BE IT REMEMBERED, that on this 15th 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:
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AGENDA CC REGULAR HIDALGO COUNTY COMMISSIONERS COURT MEETING September 15, 2020 10:00 A.M. |
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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.
Judge Cortez called the meeting to order at 10:27 A.M.
All members of the court were present during the roll call.
Judge Cortez led in the reciting of the Pledge of Allegiance.
Judge Cortez offered the prayer.
Valde Guerra requested that the court pull Consent Agenda items: 4.B.1.A, 7.L, 7.O.1, & 7.O.2.
The court motioned to approve the remainder of the Consent Agenda without Consent Agenda items: 4.B.1.A, 7.L, 7.O.1, & 7.O.2.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval of the remainder of the Consent Agenda, without Consent Agenda items: 4.B.1.A, 7.L, 7.O.1, & 7.O.2.
Vote: 5 - 0 – Unanimously
The court proceeded to Consent Agenda 4.B.1.A for further discussion.
There were two Open Forum participants.
First participant, Jerusalem Flores, expressed his concerns to the court in reference to the property tax increase.
Second participant, Fern McClaugherty, voiced her concerns on the property tax increase, as well as agenda items 20.A.1 & 20.B.1.
No action was taken on item 5 - Open Forum.
Discussion, consideration and action regarding participation request from Here Everybody Loves People - Census Outreach
Judge Cortez stated that no action was to be taken on item 6.A.
County Treasurer recommended to the court that Hidalgo County not participate in deferment of the social security taxes.
Legal Counselor, Josephine Ramirez, recommended to the court to state a motion to not participate in deferment of the social security taxes.
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval not to participate in the deferment of the social security taxes for item 7.A.
Vote: 5 - 0 -Unanimously
Paul Villareal, with the Tax Office, presented to the court the Annual Collection Report for 2019-2020.
No action was taken on item 8.A.1.
2. Presentation of Hidalgo County 2019-2020 Annual Motor Vehicle Collection Report. (Audio Reference 49m:17s)
Motor Vehicle Manager, Santos Castilleja, presented to the court the Annual Motor Vehicle Collection Report for 2019-2020.
No action was taken on item 8.A.2.
The court proceeded to item 19.B. (Audio Reference 54m:06s)
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting
(Audio Reference 1h:03m 09s)
Valde Guerra stated that no action was to be taken on item 9.A.1 & 9.A.2.
Kelly Salazar and Michael Cano, with Linebarger Goggan Blair & Sampson, LLP, presented before the court Delinquent Tax Collection Report for the period of July 1, 2019 to June 30, 2020, as well as the Tax Sale/Resale Program.
No action was taken on item 9.B.
Valde Guerra stated that no action was to be taken on item 9.C.
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 10.A.
Vote: 5 - 0 – Unanimously
Commissioner Fuentes stepped away from the meeting.
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 11.A.
Vote: 4 - 0 - Unanimously
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 12.A.
Vote: 4 - 0 - Unanimously
Commissioner Fuentes rejoined the meeting.
Jaime Longoria, with the Community Service Agency, explained to the court that Section 17 was added to the agency's fiscal policies, and was recommended by the agency's financial audit last year. Mr. Longoria further stated to the court, in order to be in compliance with Section 200.305 B Sub-Section 9, the agency must amend their policies to include these changes.
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
- Discussion on Election Updates.
- Discussion, consideration and approval for the Hidalgo County Elections Department to apply for the Center for Technology and Civic Life Grant (CTCL).
- Discussion, consideration and approval for the Hidalgo County Elections Department to sign and submit any documents necessary to comply with the CTCL Grant requirements.
Yvonne Ramon, with the Elections Department, stated that October 5, 2020 was the deadline to register as a new voter and/or make any changes. Mrs. Ramon further stated that the department's goal to post the sample ballot on the Elections Department's website will be September 21, 2020.
No action was taken on item 14.A.1.
AI - 14.A.2. - (Audio Reference 1h:33m 58s)
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.
Vote: 5 - 0 – Unanimously
Commissioner Torres stepped away from the meeting.
AI - 14.A.3. - (Audio Reference 1h:34m 41s)
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.A.3.
Vote: 4 - 0 – Unanimously
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 15.A.
Vote: 4 - 0 – Unanimously
Commissioner Torres rejoined the meeting.
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
The court proceeded to item 17.A. (Audio Reference 1h:38m 55s)
Valde Guerra stated that no action will be taken on item 16.B.
The court proceeded to item 24.A. (Audio Reference 2h:21m 47s)
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 17.A.
Vote: 5 - 0 - Unanimously
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.A.
Vote: 4 - 0 – Unanimously
Diana Hualpa, with the Wellness Program, presented to the court updates on the following programs: Diabetes Management Plus Program, TelaDoc Health, Employee Assistance Program, Vera Whole Health, Wellness Embassadors, and upcoming events.
No action was taken on item 19.A.
The court proceeded to item 19.D. (Audio Reference 1h:48m 49s)
Noe Hinojosa, with Estrada & Hinojosa Investment Banker, presented to the court the Pricing Progression Summary & Tax Rate Impact with 2020 Issuance with the September 14, 2020 sale.
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: 5 - 0 – Unanimously
Sergio Cruz, with the Budget and Management Department, stated 11:01 A.M as the time in which item 19.B was approved for the record. (Audio Reference 1h:02m 40s)
- Rule 15c2-12 Certificate Executed
- Certificate for Order Executed
- Certificates of Obligation, Series 2020 - Registered Principal Amount Executed
- Certificates of Obligation, Series 2020-Purchase Contract Executed FOR RECORD ONLY
- Certificates of Obligtion, Series 2020 Executed
- Closing Certificate Executed
- General Certificate Executed
- Official Statement Certificate Executed
- Order Authorizing Issuance Executed
- Paying Agent-Registrar Agreement Executed
- Resolution authorizing Publication of county's noticeds of intent to issue certificates Executed
- Signature Identification & No-Litigation Certificate Executed
- Tax Exemption and No-Arbitrage Certificate Executed FOR RECORD ONLY
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.C.
Vote: 5 - 0 – Unanimously
The court returned back to item 9.A. (Audio Reference 1h:03m 09s)
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. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 19.D.
Vote: 4 - 0 – Unanimously
Approval of 2020 interfund transfer from R&B (1200) into TxDOT (1315) in the amount of $24,933.07 to fund Supplemental Agreement #3 to WA#1.
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 19.E.
Vote: 4 - 0 - Unanimously
Valde Guerra stated for the record that Commissioner Fuentes abstained from any discussion and/or action on item 19.F.
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 19.F.
Vote: 3 - 0 – Unanimously
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).
Martha Salazar, with the Purchasing Department stated the scores as follows: Real Auction with a score of 446 and Auction House with a score of 449.
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 20.A.1.A.
Vote: 4 - 0 -Unanimously
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 20.A.1.B.
Vote: 4 - 0 – Unanimously
The court proceeded to item 20.B.1. (Audio Reference 1h:57m 40s)
(Audio Reference 2h:01m 26s)
Oscar Garcia, with Jacobs, presented a summary to the court for each option stated above, and what each option includes.
The court motion to approve Option B - The Meander.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of Option B - The Meander.
Vote: 4 - 0 - Unanimously
The court proceeded to item 20.E.1. (Audio Reference 2h:11m 42s)
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 20.B.1.
Vote: 4 - 0 – Unanimously
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.C.1.A.
Vote: 4 - 0 – Unanimously
B. In accordance with Section 791.014 of the Texas Government Code, requesting approval of a road improvement project to a portion of Gonzalez Rd. from (Military HWY 281 to 866ft. north of Gonzalez Rd.) (Audio Reference 1h:57m 48s) (Audio Reference 1h:59m 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 20.C.1.B.
Vote: 4 - 0 – Unanimously
- Exhibit B - Scope of Services to be provided by the Engineer
- Exhibit D-1 - Estimated Man-Hour Breakdown
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.D.1.A.
Vote: 4 - 0 - Unanimously
B. Pursuant to Article 14 of the original contract, request by L&G Engineering to engage B2Z Engineering as a subcontractor for aerial imagery services. (Audio Reference 2h:00m 55s)
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.D.1.B.
Vote: 4 - 0 - Unanimously
The court returned back to item 20.A.2. (Audio Reference 2h:01m 18s)
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 20.E.1.A.
Vote: 4 - 0 – Unanimously
B. Requesting exemption from competitive bidding requirements under the Texas Local Government Code Section 262.024 (A) (1) an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the county; and, (2) an item necessary to preserve or protect the public health or safety of the residents of the county; (Audio Reference 2h:17m 29s)
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 20.E.1.B.
Vote: 4 - 0 – Unanimously
C. Approval to enter into a three (3) year Master Service Agreement with SmartCom for the provision of certain services, as set forth therein commencing upon approval and subject to 1295 compliance. (Audio Reference 2h:17m 52s)
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 20.E.1.C.
Vote: 4 - 0 – Unanimously
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 20.E.2.
Vote: 4 - 0 – Unanimously
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 20.F.1.
Vote: 4 - 0 – Unanimously
The court proceeded to item 22 - Closed Session (Audio Reference 2h:20m 18s)
A. County response to disaster/health emergency:
1. CARES Act Funds
a. Discussion, consideration and approval to amend eligibility guidelines for the Hidalgo County Mortgage & Rent Relief Program (Audio Reference 2h:24m 15s)
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 21.A.1.A.
Vote: 4 - 0 -Unanimously
b. Discussion, consideration, and approval to amend the Hidalgo County Cares Small Business Grant Program guidelines and eligibility criteria (Audio Reference 2h:24m 46s)
Valde Guerra stated that no action was to be taken on item 21.A.1.B.
B. Measures necessary to preserve public health and safety (Audio Reference 2h:24m 58s)
Valde Guerra stated that action has already been taken, therefore no action was taken on item 21.B.
C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 2h:25m 08s)
Valde Guerra stated that the county will continue to follow the CDC guidelines to ensure the safety of all the constituents of Hidalgo County conducting business at county facilities, as well as for the safety of the county's employees.
No action was taken on item 21.C.
The court proceeded to item 24.E. (Audio Reference 2h:26m 15s)
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:
Commissioner Cantu stepped away from the meeting.
The court proceeded into Closed Session at 12:19 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 proceed into Closed Session.
Vote: 3 - 0 – Unanimously
Reference item 24.A.
Reference item 24.B.
Reference item 24.C.
Reference item 24.D.
Reference item 24.E.
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 23.A.
Vote: 4 - 0 - Unanimously
B. Engagement with the firm of David Willis, Ray Thomas, Michael McGurk, & Marissa Hernandez, 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:23m 03s)
Valde Guerra stated 23.B. was specific to, Cause No. 7:20-cv-00257; Catalina Zuniga Herrera et al v Steven Farias et al, and requested authority to submit letters of engagement individually to David Willis, Ray Thomas, Michael McGurk, & Marissa Hernandez.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of item 23.B as requested above.
Vote: 4 - 0 – Unanimously
The court returned back to item 21 - (Audio Reference 2h:24m 15s)
The court returned from Closed Session at 2:06 P.M.
All members of the court were present, with the exception of Commissioner Flores in Open Session.
The court returned back to item 16.B. (Audio Reference 2h:21m 21s)
Valde Guerra stated that no action was to be taken on item 24.A.
Valde Guerra stated that no action was to be taken on item 24.B.
Reference item 21.
Valde Guerra requested the court to reference item 23.
The court continued to item 23.
Valde Guerra requested for settlement authority to make an offer in the amount of $336.08, and if accepted a payment will be issued to Pedro Soto and Military Highway Supply Corporation.
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 for item 24.E.
Vote: 4 - 0 – Unanimously
The court proceeded to item 27 - Adjournment. (Audio Reference 2h:27m 07s)
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed
The court did not proceed into item 25 - Closed Session.
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed
The court did not proceed into item 26 - Open Session.
Judge Cortez adjourned the meeting at 2:12 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 adjourn the meeting.
Vote: 4 - 0 - Unanimously
The court proceeded into the scheduled Workshop for September 15, 2020.
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 15th 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 15, 2020.
Signed this 16th 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
