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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - September 8, 2020

BE IT REMEMBERED, that on this 8th day of September 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
September 8, 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:

In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. As a result, all or some government officials may participate via videoconference. Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time. 

 
1.
 
Roll Call (Audio Reference 17m:34s)

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

All members of the court were counted present during the roll.
 
2.
 
Pledge of Allegiance (Audio Reference 17m:54s)

Judge Richard Cortez led the court in reciting the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 18m:10s)

Judge Cortez offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 18m:58s)

Valde Guerra requested that Consent Agenda items 7.A, 10.A, 11.A.1, 11.A.2, 12.A, & 12.B. be pulled for further discussion.

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 remainder of the Consent Agenda, excluding Consent Agenda items 7.A, 10.A, 11.A.1, 11.A.2, 12.A, & 12.B.

Vote: 5 - 0 – Unanimously

The court proceeded to Consent Agenda item 7.A.
 
5.
 
Open Forum (Audio Reference 24m:51s)

First Participant, Ms. Linda Falcon, with First Prodigy Right of Way Services, requested that her company be considered for ROW services. She went on to detail her experiences and licenses and asked what else needs to be done to obtain work.

Second Participant, Ms. Fern McClaugherty, discussed the Shelter in Place Order and its effects on the county residents, hiring of personnel through federal funding, the county's administration of the tax payers' monies, and the increase of the tax rate. Ms. McClaugherty also expressed her concerns with agenda items 17.B. and 18.F.1.

No action was taken on item 5 - Open Forum.
 
6.
 
County Judge's Office: (Audio Reference - #31:39)
 
A.
AI-77219
Approval of Resolution honoring essential employees that participated in the Summer Food Service Program (Audio Reference 31m:46s)

Misty Palacios, with the Public Affairs Office, read the resolution honoring essential employees that participated in the Summer Food Service Program, and introduced various school districts that expressed their gratitude towards the courts approval of the resolution.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE M. FLORES, the Court made a UNANIMOUS vote of approval on item 6.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
7.
 
District Attorney's Office:
 
A.
AI-77206
DA's Title IV-E (1100): (Audio Reference 43m:30s)
Approval for County Judge to sign the Signature Authority Designation form for the Title IV-E Contract #24738247.

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 7.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
Attachments:
 
8.
 
HIDTA - Task Force: (Audio Reference - #44:06)
 
A.
AI-77269
Requesting approval for County Treasurer to process payment for medical reimbursement in the amount of $105.00/each for Criminal Investigator Michael Perez, TFA Carlos Mireles, and TFA Graciano Gamino after auditing procedures are completed by County Auditor. Investigator Perez, TFA's Mireles and Gamino paid for medical expense as required by the Texas Department of Public Safety for their current assignments. (Audio Reference 44m:04s)

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.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
B.
AI-77200
Approval to accept the transfer of One (1) 2016 Southwestern Pneumatic Flatbed Trailer from Department of Homeland Security with value of $19,900.00 to Hidalgo County HIDTA Task Force. (Audio Reference 44m:57s)

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.B.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
9.
 
Executive Office - Domestic Relations:(Audio Reference - #45:26)
 
A.
AI-77095
Requesting permission to access Criminal History Record Information (CHRI) from the Texas Department of Public Safety.  (Audio Reference 45m:27s)

Legal Counselor, Josephine Ramirez confirmed that the newly established department is allowed to have their own access to criminal history record information.

Ida Trejo and Nicole Villegas came before the court requesting access for the Domestic Relations Office for the purpose of conducting child custody evaluations and limited scope investigations as ordered by the court.

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: 5 - 0 – Unanimously

The court proceeded to item 11.A. (Audio Reference 48m:23s)
 
10.
 
Sheriff's Office: (Audio Reference - #47:33) and (Audio Reference - #51:07)
 
A.
AI-77245
Reqesting approval of payment for the following invoice as submitted by Celso Gonzalez Construction for Construction of a bus barn for Hidalgo County Sheriff's Office, through the current Agreement Contract# C-19-267-06-02. (PO# 819948).
Payment Application Amount:
#1 $16,479.90

(Audio Reference 51m:06s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 10.A.
                                                                              
 Vote: 5 - 0 – Unanimously

The court proceeded to item 12.A. (Audio Reference 51m:45s)
Attachments:
 
11.
 
Urban County: (Audio Reference - #48:26)
 
A.
AI-77210
“Subject to Compliance with HB 1295”, the Urban County Program is requesting approval to purchase equipment from The PlayWell Group, Inc. for the City of Mercedes Park in the amount of $8,465.08.  UCP Fiscal Years 32 (2019) City of Mercedes funds will be utilized. (Audio Reference 48m:23s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 11.A.
                                                                              
 Vote: 5 - 0 – Unanimously
 
B.
AI-77176
The Urban County Program requests approval of Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 33 (2020) retroactively effective July 1, 2020 to May 31, 2021.  (See attached Agreement) 
Amigos Del Valle                   Children’s Advocacy      Center Women Together Foundation, Inc
Boys & Girls Club of Pharr Easter Seals RGV Nuestra Clinica del Valle
Boys & Girls Club of Edinburg El Milagro Clinic Open Hands
C.A.M.P. University Food Bank RGV Weslaco Boys & Girls Club
CASA of Hidalgo County HOPE Family Health Center LRGVDC Valley Metro Transportation
RGV Literacy Center Valley AIDS Council of South Texas RGV-Families & Friends of MC










(Audio Reference 49m:04s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval.
                                                                              
 Vote: 5 - 0 – Unanimously
 
C.
AI-77178
Requesting approval of Year 33 (2020) Urban County Program Interlocal Agreements with sixteen (16) participating cities and authorization for Hidalgo County Judge Richard F. Cortez to sign any and all agreements. (Audio Reference 50m:18s)

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.C.
                                                                              
 Vote: 5 - 0 – Unanimously

The court returned back to item 10.A. (Audio Reference 50m:43s)
 
12.
 
Health & Human Services Department: (Audio Reference - #51:46)
 
A.
AI-77186
Requesting approval of the Certification of Revenue by the County Auditor in the amount of $221,016.55 from the Medicaid Administrative Claiming program for the quarter of October to December 2019 and appropriation of the same. (Audio Reference 51m:45s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 12.A.
                                                                              
 Vote: 5 - 0 – Unanimously

The court continued to item 14.A. (Audio Reference 53m:00s)
 
13.
 
Community Service Agency: (Audio Reference - #52:36) and (Audio Reference - #1:06:46)
 
A.
AI-77209
1. Public hearing regarding the proposed 2021 CSBG CAP plan and budget. (Audio Reference 1h:06m 38s)

Judge Richard Cortez opened the Public Hearing. There being no participants, Judge Cortez declared the Public Hearing closed.

No action was taken on item 13.A.1.

2. Discussion, consideration, and possible action to recommend approval of the 2021 Community Service Block Grant (CSBG) budget, with authorization for Jaime Longoria to sign any and all pertinent documents. (Audio Reference 1h:07m 18s)

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.2.
                                                                              
 Vote: 5 - 0 – Unanimously

The court proceeded to item 13.B. (Audio Reference 1h:07m 43s)
Attachments:
 
B.
AI-77183
Discussion, consideration, and action to accept the check donation in the amount of $5,000 from TXU Energy, Vistra Corporate Services Company, as Agent for benefit of Hidalgo County Employees for the purchase of Personal Protective Equipment (PPE). (Audio Reference 1h:07m 43s)

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 13.B.
                                                                              
 Vote: 5 - 0 – Unanimously

The court proceeded to item 15.A. (Audio Reference 1h:08m 08s)
Attachments:
 
14.
 
Elections Administration:(Audio Reference - #53:03)
 
A.
AI-77212
 
  1. Discussion on Election Updates (Audio Reference 53m:02s)
Ms. Yvonne Ramon, Elections Administrator, informed the court and audience that October 5th is the deadline to        register to vote or make any changes. She also mentioned that there will be 25 additional elections on the ballot,    there will be no straight party voting, and lastly, any non-contested elections will be at the end of the ballot.

No action was taken on 14.A.1.
  1. Discussion, consideration and approval of the November 3, 2020 Presidential Election Early Voting and Election Day polling locations. (Audio Reference 54m:58s)
On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU seconded by COMMISSIONER PCT. 4, ELLIE  ORRES, the Court made a UNANIMOUS vote of approval on item 14.A.2.
                                                                              
Vote: 5 - 0 – Unanimously
  1. Discussion, consideration and approval of the Hidalgo County Party Chairs' Countywide Polling Place Program list of Judges and Alternate Judges. (Audio Reference 56m:35s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 14.A.3.

Vote: 5 - 0 -Unanimously 

The court proceeded back to item 13.A.1. (Audio Reference 1h:06m 30s)
 
15.
 
Planning Department: (Audio Reference - #1:08:08)
 
A.
AI-77287
1.) Pct. 3 - Appointment of Member to the Hidalgo County Subdivision Advisory Board & Hidalgo County Board of Building Line Adjustment (Audio Reference 1h:08m 08s)

Omar Ramon was the appointed member.

On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval to appoint Mr. Omar Ramon.
                                                                              
 Vote: 5 - 0 – Unanimously
 
16.
 
Precinct #3 - Comm. Flores: (Audio Reference - #1:08:55)
 
A.
AI-77225
Requesting approval for Hidalgo County Auditor to process and issue check in the amount of $1,675.00 prior to services being rendered pursuant to Architectural Barriers Administrative Rules 68.80(g) to Mr. Anthony Covacevich - 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 "Liberty Blvd. (US 83 to Mile 3) Project" for compliance with ABA rule 68.50 (a)(c) (Audio Reference 1h:08m 53s)

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 16.A.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-77202
Requesting approval to accept counteroffer to purchase a tract of land known as Parcel 34 associated with the Veterans Blvd. project with authority for the County Judge to sign the Administrative Evaluation and Approval Form. (Audio Reference 1h:09m 41s)

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 16.B.
                                                                              
 Vote: 5 - 0 – Unanimously
 
17.
 
Budget & Management: (Audio Reference - #1:10:10)
 
A.
AI-77229
WIC ADM  (1292): (Audio Reference 1h:10m 11s)
Approval of salary schedule changes  in accordance with Hidalgo County Classification and Compensation Pay Plan:
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary Proposed Salary Variance G/S Effective Date
Promotion 350-001 0134 Custodian II 03/04 $26,234.00 $27,152.00 $918.00 03/05 08/31/2020

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 17.A.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
B.
AI-77218
CARES Act Relief Funds (1287): (Audio Reference 1h:10m 42s)
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.

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 17.B.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
C.
AI-77204
Title IV-E Child Welfare Services (1100): (Audio Reference 1h:11m 26s)
Approval for the County Judge to sign Signature Authority Designation Form for Title IV-E Grant Contract #24738252 (October 1, 2020 - September 30, 2021).
 
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.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
D.
 
Budget Appropriations:
 
1.
AI-77214
CARES Act Relief Fund (1287): (Audio Reference 1h:11m 47s)
Approval of certification of revenues as certified by the County Auditor for revenues received from interest earnings for the CARES Act Relief Fund (1287) in the amount of $258,973.22 and appropriation of the same.

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.D.1.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
2.
AI-77188
Pct. 1 Rd. Maint. (1200): (Audio Reference 1h:12m 31s)
Requesting approval of the Certification of Revenues by the Hidalgo County Auditor in the amount of $201,133.93 from Hidalgo District No. 1 to fund anticipated road expenditures and appropriation of the same. 
 
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.D.2.
                                                                              
 Vote: 5 - 0 – Unanimously
Attachments:
 
18.
 
Purchasing Department - Notes: (Audio Reference - #1:13:02)
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-77223
Presentation of qualified responsible vendor, Municipal Emergency Services Inc. DBA Lawmen Supply submitting the lowest and responsible bid for the purpose of award and approval of contract for RFB titled: Hidalgo County - "Bullet Proof Vest (Soft Body Armor)" through project No. 2020-029-07-29-HAG. (Audio Reference 1h:13m 02s)

Martha Salazar, with the Purchasing Department recommended approval subject to compliance with the Accords Certificate of Insurance. 

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.1, subject to the compliance with the Accords Certificate of Insurance. 
                                                                              
Vote: 5 - 0 – Unanimously
 
2.
AI-77228
Authority to advertise and approval of procurement packet (i.e., Legal Notice, Specifications, Draft Contract, etc.,) as attached hereto for Hidalgo County for "RFB: 2020-350 - "Custodial Services for Administration Building"" - including the re-advertising if/when applicable/necessary. (Audio Reference 1h:13m 02s)

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. 
                                                                              
Vote: 5 - 0 – Unanimously
 
3.
AI-77185
A.   Presentation and recommendations from Gallagher Benefits Services, HC Health Insurance Consultant by Mr. Lou Arias, of medical plan changes including, but not limited to, the following:
      a.  Discussion, consideration and approval of medical plan changes; 
      b.  Discussion, consideration and approval to set calendar year 2021 Health Insurance Plan Premiums; 

(Audio Reference 1h:14m 48s)

Discussion taken for items 18.A.3.A.A & B, in which  Lou Arias, with Aetna, provided the Court recommendations on how to save money for the County and it's employees.  

B.  Requesting approval for HC to exercise the option to renew and extend the first (1st) of two (2) one (1) year terms as provided in the current contract [C-19-225-10-03] with Aetna Life Insurance Co.

(Audio Reference 1h:14m 06s)

Valde Guerra stated for the record that Commissioner Fuentes abstained from any action and/or discussion as it pertains to items 18.A.3.B.

Commissioner Fuentes stepped away from the court. 

Mr.  Lou Arias, with Aetna, made the following recommendations:
  1. That the Court not go out for proposals but rather that they take the renewal and  move forward with the addition of the Prudent RX to target the specialty drugs. Mr. Arias explained that if the employee does not participate, the employee will have to pay 30% of the cost of the drug. If they do participate, it will be at no cost.
  2. Continue with 2nd year and accept renewal under the Aetna Administrative Agreement. (3%)
  3. To approve and accept Aetna’s Stop Loss Renewal at 4.9%.
  4. Rate Hold - Recommended that the Premiums remain the same – not increase employees or county’s portion.
Commissioner Flores stepped away from the meeting.

Commissioner Fuentes abstained.

On motion by COMMISSIONER PCT. 2, EDUARDO "EDDIE" CANTU to follow and approve the recommendations set forth by Lou Arias, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote to approve items 18.A.3.A.a & b and 18.A.3.B.
                                                                         
 Vote: 3 - 0 – Unanimously
 
B.
 
Executive Office
 
1.
AI-77222
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 Advertising Campaign], in order to assist with County functions related to 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 2h:00m 57s)

Commissioner Flores rejoined the meeting.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, JOE FLORES, the Court made a UNANIMOUS vote of approval on item 18.B.1.A.
                                                                        
 Vote: 4 - 0 – Unanimously

B.  Pursuant to "Restatement" of R/AI#75166 [CC 04-21-2020], exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(a)(1)(2) attached herein;  (Audio Reference 2h:01m 44s)

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

C.  Acceptance and approval of an "invoice"/claim from AIM Media Texas for COVID-19 digital media Public Service Announcements/Ads [mitigating efforts] with authority for County Treasurer to issue payment after review and auditing procedures are completed by County Auditor: (Audio Reference 2h:02m 09s)
Vendor Invoice # Invoice Date Amount
AIM Media Texas 83007051-0720 07/31/2020 $37,275.00

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.B.1.C.
                                                                              
 Vote: 4 - 0 – Unanimously
 
C.
 
Pct. 3
 
1.
AI-77205
If applicable, pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy 3.1 (1), requesting approval of Supplemental Agreement No. 2 to C-15-161-11-17 - L & G Consulting Engineers, Inc. d/b/a L & G Engineering for "Veteran Blvd (SH 495)" project to extend the termination date from October 13, 2020, to October 13, 2022, in order to complete the scope of services for this project.  (Audio Reference 2h:02m 57s)

Commissioner Fuentes rejoined the meeting.

Judge Cortez wanted to ensure that the new commissioner coming in will have an opportunity to voice his opinion on reducing this deadline. Ms. Salazar replied that all incoming elected officials have the opportunity to terminate the agreement at County's discretion. (Audio Reference 2h:00m 57s)

On motion by COMMISSIONER PCT.  3, JOE FLORES, seconded by COMMISSIONER PCT. 1 DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 18.C.1. 
                                                                              
 Vote: 5 - 0 – Unanimously
 
2.
AI-77239
Pursuant to HC adopted/current Exiting Elected Officials Expenditure Policy action on a request to purchase Type D Hot Mix Asphalt from current awarded vendor, Valley Caliche Products in the amount of $161,490.00 through submitted Requisition #420489
with authority to process a Purchase Order. (Audio Reference 2h:04m 17s)

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 18.C.2.

Vote: 5 - 0 - Unanimously
 
D.
 
Pct. 4
 
1.
AI-77201
Requesting approval of Work Authorization No. 2 - Contract C-19-210-09-03 - MEG, Inc. "On-Call Engineering Services" to provide Construction Material Testing for Linn-San Manuel Veteran's Park project - Precinct 4. (Audio Reference 2h:04m 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.D.1.

Vote: 5 - 0 - Unanimously 
 
 
E.
 
HIDTA
 
1.
AI-77221
A. Acceptance and approval to accept the reimbursement Memorandum of Understanding between Hidalgo County and the Hidalgo County HIDTA Task Force for Janitorial Services at the HIDTA building(s). (Audio Reference 2h:05m 12s)

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.  Requesting authority to continue with current MOU under contract C-15-374A-10-27 for Utility Services at the HIDTA building(s) while being occupied by HIDTA at the percentage of reimbursement contained in agreement. (Audio Reference 2h:05m 37s)

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
 
F.
 
Facilities Management
 
1.
AI-77272
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 purchase of Touch Free/Hands Free Plumbing Fixtures (for Countywide Facilities Upgrades and Retrofit/Improvements Project), in order mitigate the the spread of the virus 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 2h:06m 04s)

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 18.F.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 2h:07m 16s)

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.F.1.B.

Vote: 5 - 0 -Unanimously 

C.  Requesting approval to purchase plumbing fixtures through vendor Morrison Supply Company in the total amount of $470,020.00 subject to compliance with 1295 form. (Audio Reference 2h:07m 48s)

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 18.F.1.C.

Vote: 5 - 0 -Unanimously 
 
2.
AI-77238
Acceptance and approval to award the proposal received from Noble Texas Builders, LLC, JOC awarded vendor through the county's membership/participation with TASB/Buyboard Cooperative Purchasing Program Contract #581-19 for the repairs to the Hidalgo County Courthouse Annex III Roof with authority to process a Purchase Order for the submitted Requisition in the amount of $56,945.00 subject to final price verification/reconciliation. (Audio Reference 2h:08m 12s)

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 18.F.2.

Vote: 4 - 0 -Unanimously 
 
G.
 
Elections Department
 
1.
AI-77199
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 Hidalgo County in order to assist with County functions and compliance with public health measures related to the ongoing COVID-19 public health emergency. The Court having reviewed the Agenda Item Briefing herein find that such expenditure is reasonable and  necessary for the intended use".; (Audio Reference 2h:08m 57s)

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.A, as per Yvonne Ramon's, from the Elections Department, recommendation due to the time frame.

Vote: 4 - 0 - Unanimously 

B. Requesting exemption from competitive bidding/procurement requirements under Texas Local Government Code, 262.024 (a)(1) and (2) and (4)  'a personal service'... attached herein; (Audio Reference 2h:09m 23s)

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.G.1.B.
                                                                              
 Vote: 4 - 0 – Unanimously

C. Approval of a personal services Contract No. 2020-485-09-08 with Upper Valley Mailing Services for "Ballot Applications for Voting by Mail for Registered Voters who are 65 Years of Age and Older" subject to final approval as to legal form by HC/DA/Civil Section. (Audio Reference 2h:10m 15s)

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.G.1.C.

Vote: 4 - 0 – Unanimously
 
2.
AI-77248
A.  "Discussion, consideration, and action to approve a necessary Help America Vote Act, aka, HAVA CARES Act Relief Funds 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 Elections Department to purchase Hart Verity Controllers to assist with the increase in curbside voting  of government and of the County's efforts in mitigating the on-going 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 2h:10m 49s)

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.G.2.A.
                                                        
 Vote: 4 - 0 – Unanimously
 
 
B.  Requesting approval to purchase Hart Verity Controllers in the amount of $ 57,983.22 through the County's Membership/participation with TASB-BuyBoard Cooperative under Contract # 622-20[expires 09/30/21] Subject to 1295  (Audio Reference 2h:11m 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 18.G.2.B.

Vote: 4 - 0 - Unanimously 
 
3.
AI-77203
Acceptance and approval of an "Amendment" to the training SOE Software, d/b/a SCYTL Agreement [C-20-426-08-25]  presented and approved on (AI-76929 on 08/25/2020) between Hidalgo County Elections Department to include additional language of compliance with SAM.gov requirement/registration. (Audio Reference 2h:12m 12s)

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.3.

Vote: 4 - 0 - Unanimously 
 
H.
 
Tax Office
 
1.
AI-77257
Approval of the following agreement with JSJ Security, Inc. dba, Safe Guard Security for Security Alarm Monitoring services with authority for County Judge or Court Member to execute/sign agreement subject to 1295 compliance.
Department Location Requisition Monthly Amount
Hidalgo County Pct. 1 Tax Office 1900 E. Stephens Ave Suite A 420531 $35.00

(Audio Reference 2h:12m 42s)

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.H.1 

Vote: 4 - 0 - Unanimously 
 
I.
 
Sheriff's Office
 
1.
AI-77224
Approval to purchase  the removal and Installation of 114 Modems and Antennas for the Hidalgo County Sheriff's Office Patrol Units through our membership/participation  with DIR and Buyboard awarded vendors AT&T and DANA Safety Supply, Inc. subject to price verification; (Audio Reference 2h:13m 10s) 
Department Cooperative/Contract Vendor Description Qty Amount
Sheriff's Office Buyboard 603-20 Dana Safety Removal/Installation 114 $100,294.00
Sheriff's Office DIR-TSO-3420 AT&T Antennas & Modems 114 $139,591.86

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.I.1.

Vote: 4 - 0 – Unanimously
 
J.
 
District Attorney
 
1.
AI-77237
Requesting approval to purchase One (1) 2021 Toyota Rav4 FWD SUV Package with LE Package through awarded  vendor,  Silsbee Ford, Goodbuy Coop. contract #20-8F000 in the amount of $25,918.25.  Buyboard awarded vendors AT&T and DANA Safety Supply, Inc. subject to price verification; (Audio Reference 2h:14m 03s) 

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.J.1.

Vote: 4 - 0 – Unanimously
 
K.
 
Co. Wide
 
1.
AI-77282
Presentation of sole responsible bid received [meeting all specifications and/or requirements] from Pavement Markings, Inc. for the purpose of award and approval of contract document in connection with project titled: Hidalgo County-"Striping/Markings of County Roads, County Parking Lots, & Misc. County Owned Sites" through RFB No. 2020-033-09-02-HAG subject to final review as to legal form by HC/DA/Civil Section & compliance with 1295 Form. (Audio Reference 2h:14m 43s)

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.K.1.

Vote: 4 - 0 - Unanimously 
 
19.
 
Executive Office:
 
A.
 
Presentation for discussion of the following:
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects (Audio Reference 2h:15m 34s)

Valde Guerra stated that the Tax Office in the City of Weslaco is open and ready to serve the constituents of Hidalgo County, as well as Commissioner Fuentes' administration office that is temporarily housing a part of the Veterans Office and CSA.

No action was taken on item 19.A.1.

2) Emergency situations occurring since last agenda meeting (Audio Reference 2h:16m 47s)

Valde Guerra stated that no action was to be taken on item 19.A.2.

 
B.
AI-77270
Discussion, consideration and action on General, No-Litigation and Signature Identification Certificate of Hidalgo County for Hidalgo County Regional Mobility Authority (HCRMA) Revenue Bonds, Series 2020A and Taxable Series 2020B with authority for County Judge and Executive Officer to sign documents (Audio Reference 2h:16m 51s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 19.B.
                                                        
Vote: 4 - 0 – Unanimously

The court proceeded to item 21 - Closed Session (Audio Reference 2h:17m 39s)
 
20.
AI-77273
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds
a. Interlocal Cooperation Agreement with La Joya Independent School District (Audio Reference 2h:21m 04s)

Legal Counselor, Josephine Ramirez, recommended approval subject to final legal approval.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 20.A.1.A, subject to final legal approval.
                                                                              
 Vote: 3 - 0 – Unanimously

b. Interlocal Cooperation Agreement with Mcallen Independent School District  (Audio Reference 2h:23m 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 20.A.1.B.

Vote: 3 - 0 - Unanimously 

B. Measures necessary to preserve public health and safety (Audio Reference 2h:23m 45s)

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

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 2h:23m 55s)

Valde Guerra stated that the county will continue to implement the recommended CDC guidelines to ensure the safety of constituents doing business at county facilities, as well as the county's employees.

No action was taken on item 20.C.

The court proceeded to item 26 - Adjournment. (Audio Reference 2h:24m 34s)
 
21.
 
Closed Session: (Audio Reference 2h:17m 47s)
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following:

The court proceeded into Closed Session at 12:03 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: 4 - 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.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 23.C.
 
D.
AI-77233
CL-20-1720-G; Gilberto Espino et al v City of Elsa & Hidalgo County

Reference item 23.D.
 
E.
AI-77258
Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al

Reference item 23.E.
 
F.
AI-77250
Hidalgo County v. Miguel Angel De Leon 

Reference item 23.F.
 
G.
AI-77252
Hidalgo County v. Desmond Eugene Bolding 

Reference item 23.G.
 
H.
AI-77254
Hidalgo County v. Deyanira Gonzalez Bautista 

Reference item 23.H.
 
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 2h:20m 56s)

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

The court proceeded back to item 20. (Audio Reference 2h:21m 04s)
 
23.
 
Open Session: (Audio Reference 2h:18m 26s)

The court returned from Closed Session at 1:21 P.M.

Commissioner Flores and Judge Cortez did not return back from Closed Session.

The court proceeded to item 23.A. (Audio Reference 2h:18m 31s)
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 2h:18m 31s)

Valde Guerra stated that no action was to be taken on item 23.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 2h:18 39s)

Valde Guerra stated that no action was to be taken on item 23.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 2h:18 43s)

Reference agenda item 20.
 
D.
AI-77234
CL-20-1720-G; Gilberto Espino et al v City of Elsa & Hidalgo County (Audio Reference 2h:18 53s)

Valde Guerra requested that Josephine Ramirez's Office revise the suit filed, and advise accordingly. Valde Guerra stated that he will be working with Jones Galligan Key and Lozano, along with Josephine Ramirez's Office on behalf of Hidalgo County in reference to this case.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval as requested by Valde Guerra above on item 23.D.
                                                                              
 Vote: 3 - 0 – Unanimously
 
E.
AI-77259
Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al (Audio Reference 2h:19 37s)

Valde Guerra stated that the department will proceed as directed, and this item will be brought back to Commissioners Court next week.

No action was taken on item 23.E.

 
 
F.
AI-77251
Hidalgo County v. Miguel Angel De Leon (Audio Reference 2h:19m 55s)

Valde Guerra requested that this case be assigned to Josephine Ramirez's Office for the purpose of subrogation, including up to filing suit 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 requested above by Valde Guerra for item 23.F.
                                                                              
 Vote: 3 - 0 – Unanimously
 
G.
AI-77253
Hidalgo County v. Desmond Eugene Bolding (Audio Reference 2h:20m 15s)

Valde Guerra requested that Josephine Ramirez's Office facilitate this case for subrogation purposes up to and including filing suit 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 requested above by Valde Guerra on item 23.G.
                                                                              
 Vote: 3 - 0 – Unanimously
 
H.
AI-77255
Hidalgo County v. Deyanira Gonzalez Bautista (Audio Reference 2h:20m 34s)

Valde Guerra requested that Josephine Ramirez's Office facilitate this case for subrogation purposes up to and including filing suit 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 requested above by Valde Guerra for item 23.H.
                                                                              
 Vote: 3 - 0 – Unanimously

The court returned back to item 22 (Audio Reference 2h:20m 56s)
 
24.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into 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 proceed into item 25 - Open Session.
 
26.
 
Adjourn (Audio Reference 2h:24m 38s)

Commissioner Cantu adjourned the meeting at 1:27 P.M.

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

Vote: 3 - 0 – Unanimously
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 8th day of September, 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 September 8, 2020.

Signed this 14th day of September 2020




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


By: ____________________________
(Seal) Carolyn Thornton, Deputy