  Stericycle, Inc. for Bio-Hazardous Medical Waste Disposal Services & Supplies to Stericiycle, Inc. C-20-209-07-07 subject to compliance with HB 1295. (Audio Reference 42m:05s)

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 14.A.1.

Vote: 5 - 0 – Unanimously
 
2.
AI-76279
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 Architectural/Engineering Services for the Automatic Doors at Main and Secondary Entrances countywide project, 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 42m:34s)

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.2.A
                                                                              
 Vote: 5 - 0 – Unanimously
 
B. Presentation of Hidalgo County's active Pools of Architects and/or Engineers for Hidalgo County Commissioners' Court nomination of at least three (3) firms for the purpose of the selection protocol [nominate, select Evaluation Committee, present scoring grid to rank, and authorize negotiation for engagement] in connection to the above mentioned project: (Audio Reference 43m:32s)

Architect Firms:
                                                                                 

1. N/A                                            
2. N/A                                
3. N/A                                   

Martha Salazar recommended nominations for Engineer firms, rather than architect firms. No nominations were taken for architect firms.

Engineering Firms: (Audio Reference 45m:05s)

1. Commissioner Fuentes nominated Alpha Infrastructure.                                             
2. Commissioner Cantu nominated Half & Associates                                               
3. Commissioner Torres nominated STRADA                                       

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 the nominated engineering firms for item 14.A.2.B.

 Vote: 5 - 0 - Unanimously

C. Designation of an Evaluation Committee [with alternates] to score and grade the nominated firms above: (Audio Reference 46m:04s)

1. Commissioner Fuentes designated David Suarez, and Amy Saenz Smith as an alternate.
2. Commissioner Cantu designated Armando Garza with no alternate. 
3. Commissioner Flores designated Armin Garza, and Sarah Vela as an alternate.
4. Commissioner Torres designated Velinda Reyes, and Letty Saenz as an alternate. 
5. Judge Cortez designated Isaac Sulemana, and Hilda Salinas as an alternate.

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 persons designated and their alternates on item 14.A.2.C

Vote: 5 - 0 - Unanimously
 
3.
AI-76290
Consideration and approval to order Emergency Fuel Cards with State Fuel card Program Contractor (US BANK), to be utilized during EMERGENCY situations and rental vehicles are needed, with the State Program Contractor (EAN Holding) all fuel cards will be held at the Purchasing Dept. with details and other controls under BACKGROUND with a written release  requested  by Executive Officer.
NOTE:
All fuel cards will be returned back to the Hidalgo County Purchasing Department after rental is returned. Cards with be embossed with the word EMERGENCY RENTAL on them. (Audio Reference 47m:35s)

On motion by COMMISSIONER PCT. 3, JOE M. FLORES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 14.A.3.

Vote: 5 - 0 - Unanimously
 
B.
 
Health & Human Services Dept.
 
1.
AI-76258
A. “Discussion, consideration, and action to approve a necessary CARES Act Relief Fund expenditure to cover the estimated cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the Electronic Medical Records and the implementing of the migration and supplies, 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 48m:17s)

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.B.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 49m:07s) 

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

C.  Restatement and/or ratification of [R/AI#75841 CC-06-30-20] authority to accept and approve the Quote, Master Agreement and Mutual Non-Disclosure Agreement from vendor, Netsmart for an Electronic Medical Records System in the amount of $366,440.52 [$271,500.00/Migration Services + $94,940.52/Software] including the execution by County Judge of all documents required with project to be completed before 12-30-20. (Audio Reference 49m: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 14.B.1.C.
                                                        
 Vote: 5 - 0 – Unanimously
 
2.
AI-76267
A.  "Discussion, consideration, and approval of a necessary CARES Act Relief Fund expenditure to cover costs not accounted for in the current budget and cannot be lawfully funded by a line item, allotment or allocation, for the purchase of CAPR (Helmet Units) Air Purifying Systems and Accessories, in order to assist with County functions related to Medical and 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 50m:13s)

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

B.  Requesting exemption from competitive procurement requirements pursuant to Texas Local Government Code 262.024 (a)(1)(2)(7), attached herein; and (Audio Reference 50m: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 14.B.2.B.

Vote: 5 - 0 - Unanimously 

C.  Requesting approval to purchase CAPR (Helmet Units) Air Purifying Systems and Accessories through sole distributor Bio-Medical Devices International, Inc. in the total amount of $54,587.70, subject to compliance with Form1295. (Audio Reference 51m:20s)

Martha Salazar stated a correction to the total amount, in which it should stated $54,587.61, and not $54,587.70.

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 14.B.2.C, with the stated corrected amount of $54,587.61.

Vote: 5 - 0 – Unanimously
 
C.
 
Sheriff's Office
 
1.
AI-76107
A. HC/SO requests action to Rescind action [CC of 05-05-20/R-AI #75367] in connection with an ILA with the City of Progress; (Audio Reference 51m:51s)

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 14.C.1.A.

Vote: 5 - 0 - Unanimously

B. Pursuant to Texas Local  263.152, discussion and approval to declare as "surplus" Law Enforcement  Equipment as listed on Exhibit "A" contained herein with including authority to remove said personal property from the Hidalgo County Sheriff's inventory list; (Audio Reference 52m:22s)

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 14.C.1.B.

Vote: 5 - 0 – Unanimously

C. In accordance with Texas Government Code 791.001 - 791.003 (2) (3) requesting approval of an interlocal cooperation agreement {ILA} between Hidalgo County [SO] and the City of Progreso for the mutual benefit and assistance in connection with surplus law enforcement equipment and accessories and approved as to form by legal counsel. (Audio Reference 52m: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 14.C.1.C.

Vote: 5 - 0 - Unanimously 
 
2.
AI-76271
Requesting approval of Supplemental Agreement No.1 to Work Authorization No. 3 for contract [#C-18-228-10-09] with L &G Consulting Engineers for the, "Construction of the Bus Barn for Hidalgo County Sheriffs Department" to include Construction Material Testing in an amount of $5,509.18.(Audio Reference 53m:30s)

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 14.C.2.

Vote: 5 - 0 – Unanimously
 
D.
 
County Judge's Office:
 
1.
AI-76280
Emergency Management:
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 a line item, allotment or allocation, for Architectural Services for the Renovation/Remodeling of Two (2) Buildings for Conversion/Expansion of an Emergency Operations and Call Centers in order to assist with County actions to facilitate compliance with 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."; (Audio Reference 53m:59s)

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 14.D.1.A.

Vote: 5 - 0 – Unanimously
 
B.  Pursuant to Article 3 of the current Services Agreement with Rike Ogden Figueroa Allex Architects, Inc. [Pct. 4 Contract #C--19-201-08-13] approval  to request a Proposal for Services and proceed to negotiate a project specific AIA, A 201-207 Form of Agreement to develop and draft plans and specifications/scope of work for distribution to Job Order Contractors [awarded through cooperative programs] for the Renovation/Remodeling of Two [2] County-owned Buildings for Conversion/Expansion of an Emergency Operations and Call Centers for the Office Emergency Management; or, in the alternative;(Audio Reference 54m:59s)

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 14.D.1.B.

Vote: 5 - 0 – Unanimously
 
C. Presentation of Hidalgo County's current approved "Pool" of Architects for Hidalgo County Commissioners' Court nomination of at least three (3) firms  for the purpose of the selection protocol [nominate, select Evaluation Committee, present scoring grid to rank, and authorize negotiation for engagement] in connection with, above said project: (Audio Reference 56m:19s)

Architect

1. N/A
2. N/A
3. N/A

No action was taken on item 14.D.1.C.

D. Designation of Evaluation Committee to score and evaluate the nominated firms above. (Audio Reference 56m:22s)

1. N/A
2. N/A
3. N/A
4. N/A
5. N/A

No action was taken on item 14.D.1.D.
 
15.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 56m:45s)
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 15.A.
 
B.
AI-76242
Appointment of member to the Hidalgo County Housing Authority Board by Pct. #3 (Audio Reference 56m:52s)

Commissioner Flores appointed Henry Rodriguez.

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.B to appoint Henry Rodriguez to the Hidalgo County Housing Authority Board.

Vote: 5 - 0 - Unanimously 

Legal Counselor, Victor Garza requested for the court to return to item 7.A. for clarification purposes. (Audio Reference 57m:40s)
 
16.
 
Discussion, consideration and possible action regarding:
a. County response to disaster/health emergency: (Audio Reference 1h:00m 44s)
1. CARES Act Funds

Valde Guerra stated that no action was to be taken on item 16.A.1.

b. Measures necessary to preserve public health and safety (Audio Reference 1h:01m 02s)

The court urged that public to continue wearing facial coverings while in public, maintaining the practice of social distancing, and leaving their homes only when absolutely necessary.

No action was taken on item 16.B.

c. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:02m 51s)

Valde Guerra stated that the county will continue to implement the proper procedures to maintain the safety of all constituents and county employees during this pandemic.

No action was taken on item 16.C.

The court moved to item 20.
 
17.
 
Closed Session: (Audio Reference 58m:41s)
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 10:55 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.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference 19.C.
 
D.
AI-76248
Claim of Eduviges Garza Moreno

Reference 19.D.
 
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."

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:00m 29s)

Valde Guerra stated for the record that no action was to be taken on item 18.A & B.

The court returned back to item 16.
 
19.
 
Open Session: (Audio Reference 59m:29s)

The court returned from Closed Session at 1:12 P.M.

Commissioner Flores did not return from Closed Session.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 59m:34s)

Valde Guerra stated that he would proceed as directed.
 
B.
 
Pending and/or potential litigation (Audio Reference 59m:45s)

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

 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 59m:51s)

Reference item 16.
 
D.
AI-76249
Claim of Eduviges Garza Moreno (Audio Reference 1h:00m 05s)

Valde Guerra requested for settlement authority to make an offer in the amount of $1,470.68.

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 the settlement amount of $1,470.68.
                                                        
 Vote: 4 - 0 – Unanimously

The court returned back to item 18.

 
 
20.
 
Closed Session: (Audio Reference 1h:04m 03s)
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 20 - Closed Session.
 
21.
 
Open Session: (Audio Reference 1h:04m 07s)
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 21 - Open Session.
 
22.
 
Adjourn (Audio Reference 1h:04m 08s)

Judge Cortez adjourned the meeting at 1:17 P.M.

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

Vote: 4 - 0 – Unanimously

After adjournment, the court proceeded into a workshop meeting scheduled for this day, 07/07/2020.
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 7th day of July, 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 July 7, 2020.

Signed this 8th day of July 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy